DeepBlue Epigenomic Data Server End User License Agreement ----------------------------------- This is a legal agreement ("Agreement") between you ("Licensee", either an individual or a single entity) and Max Planck Institut fuer Informatik Stuhlsatzenhausweg 85 66123 Saarbruecken Germany, ("MPII" for short) about using the DeepBlue Epigenomic Data Server ("Software") that provides a tool for computational retrieving and analysis of genomes and epigenomes. Please read the following Agreement carefully. By using the software or downloading the source code you indicate that you have read and accepted the provisions of the Agreement and that you agree to be bound by all terms and conditions set forth herein. If you do not agree to any of the terms of this Agreement, do not use the Software and destroy any parts or results from the Software in your possession immediately. 1. Copyright DeepBlue Epigenomic Data Server, including but not limited to the program code, sample programs, any associated files and documentations (the "Software"), is owned by MPII and is protected by copyright laws. 2. License A license for using the DeepBlue Epigenomic Data Server web service or source code is provided free of charge to researchers working at academic, non-profit organizations on non-commercial projects. Any commercial use of the software is strictly forbidden (please contact MPII for a free, time-limited, commercial test license). 3. Limited Warranty and Liability Access to the software is provided on an “as is” basis, and there are no warranties or conditions with respect to its fitness for purpose, its operational state, character, quality, or freedom from defects, or the non-infringement of rights of third parties. The Licensee acknowledges that Software furnished hereunder is under test. The Licensee is solely responsible for determining the suitability of the Software and accepts full responsibility and risks associated with the use of the Software. In no event will MPII be liable for any damages, including but not limited to any loss of revenue, profit, or data, however caused, directly or indirectly, by the Software or by this Agreement. 4. Maintenance and Support MPII is not obliged to provide maintenance or support to you. Nor do we guarantee availability of the webserver. 5. Distribution No distribution is to be made of the Software by you. 6. Privacy MPII is committed to respecting the privacy and data security of the users of the software. In general, any uploaded data or conducted analyses are exclusively available under the same account data from where they were generated. MPI staff will access and / or view your data only when this is necessary for debugging purposes. However, due to the software being in test state it may happen that private data becomes erroneously accessible to third persons. MPII cannot take responsibility for any damages caused by such an event. 7. Reproduction of Information All information is generated for personal and academic, non-commercial use only and, in this context, may be reproduced, in part or in whole and by any means, without charge or further permission from MPII. However, we stipulate that the software has to be cited appropriately. 8. Termination If the Licensee fails to comply with any term of this Agreement, this Agreement is terminated and the Licensee has no further right to use the Software. On termination, the Licensee shall have no claim on or arising from the Software. The Software and any results generated by it shall be destroyed. 9. Applicable Law and Court of Jurisdiction This Agreement is made and shall be construed in accordance with the laws of Germany. Court of Jurisdiction is Saarbruecken, Germany. 10. Construction Clause If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. 11. Entire Agreement This Agreement constitutes the entire agreement between the Licensee and MPII. It replaces all other representations. All modifications or extensions of this Agreement need to be put down in writing.