Academic or Non-profit Access and Use Agreement
IMPORTANT - READ CAREFULLY:
This Agreement is a legal agreement between LICENSEE (User) and the Public Health England ("PHE"), whose office is at Public Health England, 151 Buckingham Palace Road, London, SW1W 9SZ, United Kingdom.
By accessing or otherwise using RubeNS (defined below in Paragraph 1), LICENSEE (defined below in Paragraph 2) agrees to be bound by the terms of this Agreement. If LICENSEE does not agree with the terms of this Agreement, do not access or use RubeNS.
- The Virus Reference Department of the Public Health England has developed proprietary software and an internet delivery system containing an integrated database of Rubella infection data and a data-mining platform, for use by trained individuals in the field of infection research, (hereinafter referred to as "RubeNS"). Any data within RubeNS or submitted to RubeNS will be sent to the WHO and may be used by WHO for programmatic and advocacy purposes with appropriate acknowledgement. PHE may modify, add, or remove content and functionality at any time; and
LICENSEE must be either:
- employed full-time by an academic or non-profit institution (INSTITUTION);
- employed part-time by INSTITUTION as the director of a laboratory or the INSTITUTION; or
- a full-time student whilst attending the INSTITUTION.
- LICENSEE desires to obtain access to the RubeNS, and PHE consistent with its mission of education and research, desires to grant a license to access and use RubeNS subject to the terms and conditions set forth below.
The parties therefore agree as follows:
PHE hereby grants to LICENSEE a non-exclusive, non-transferable right to access and use RubeNS solely to conduct research in LICENSEE's or INSTITUTION'S interest, for the sole benefit of LICENSEE or INSTITUTION, and subject to the terms and conditions of this Agreement. The LICENSEE shall not use any non-public access information gained from the RubeNS database for publication without obtaining permission from the contributing and/or sequencing laboratory, and WHO. Any data used after appropriate permission must be acknowledged as to its source. Notwithstanding the above limitation on the license, LICENSEE may publish and otherwise publicly disclose the results of the research it conducts with the use of RubeNS, provided the use of RubeNS is acknowledged using the appropriate citation.
LIMITATION OF LICENSE AND RESTRICTIONS
Except as expressly permitted by this agreement, no other use
of RubeNS is permitted, including, but not limited to:
- use or access for the benefit of, on behalf of, or upon the request of any other party;
- reproduction, adaptations, preparation of derivative works, or distribution of copies of any portion of RubeNS for any purpose;
- renting or loaning access to RubeNS, passwords, or usernames; or
- the reverse engineering, decompiling, disassembling, or attempting to otherwise access any source code for any software program.
- LICENSEE shall not assign this Agreement, and any attempt by LICENSEE to assign it shall be void from the beginning. LICENSEE agrees to secure and protect access to RubeNS in a manner consistent with the maintenance of PHE'S rights in RubeNS and to take appropriate action by instruction or agreement with its and INSTITUTION'S employees who are permitted access to RubeNS in order to satisfy LICENSEE'S obligations under this Agreement.
- Except as expressly permitted by this agreement, no other use of RubeNS is permitted, including, but not limited to:
TITLE AND OWNERSHIP
- No ownership rights of PHE in RubeNS are conferred upon LICENSEE by this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
- RubeNS IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHE DOES NOT WARRANT THAT THE DATA AND FUNCTIONS CONTAINED IN RubeNS ARE COMPLETE, ACCURATE OR ERROR-FREE; THAT THEY WILL MEET LICENSEE'S REQUIREMENTS; OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. PHE shall not be liable for special, indirect, incidental, or consequential damages with respect to any claim on account of or arising from this Agreement or use of RubeNS, even if PHE has been or is hereafter advised of the possibility of such damages. Because some countries or states do not allow certain exclusions or limitations on implied warranties or of liability for consequential or incidental damages, the above exclusions may not apply to LICENSEE. In no event, however, will PHE be liable to LICENSEE, under any theory of recovery, in an amount in excess of the license fee paid by LICENSEE under this Agreement.
- LICENSEE agrees that PHE has no obligation to provide to LICENSEE any maintenance, support, or update services. Should PHE provide access to and use of any revised versions of RubeNS, LICENSEE agrees that this license agreement shall apply to such revised versions.
- LICENSEE agrees that it will not provide access to or use RubeNS for or on behalf of INSTITUTION without first obtaining a clear agreement from INSTITUTION that it accepts all of the terms and conditions of this Agreement, including but not limited to the disclaimers of warranty and limitations of liability in this Article IV of the Agreement.
If LICENSEE at any time fails to abide by the terms of this Agreement, PHE shall have the right to immediately terminate the license granted herein, terminate access to RubeNS, and pursue any other legal or equitable remedies available.
- This Agreement shall be construed in accordance with the laws of the United Kingdom. Should LICENSEE for any reason bring a claim, demand, or other action against PHE, its agents or employees, arising out of this Agreement or RubeNS licensed herein, LICENSEE agrees to bring said claim only in the United Kingdom Court of Claims.
- THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN PHE AND LICENSEE AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS AND OTHER COMMUNICATIONS, VERBAL OR WRITTEN, BETWEEN THEM WITH RESPECT TO ACCESS AND USE OF RubeNS. THIS AGREEMENT MAY BE MODIFIED ONLY WITH THE MUTUAL WRITTEN APPROVAL OF AUTHORIZED REPRESENTATIVES OF THE PARTIES.
- The terms and conditions of this Agreement shall prevail not withstanding any different, conflicting, or additional terms or conditions that may appear in any purchase order or other document submitted by LICENSEE. LICENSEE agrees that such additional or inconsistent terms are deemed rejected by PHE.
- Unless otherwise exempt there from, LICENSEE agrees that it will be responsible for any sales, use or excise taxes imposed by any governmental unit in this transaction except income taxes.
- LICENSEE acknowledges that RubeNS is of United Kingdom origin. Licensee agrees to comply with all applicable international and national laws that apply to RubeNS, including the United Kingdom Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the United Kingdom.
This website was developed and maintained by the Virus Reference Department, Colindale, Public Health England
For suggestions and feedback on RubeNS contact David Williams (firstname.lastname@example.org)