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International HapMap Project Public Access License 1.1 [2003] PubRL 4 (1 August 2003)

International HapMap Project Public Access License

Version: 1.1, August 2003.

Copyright: Cold Spring Harbor Laboratory

URL: http://www.hapmap.org/cgi-perl/registration

Type: Science

Media: Database

Country: International

Licence text

INTRODUCTION

This International HapMap Project Public Access License applies to the HapMap Genotype Database. The Rationale for this License can be found at Introduction and Rationale.

As a user, you are required to accept these terms and conditions of access and use the first time you register to access the Genotype Database. You will choose a username and password that will be used for all subsequent access to the database. To accept the terms and conditions, click on the "Accept" button below." Each time you begin a new session with the Genotype Database you will be asked to enter your user name and password; in doing so you will be confirming that you have accepted the terms and conditions of access.

Before you click on the "Accept" button, you should read carefully the terms and conditions of this License as set out below. By clicking on the "Accept" button you are entering into a legally binding agreement to be bound by the terms and conditions of this License (under which you will then be a Licensee). When you click on the "Accept" button, the HapMap Project's appointed agent, Cold Spring Harbor Laboratory, P.O. Box 100, 1 Bungtown Rd., Cold Spring Harbor, NY 11724, telephone (516) 367-8397 ("the Licensor"), will grant on behalf of the HapMap Project to you (the "Licensee") a non-exclusive license under the terms and conditions set out below. For the sake of clarity, each licensee is addressed as "you" in those terms and conditions.

TERMS AND CONDITIONS FOR ACCESS TO AND USE OF THE GENOTYPE DATABASE ("LICENSE TERMS") ARE AS FOLLOWS:

This License applies to any database or other work that contains a notice saying that it may be distributed under the terms of this International HapMap Project Public Access License. The "Genotype Database" refers to any such database or work based on the Database, which means either the Genotype Database or any derivative work under copyright law: that is to say, a work containing the Genotype Database or a portion of it, either verbatim or with modifications or translated into another language. (The term "modification" includes, without limitation, translations.)

You may access and conduct queries of the Genotype Database and copy, extract, distribute or otherwise use copies of the whole or any part of the Genotype Database's data as you receive it, in any medium and for all (including for commercial) purposes, provided always that:

by your actions (whether now or in the future), you shall not restrict the access to, or the use which may be made by others of, the Genotype Database or the data that it contains;

in particular, but without limitation,

you shall not file any patent applications that contain claims to any composition of matter of any single nucleotide polymorphism ("SNP"), genotype or haplotype data obtained from the Genotype Database or any SNP, haplotype or haplotype block based on data obtained from the Genotype Database; and

you shall not file any patent applications that contain claims to particular uses of any SNP, genotype or haplotype data obtained from the Genotype Database or any SNP, haplotype or haplotype block based on data obtained from, the Genotype Database, unless such claims do not restrict, or are licensed on such terms that that they do not restrict, the ability of others to use at no cost the Genotype Database or the data that it contains for other purposes; and

you disclose data obtained as a result of your access to and use of the Genotype Database only to other parties who have first confirmed to you in writing that they too are licensees under the terms of the International HapMap Project Public Access License and so are bound by equivalent terms and conditions to those that you have accepted under this License. If you were to include the details of the individual genotypes in a publication, you could not conform to this clause; therefore, you may not include in publications the data on genotypes of individual HapMap samples that you obtained from the Genotype Database. However, you may publish conclusions based on such data, you may cite the Project database as your source of the data so that others may obtain access to them on the same terms as you obtained them, and you may provide the individual genotypes supporting those conclusions to any individual who has confirmed to you in writing that s/he is a licensee under the terms of the International HapMap Project Public Access License.

You may not access, copy, modify, sublicense, distribute or otherwise use the Genotype Database or the data contained in it except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, distribute or otherwise use the Genotype Database or the data contained in it is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

You are not required to accept this License. You have a choice as to whether or not you wish to do so by clicking (or not) the "Accept" button at the end of this License. However, if you do not accept this License, then nothing else grants you permission to access, use, modify, distribute or otherwise use the Genotype Database or the data contained in it. Such actions are prohibited if you do not accept this License.

You acknowledge that the Genotype Database and the data contained in it, to which access is provided under the terms of this License, are protected by law including, but not limited to, copyright laws of the United States, Europe, Canada, Japan and China and international treaties. The Genotype Database is controlled and operated by Cold Spring Harbor Laboratory from its office within the United States. Those who choose to access the Genotype Database from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

If, because of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot use the Genotype Database or the data contained in it so as to satisfy simultaneously your obligations under this License and any other applicable obligations, then you may not continue to use the Genotype Database or the underlying data contained in it at all.

If any portion of this License is held invalid or unenforceable under any particular circumstance, then the rest of the License is intended to apply and the License as a whole will apply in other circumstances .

It is not the purpose of this License to induce you to infringe any patents or other property right claims or to contest the validity of any such claims.

If the distribution or use of the Genotype Database or the data contained in it is restricted in certain countries either by patents or by copyright or database protection interfaces, then the HapMap Project or its agent (Cold Spring Harbor Laboratory) may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

The HapMap Project or its agent (Cold Spring Harbor Laboratory) may publish revised versions of the International HapMap Project Public Access License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new concerns.


NO WARRANTY

THIS LICENSE IS THE PARTIES' ENTIRE UNDERSTANDING OF THE CONTRACT BETWEEN THEM AND BECAUSE THE GENOTYPE DATABASE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE GENOTYPE DATABASE OR THE DATA CONTAINED IN IT, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT WHEN OTHERWISE STATED IN WRITING, THE LICENSOR OR OTHER PARTIES PROVIDE THE GENOTYPE DATABASE AND THE DATA CONTAINED IN IT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR MAKES NO REPRESENTATION OR WARRANTY THAT THE GENOTYPE DATABASE AND THE DATA CONTAINED IN IT WILL NOT INFRINGE ANY PATENT, COPYRIGHT OR OTHER PROPRIETARY RIGHT. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY AND PERFORMANCE OF THE GENOTYPE DATABASE AND THE DATA IT CONTAINS IS WITH YOU.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY OR REDISTRIBUTE THE GENOTYPE DATABASE AS PERMITTED ABOVE, BE LIABLE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE GENOTYPE DATABASE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE GENOTYPE DATABASE TO OPERATE WITH ANY OTHER DATABASES), EVEN IF THE LICENSOR OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE GENOTYPE DATABASE OR THE DATA CONTAINED IN IT RESULTS IN THE NEED FOR SERVICING AND REPAIR OR CORRECTION OF EQUIPMENT OR DATA, THEN YOU ASSUME THE COST OF THE SAME.

Failure by either party to exercise or enforce any right or remedy under this License agreement will not constitute a waiver of that party's rights or remedies or of the right to enforce them at a later time.

You may not assign or transfer any rights or obligations under this License agreement without Licensor's prior written consent.

You agree that you will not: use a false ID to gain access to the Genotype Database; select or use an ID of another user with the intent to impersonate that user; use another ID in which another user has rights; or knowingly introduce to or through the Genotype Database any viruses or other items of a destructive nature.

By clicking on the "Accept" button below, I certify that I have read and accept the terms and conditions above.