The Service provides access to anonymous human gene expression data usable in health and disease related research. Upon accepting the Agreement you receive online access to the Service and a royalty-free right to carry out searches and use the Data made available for you, subject to the following restrictions:
The purpose of the Service is to enable you to carry out searches and use Data available via the Service. You are not allowed to copy the Database either in whole or substantial part thereof.
You may not provide access to the Service or Database for third parties without MediSapiens prior written consent.
In order to get access to the gene lists, filters and more advanced features of the Service you have to register by stating the names, email addresses and affiliations of the individuals who have access to the Service.
MediSapiens will retain confidentiality of given information (http://www.medisapiens.com/privacy-policy/) and in addition of signing in to the Service information provided by you may be used in following ways:
Informing you via email of new features of the services provided by MediSapiens.
MediSapiens maintains for reference purposes list of institutes, companies, organizations and universities (‘Affiliation’) using the Service. We do not disclose for any third parties Affiliation of any individuals registered to the Service.
The Database is collated and refined based on raw data available at public domain. All intellectual property rights related to the Service, Data and the Database ("Pre-existing IPR") vest in MediSapiens. Should you make any inventions or create any new intellectual property rights based on the Data ("New IPR"), such New IPR shall solely vest in you. If required, MediSapiens grants you a perpetual, royalty-free right to use its Pre-existing IPR relating to Data (in the form such Data is accessible via the Service during the validity of this Agreement) should such licence be necessary in order for you to use the New IPR. For the sake of clarity, such licence applies to individual Data, not to the Database as a whole or substantial part thereof.
The Agreement is in force (and you have access to the Service) until further notice. Either party may terminate the Agreement upon 7 days notice. You may terminate the Agreement by informing MediSapiens (firstname.lastname@example.org) of your will to get your account removed from IST Online. In case the obligations set out herein are not otherwise followed by you, MediSapiens reserves the right to terminate your access right to the Service with immediate effect.
Although MediSapiens uses commercially reasonably efforts to ensure that the Data is correct and the Service is available, the Data and the Service are provided on "as is" and "as available" basis and you are solely responsible for your own use thereof. TO THE EXTENT ALLOWED BY MANDATORY LAW, MEDISAPIENS DOES NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE SERVICE OR DATA. MEDISAPIENS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, CORRECTNESS AND FITNESS FOR A PARTICULAR PURPOSE. IN ALL CASES MEDISAPIENS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS' FEES) IN ANY WAY ARISING IN CONNECTION WITH THE DATA OR THE SERVICE.
MediSapiens may make changes to the Service, including enhancing, altering or removing the content and features, according to its discretion and without a separate notification. MediSapiens may also unilaterally change this Agreement. No change will have a retroactive effect, and they will be notified to you prior to entering into force.
The Service will be governed by the laws of Finland excluding its provisions relating to choice of law. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitration of the Finland Chamber of Commerce. The proceedings shall take place in the English language in Helsinki, Finland.
This Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications. If any provision herein is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.