Terms of Use


Background

GENEVESTIGATOR® consists of expertly curated gene expression data, browser and Java client interfaces, data transmission, data access and data analysis. GENEVESTIGATOR® makes available data, information, images, text or other materials ("Content") to persons having access to it ("User").

Accounts

Access to GENEVESTIGATOR® is provided to User via email and password ("Account") as obtained by registration. Each Account has specific access rights to software or content ("License") and cannot be shared with other persons than the owner of the Account. The duration of a License is one year and can be prolonged by the User. NEBION reserves the right to terminate an Account or License if User fails to comply with all of its terms.

Conditions

Upon registration, NEBION hereby grants to User, and User accepts, a limited, non-transferable, non-exclusive license to display, query and view results from GENEVESTIGATOR®. No other use of GENEVESTIGATOR® is permitted, including, but not limited to: (i) use or access by other persons than the owner of the login; (ii) use or access for the benefit of, on behalf of or upon the request of any third party; (iii) renting or loaning access to GENEVESTIGATOR®, (iv) the reverse engineering, decompiling, disassembling or attempting to otherwise access any source code. User warrants that the contents of GENEVESTIGATOR® are for User's internal use and may not be resold or otherwise distributed to third parties in any form including, but not limited to, via an internet, intranet or extranet site. All Content accessible through GENEVESTIGATOR® is for informational or research purposes only.

Disclaimer

GENEVESTIGATOR® has been developed as part of academic and commercial research at ETH Zurich and at NEBION AG. GENEVESTIGATOR® is made available AS IS without obligation by NEBION to provide accompanying services or support. NEBION DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, UNLESS OTHERWISE STIPULATED IN THIS AGREEMENT. NEBION WILL NOT BE LIABLE IN ANY EVENT FOR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
For direct damages incurred by the User in connection with the present licensing, NEBION is liable only if the damages are caused by unlawful intent or gross negligence. Any further liability, in particular for indirect or consequential damages such as lost profit, not realized savings, additional expenses of the Licensee or claims from third parties shall be excluded to the extent legally admissible. NEBION represents and warrants that it is the owner or has exclusive rights of and can dispose of the intellectual property of GENEVESTIGATOR®. NEBION has carefully studied the intellectual property rights and is of the opinion that no preceding intellectual property rights are infringed. In this regard, NEBION does not assume any other liability or grant any other representation or warranty.

User Support

User support requests via e-mail are processed free of charge. Training courses and tutorials will be provided upon request according to GENEVESTIGATOR® availability and may involve additional costs.


(Last updated: 15 December 2016)