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Service Use Agreement
Please read this agreement (called the "Agreement") carefully. Your use of the IBM Bioinformatics and Pattern Discovery Group Web Service ("Service") indicates your acceptance of the following terms and conditions. If you do not agree to these terms and conditions, you may not use the Service.
1. USE OF SERVICE
In using the Service you will be invited to input information (for example, one or more sequences comprising letters and/or numbers) that the Service may run against its software, generate a result (for example, one or more patterns a gene, a multiple sequene alignment, an annotation, etc.), and then make the result available to you over the World Wide Web. You may use the result for any purpose provided that you do not imply that the result has any warranty or endorsement from IBM.
You may use the Service at no charge only for your own personal, non-commercial research. If you are interested in access to this Service for commercial purposes, please CLICK HERE for more information.
You understand that any information or content you submit for processing by the Service is not private, and will not be returned to you. For quality control and other purposes IBM may monitor use of the Service and information or content transmissions through it. IBM is not responsible for any third party obtaining or misusing information or content transmitted through the Service.
2. TERM AND TERMINATION
IBM may, at any time and without notice, terminate your access to the Service or modify, change or withdraw the Service.
3. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
IBM permits access to the Service through this web site to you on an "AS IS" basis, without warranty of any kind. IBM hereby expressly disclaims all warranties or conditions, either express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose and any warranties of non-infringement and freedom from interference with your enjoyment. You are solely responsible for determining the appropriateness of using this Service and assume all risks associated with the use of this Service, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. Some jurisdictions do not allow for the exclusion or limitation of implied warranties, so the above limitations or exclusions may not apply to you.
Neither IBM nor its Suppliers are responsible for the accuracy, completeness, timeliness, reliability, content or availability of the Service or any information retrieved or delivered through the service.
IBM will not be liable for any direct damages or for any special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if IBM has been advised of the possibility of such damages. IBM will not be liable for the loss of, or damage to, your records or data, or any damages claimed by you based on a third party claim. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
4. FEEDBACK
You hereby grant to IBM an irrevocable license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based upon any feedback, including materials and suggestions, that you provide to IBM.
5. GENERAL
This Agreement is governed by the laws of the State of New York, U.S.A. IBM provides the Service to you in the United States. Regardless of where you access the Service from, you agree to comply with all applicable United States laws, including those regarding the export of data.
You are also responsible for complying with all other governmental laws, rules and regulations that may be applicable to your use of the Service.
This Agreement is the only understanding and agreement we have regarding your use of the Service. It supersedes all other communications, understandings or agreements we may have had prior to this Agreement. IBM may modify this Agreement at any time by posting a new agreement with the Service. If you do not accept the modification, you must immediately terminate your use of the Service. By continuing the Service, you accept the modification.
Neither party will bring a legal action arising out of this Agreement more than two years after the cause of action arose.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired so long as the intent of the parties can be preserved.
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