The PHEONA on-line phage genome annotation tool (the “Tool”) is offered by the Howard Hughes Medical Institute (“HHMI” or “we” or “us” or “our(s)”). The Tool makes available to end users resources to annotate sequenced phage genomes, including, without limitation, by reference and comparison to other phage genomes (all such data and information made available on or through the Tool collectively referred to herein as the “Data”). Please read these PHEONA Terms of Use (“PHEONA Terms of Use”) carefully. In order to access the Tool, you must (i) be provided with login information and/or permission by HHMI or a scientific research or educational partner designated by HHMI, and (ii) register for an account to use the Tool. By accessing or using the Tool or any Data, you agree to these PHEONA Terms of Use. If you do not agree to these PHEONA Terms of Use, your only recourse is to discontinue accessing and using the Tool and Data.
Use of the Tool. You may access and use the Tool and Data solely for scientific research and educational purposes (i) consistent with any and all applicable laws, rules, and regulations and these PHEONA Terms of Use, and (ii) subject to the CC BY-NC 4.0 license. However, some submitters may claim patent, copyright, or other intellectual property rights in all or a portion of the Data they have submitted. HHMI is not in a position to assess the validity of such claims, and therefore cannot provide comment or unrestricted permission concerning the use, copying, or distribution of the Data contained in the Tool (subject at all times to the terms in this PHEONA Terms of Use).
User-Submitted Data and Information. The Tool permits users to submit, enter, annotate, display, publish, post and/or upload (collectively, hereinafter, “submit”), to and within the Tool, new data and information with respect to bacteriophages (any data or information so submitted, “User-Submitted Information”), which User-Submitted Information will, after submission, be hosted by and included within the Tool and will be usable by any other user of the Tool. You understand that if you submit User-Submitted Information to the Tool, it will thereafter be treated as (and available to other users of the Tool as) “Data” as defined herein. You are solely responsible for the User-Submitted Information that you submit to the Tool. You agree that any User-Submitted Information that you submit does not create an obligation for HHMI to provide you any payment or other remuneration. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the User-Submitted Information that you submit, you hereby transfer, grant, convey, assign and relinquish exclusively to HHMI all of your right, title and interest in and to the User-Submitted Information, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to HHMI a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right and license to copy, reproduce, enter into computer memory, fix, adapt, practice, modify, prepare derivative works of, improve, distribute, publish, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, translate, reformat, remove, retain, add, process, analyze, sell, license, sublicense, transfer, rent, lease, manufacture, introduce into circulation, incorporate into other works in any form, and use for scientific research or educational purposes, in any way now known or in the future discovered, any information or User-Submitted Information that you provide, directly or indirectly, to HHMI (including, without limitation, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trademark and other intellectual property rights thereto), without any further consent, notice and/or compensation to you or to any third parties. Any User-Submitted Information that you submit is at your own risk of loss, and to the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User-Submitted Information. By providing User-Submitted Information to us, you represent and warrant that you are entitled to submit the User-Submitted Information and that the User-Submitted Information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
No HHMI Warranties; Disclaimer and Indemnification. HHMI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPREHENSIVENESS, ERROR-FREE AND/OR VIRUS-FREE OPERATION, OR CONTINUED AVAILABILITY OF THE TOOL OR ANY DATA. THE TOOL AND DATA ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HHMI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE TOOL AND DATA, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER HHMI NOR ANY PERSON ASSOCIATED WITH HHMI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE TOOL OR DATA. WITHOUT LIMITING THE FOREGOING, NEITHER HHMI NOR ANYONE ASSOCIATED WITH HHMI REPRESENTS OR WARRANTS THAT THE TOOL OR DATA WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE TOOL OR DATA WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO ALL OR A PORTION OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HHMI, OR ANY OF ITS EMPLOYEES, AGENTS, OFFICERS, OR TRUSTEES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE TOOL OR DATA, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless us and our trustees, officers, employees, and agents from and against all claims, losses, expenses, damages, and costs, including without limitation attorneys’ fees, resulting from your use of the Tool or Data, or any violation by you of these PHEONA Terms of Use. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us.
Termination. HHMI reserves the right to suspend or terminate your use of the Tool and/or Data or terminate or cancel the PHEONA Terms of Use, any of which suspension, termination or cancellation may be in whole or in-part, at any time with or without prior notice. You agree that HHMI shall not be liable to you or any third party for termination of your access to the Tool or Data. We also reserve the right to withdraw or amend the Tool or Data without notice. We will not be liable if for any reason all or any part of the Tool or Data is unavailable at any time or for any period.
Trademarks, Copyright & Proprietary Information. The Tool contains trademarks and copyrighted material owned by HHMI and/or providers of Data; you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute such materials without written permission from the applicable owner. For purposes of clarification, this prohibition does not prohibit use of the Tool or Data under the terms of the CC BY-NC 4.0 license.
Modifications. HHMI may modify these PHEONA Terms of Use from time to time. Any modifications to the PHEONA Terms of Use shall become effective upon notice to you and immediately thereafter when posted. By making use of the Tool after such modification, you are agreeing to the modified PHEONA Terms of Use then in effect. The effective date at the beginning of these PHEONA Terms of Use indicates the last date these terms were modified, please check these terms regularly.
Miscellaneous. In addition to these PHEONA Terms of Use, the HHMI Terms of Use and the HHMI Privacy Policy (as linked herein) apply to and govern your use of the Tool, provided that in the event of a conflict between these PHEONA Terms of Use, on the one hand, and either the HHMI Terms of Use or the HHMI Privacy Policy, on the other hand, then these PHEONA Terms of Use shall prevail. Subject to the previous sentence, these PHEONA Terms of Use, the HHMI Terms of Use, and the HHMI Privacy Policy constitute the entire agreement between you and HHMI with respect to the Tool and your use of the Data. Any failure of ours to assert a right or provision shall not constitute a waiver of such right or provision. If any provision of these PHEONA Terms of Use is held to be invalid, illegal, or unenforceable, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the PHEONA Terms of Use will continue in full force and effect. Except as otherwise expressly provided herein, all remedies provided for in these PHEONA Terms of Use shall be cumulative and in addition to and not in lieu of any other remedies available at law or in equity. All matters relating to the Tool or Data or these PHEONA Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule. The Tool and Data are controlled by us from the United States. If you choose to access the Tool or Data from locations outside the United States, you do so at your own risk and you are responsible for compliance with any local laws.