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Terms of Service
By using the uBio Data archive you agree to abide by the following Terms and Conditions:
1. uBio hereby grants you a nonexclusive, limited license to use the data in the uBio Database (the "Content") in accordance with the Terms and Conditions, below (the "License"). You may not sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment or transfer is void.
2. The Content is intended for the personal, noncommercial use of Authorized Users of the uBio data archive. For information on other uses, please contact uBio. The restrictions on use of Content as set forth in this License shall survive any termination of the License.
3. Other than the uses permitted above with respect to Content, you may not reproduce, publish, distribute, transmit, participate in the transfer or sale of, modify, create derivative works from, display, or in any way exploit, the uBio data archive in whole or in part.
4. uBioŽ and the UBio logo are trademarks of uBio. Your use of the uBio data archive implies no right in these trademarks.
5. The uBio data archive may contain links to or may be accessible from links within related or unrelated World Wide Web sites and resources. uBio shall not be liable for any loss, injury, claim, liability, or damages of any kind arising out of or in connection with such links. You should direct any concerns regarding any outside link to its site administrator.
6. uBio will not be held liable for any delays, inaccuracies, errors or omissions in the uBio data archive, in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. uBio does not represent or endorse the accuracy or reliability of any Content. THE UBIO DATA ARCHIVE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UBIO FURTHER MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB OR OTHER SUCH COMPUTER PROGRAM. YOU HEREBY ACKNOWLEDGE THAT USE OF THE UBIO DATA ARCHIVE IS AT YOUR SOLE RISK.
7. You may not authorize use of the uBio data archive by anyone who is not an Authorized User. You may not set up a proxy or anonymous remailer for purposes of allowing access to uBio.
8. You shall notify uBio of any known or suspected unauthorized use(s) of your account, if applicable, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of your password or IP address. You are responsible for maintaining the confidentiality of your password, if applicable, and for all usage or activity on your account, including use of the account by anyone authorized by you to use your password. Any use of the uBio data archive beyond the scope of the License, knowing use of the password of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for termination of your account, or termination of access to uBio from your IP address, without notice and at uBio's sole discretion.
9. You hereby indemnify, defend and hold uBio, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you, or any user of your account, of these Terms and Conditions, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. uBio reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
11. This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of Massachusetts or United States Federal law, as applicable, excluding any such laws that might direct the application of the laws of another jurisdiction. The parties expressly exclude, if applicable, the application of the United Nations Convention on Contracts for the International Sale of Goods.
12. uBio may change these Terms and Conditions, or any aspect of the uBio data archive, at any time.
13. If any provision or provisions of this License shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby, and shall remain in effect.
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