This License and Terms of Use outlines the terms and conditions under which User may use Mixoviz. By using Mixoviz, User acknowledges and agrees to be bound by this License and Terms of Use. Mixoviz may be used for non-commercial, research purposes only.
“HudsonAlpha” means HudsonAlpha Institute for Biotechnology, an Alabama nonprofit corporation located at 601 Genome Way, Huntsville, Alabama.
“Mixoviz” means the collection of scripts available for research use only at https://github.com/HudsonAlpha/Mixoviz.
“User” means any person or entity that accesses or uses Mixoviz.
Subject to this License and Terms of Use, HudsonAlpha hereby grants User a limited, non-exclusive, irrevocable, and non-transferable right to access, use, and modify Mixoviz and its source code for research purposes only. This license does not entitle User to receive from HudsonAlpha any hard copy documentation, technical support, telephone assistance, enhancements, or updates to Mixoviz, and nothing contained herein will be interpreted as to require HudsonAlpha, its faculty, employees, or agents to provide maintenance, installation services, debugging, consultation, or end-user support of any kind. Any support that may be given by HudsonAlpha on a voluntary basis is provided “as is,” and HudsonAlpha makes no representations or warranties of any type whatsoever, express or implied, regarding the provided support. HudsonAlpha, in its sole discretion, may disable User’s access to Mixoviz at any time.
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User acknowledges that Mixoviz is a research tool and provided free of charge “as is.” User will not license, sublicense, sell, resell, transfer, assign, or otherwise commercially exploit or make available to any third party Mixoviz or any product utilizing any portion of Mixoviz, nor any derivative works of Mixoviz, without first entering into a separate commercial license with HudsonAlpha.
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If User creates a modification or derivative of Mixoviz that it plans to commercialize whether internally or via a third party, User must notify HudsonAlpha in writing of the modification or derivative within sixty (60) days of its creation. Upon HudsonAlpha’s request, User must grant HudsonAlpha a limited, non-exclusive, irrevocable license to use, access, modify, and distribute the User’s modification or derivative and its source code.
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User will not use Mixoviz or the results of Mixoviz as a diagnostic product, service, or clinical tool where the intended use is for data annotation, analysis, and interpretation that is medical or clinical in nature.
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User is responsible for the acts of and omissions of all employees, agents, and subcontractors who access and use Mixoviz. User must not remove, modify, or obscure proprietary or intellectual property rights notices that HudsonAlpha places on Mixoviz or any Mixoviz -generated data or documentation. This means that if User prints any portion of Mixoviz-generated data, User must reproduce and prominently display HudsonAlpha’s proprietary or intellectual property rights notices. User must comply with all applicable federal, state, local, and foreign laws, treaties, and regulations in connection with User’s use of Mixoviz, including those related to data privacy, international communications, and the transmission of technical or personal data.
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User’s limited right to access and use Mixoviz terminates immediately if User breaches this License and Terms of Use.
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User will not cause, authorize, or assist any third party to do any of the foregoing.
HudsonAlpha may from time to time develop and make available new releases of Mixoviz containing new features or functionality or modifications, bug fixes, or enhancements to Mixoviz’s existing capabilities. This License and Terms of Use applies to all such releases even if HudsonAlpha does not separately require User to provide reconfirmation of assent; provided, however, HudsonAlpha is under no obligation whatsoever to provide User with new releases or any other support, maintenance, training, consulting, or customization services related to Mixoviz.
User understands that all aspects of Mixoviz, including without limitation programs and methods of processing, and any and all improvements, enhancements, revisions, and modifications made by HudsonAlpha thereto shall remain the sole and exclusive property of HudsonAlpha. It is understood that no title to or ownership of Mixoviz, Mixoviz documentation, or any part thereof is hereby transferred to User. User understands and agrees that any and all copyrights, patents, trade secrets, and other intellectual property or proprietary rights in Mixoviz, and any improvements, enhancements, revisions, and modifications thereof, are and shall remain the property of HudsonAlpha, and nothing in this License and Terms of Use should be construed as transferring any aspect of such rights to User or any third party.
Mixoviz is intended to be used solely for research purposes only. While efforts have been made to ensure accuracy, HudsonAlpha does not warrant that the resulting data supplied by Mixoviz is up to date or completely accurate. User hereby releases HudsonAlpha (and its agents and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The availability of Mixoviz depends on many factors, including User's connection to the internet, the availability of the internet and equipment that, by its nature, is not fault tolerant. While HudsonAlpha will take reasonable efforts to ensure availability, HudsonAlpha does not warrant any specific levels of performance or availability or that Mixoviz will be error-free, and User agrees to assume any and all risk associated with its use of Mixoviz.
HUDSONALPHA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE THROUGH WHICH MIXOVIZ IS ACCESSED NOR REGARDING MIXOVIZ AND HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO MIXOVIZ AND MIXOVIZ -GENERATED DATA AND CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF MIXOVIZ IS BORNE BY USER. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HUDSONALPHA OR ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE A WARRANTY; NOR WILL USER RELY ON ANY SUCH INFORMATION OR ADVICE. HUDSONALPHA SHALL NOT BE LIABLE FOR FAILURES, INCLUDING FAILURES CAUSED BY USER OR ANY THIRD PARTY OR FAILURES CAUSED BY BUGS OR USER OR THIRD PARTY HARDWARE OR SOFTWARE.
USER ACKNOWLEDGES THAT IT IS ASSUMING ALL RISK ASSOCIATED WITH THE USE OF MIXOVIZ AND ANY RELATED REPORTS, WHETHER SINGULARLY OR IN COMBINATION WITH ANY OTHER APPLICATION, DATABASE, OR INFORMATION. USER ACKNOWLEDGES THAT IT IS ASSUMING ALL RISK AND RESPONSIBILITY FOR ITSELF AND ANY OF ITS END USERS FROM THE USE OF MIXOVIZ OR RESULTING REPORTS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURIES, DAMAGES, OR DEATH RESULTING FROM THE USE OF MIXOVIZ OR RELATED REPORTS, THE APPLICATION OF LAWS OR REGULATIONS, OR THE INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE USE OF MIXOVIZ OR RELATED REPORTS. NO RECOMMENDATIONS ARE GIVEN OR IMPLIED BY THE LICENSE OF MIXOVIZ TO USER AS TO ANY DRUG, INGREDIENT, TREATMENT, MEDICAL DEVICE, DIAGNOSIS, LABORATORY TEST, OR THERAPY OF A PATIENT WITH RESPECT TO HIS OR HER DISEASE OR MEDICAL OR GENETIC CONDITION. HUDSONALPHA DOES NOT PROVIDE, AND MIXOVIZ DOES NOT CONTAIN, A PLAN FOR THE TREATMENT OF A PATIENT AND DOES NOT CONSITUTE MEDICAL ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HUDSONALPHA OR ITS AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADE SECRETS, GOODWILL, OR ANTICIPATED OR LOST PROFITS) THAT RESULT FROM USER'S USE OF OR INABILITY TO USE MIXOVIZ. HUDSONALPHA IS NOT LIABLE FOR THE COST OR PROCUREMENT OF SUBSTITUTE SERVICES, TECHNOLOGY, OR DATA. USER AGREES TO USE MIXOVIZ AT ITS OWN RISK. USER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT HUDSONALPHA IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
This License and Terms of Use does not create any relationship between the parties of principal and agent, partners, joint venturers, legal representative, or employer and employee, whether between the parties or between a party and the other party's employees, for any purpose whatsoever. User has no right to create any obligation or responsibility, express or implied, on behalf of or in the name of HudsonAlpha or to bind HudsonAlpha in any manner or concerning any matter.
This License and Terms of Use will be construed, interpreted, and applied in accordance with the laws of the State of Alabama.
User agrees to comply with all export and re-export restrictions and regulations of the Department of Commerce or other agency or authority of the United States or other applicable countries, and not to transfer, or authorize the transfer of, Mixoviz to a prohibited country or otherwise in violation of any such restrictions or regulations. User shall obtain any and all import licenses necessary or proper for the import and use of Mixoviz, as relevant.
User shall acknowledge HudsonAlpha as the provider of Mixoviz in any publication or presentation using Mixoviz or any data derived from Mixoviz. User shall notify HudsonAlpha of any such publication or presentation within thirty (30) calendar days of public disclosure. User must include Mixoviz© 2018 James M. Holt and Elizabeth A. Worthey as the acknowledgement on any publication or presentation.
Any notices or notifications required by this Agreement shall be sent to:
HudsonAlpha Institute for Biotechnology
601 Genome Way
Huntsville, AL 35806
Attn: Legal Affairs
Via Email: [email protected]
HudsonAlpha retains the right to modify this License and Terms of Use at any time without individualized notice to each individual User. This License and Terms of Use should be regularly reviewed by Users.