TERMS AND CONDITIONS OF BIOCYC DATABASES LIMITED
PLEASE READ THESE
CONDITIONS OF USE CAREFULLY BEFORE USING THIS VERSION OF THE SRI
DATABASES (HEREINAFTER REFERRED TO AS THE "BIOCYC DATABASES").
By clicking on the "I
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Terms and Conditions of Use. If you do not agree to these Terms and
of Use, please click on the "I Do Not Agree" button and do not
download or use the databases. SRI reserves the right, at its
change, modify, add, or remove portions of this license at any time.
"BIOCYC DATABASES" means any or all of the pathway/genome databases that are posted on the SRI Website at the URL http://biocyc.org/biocyc-pgdb-list.shtml.
The above BIOCYC DATABASES are owned by SRI and its Licensors. Subject to these Terms and Conditions of Use, you may use, modify and redistribute the BIOCYC DATABASES on a royalty-free basis, worldwide, and for any purpose; provided that:
- If you modify any BIOCYC DATABASES, each modified copy must clearly and prominently:
- Identify the BIOCYC DATABASES from which it was derived;
- Include all applicable copyright notices and author lists from the BIOCYC DATABASES from which it was derived; and
- Identify or summarize all modifications that were made.
If you distribute any BIOCYC DATABASES, whether in their original form, in a modified form, or embedded in a product you create, you must:
- Notify SRI that you are making BIOCYC DATABASES available in this manner;
- Provide a hyperlink from your distribution to the BioCyc website www.biocyc.org;
- Include this statement on the distribution and any marketing collateral: "Includes BioCycTM pathway/genome databases under license from SRI International." Along with a copy of the BioCyc logo.
Any distribution of a BIOCYC DATABASE in original or modified form without complying with the above conditions is a violation of SRI's and its Licensors' copyright and other proprietary rights. All trademarks, service marks and trade names are proprietary to SRI International and its Licensors.
The BIOCYC DATABASES, including any files incorporated in or generated from the BIOCYC DATABASES and data accompanying the BIOCYC DATABASES, are licensed to you by SRI and its Licensors. SRI and its Licensors do not transfer title or any other rights in the BIOCYC DATABASES to you. SRI and its Licensors retain full and complete title to the BIOCYC DATABASES, and all intellectual property rights therein. You may not use the BIOCYC DATABASES except as otherwise specified herein.
The BIOCYC DATABASES
controlled by SRI from its offices within the State of California.
SRI and its Licensors make no representation that the BIOCYC DATABASES
appropriate or available for use in other locations. Those
who choose to access the BIOCYC
DATABASES from other locations do so at their own initiative and are
responsible for compliance with local laws, if and to the extent local
applicable. The BIOCYC DATABASES are
further subject to United States
export controls. The BIOCYC DATABASES
may not be installed, downloaded or otherwise exported or reexported
(i) into (or to a national or resident of) any country as to which the
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
Specialty Designated Nationals or the U.S. Commerce Department's Table
Orders. By installing, downloading or
using the BIOCYC DATABASES, you represent and warrant that you are not
in, under the control of, or a national or resident of any such country
These terms are
commencing upon the date you first use the BIOCYC DATABASES and shall
until terminated as specified below. You
may terminate this license at any time by destroying all BIOCYC
obtained from SRI and any and all related documentation and copies and
installations thereof, whether made under the terms of this license or
otherwise. This license will terminate
immediately without notice from SRI if in SRI's sole discretion you
comply with any term or provision of this license. Upon
termination, you must destroy all BIOCYC
DATABASES obtained from SRI and any and all copies thereof, whether
the terms of this license or otherwise. In
the event of termination for any reason, the provisions set forth under
paragraphs entitled WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE BIOCYC DATABASES
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SRI AND
LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
PARTY TECHNOLOGY, AND FITNESS FOR A PARTICULAR PURPOSE. SRI AND ITS
DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BIOCYC DATABASES
UNINTERRUPTED OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
DATABASES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SRI AND ITS LICENSORS DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
DATABASES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
YOU (AND NOT SRI OR ITS LICENSORS) ASSUME THE ENTIRE COST OF ALL
SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
MAY NOT APPLY TO YOU.
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BY LOCAL LAW, IN NO EVENT WILL SRI OR ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS OR LICENSORS
BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES
(INCLUDING LOST PROFIT, LOST DATA, OR
DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR THE
USE OF THE BIOCYC DATABASES, WHETHER BASED IN WARRANTY, CONTRACT, TORT
LEGAL THEORY, AND WHETHER OR NOT SRI OR
ITS LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR
USE OF THE BIOCYC DATABASES IS ENTIRELY AT YOUR OWN RISK.
SHOULD THE BIOCYC DATABASES PROVE DEFECTIVE,
YOU ASSUME THE ENTIRE COST OF ALL SERVICE, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY SUCH
EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW,
THESE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY TERMS DO NOT
RESTRICT OR MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY
APPLICABLE TO THE LICENSE TO YOU OF THE BIOCYC DATABASES; PROVIDED,
THAT THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED AND SHALL NOT
GOVERN OR APPLY TO THE BIOCYC DATABASES
PROVIDED IN CONNECTION WITH THIS WARRANTY DISCLAIMER AND LIMITATION OF
Notice and Procedure
for Making Claims of Copyright Infringement
Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should
be sent to SRI International, 333 Ravenswood
Ave., Menlo Park, CA
and its Licensors shall have no obligation to release or distribute any
to or new releases of the BIOCYC DATABASES. Any
updates or new releases of the BIOCYC
DATABASES which SRI or its Licensors choose at their own discretion to
distribute shall be subject to the terms hereof.
This license may be
subject to the reservation of certain rights in favor of the United
Government pursuant to Title 35 United States Code Chapter 18 and the
regulations promulgated thereunder.
The terms shall be
and construed in accordance with the laws of the State of California,
without giving effect to any principles of conflicts of law. You agree that any action at law or in equity
arising out of or relating to these terms shall be filed only in the
federal courts located in San Mateo
and you hereby consent and submit to the personal jurisdiction of such
for the purposes of litigating any such action. If any provision of
license shall be unlawful, void, or for any reason unenforceable, then
provision shall be deemed severable from this license and shall not
validity and enforceability of any remaining provisions. This
is the entire agreement between you and
SRI relating to the subject matter herein and shall not be modified
writing by both parties.
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