GPRO End-User License Agreement

February 2011, GPRO (Gypsy Database Professional) Version 1.0


This End-User License Agreement (EULA) is a legal agreement between you (the licensee) and Biotech Vana S.L ("Biotechvana"), the licensor of the software program GPRO (hereafter also referred to as the "Software" or the �Program. Please, read this EULA carefully as by downloading, installing and/or running the Software, you are consenting to be bound by and are a party to this EULA.


This agreement constitutes the entire agreement between you and Biotechvana in regards to the rights herein and supersedes any prior agreement concerning the Product GPRO and its associated online services. This agreement may only be modified by being superseded by a future update of the EULA from Biotech Vana SL.



1. DEFINITIONS

"You" or �Licensee� refers to you, either an individual or entity that installs, downloads, purchases or uses the Software and has purchased the right to use the Product and agreed to all terms of this Agreement.


"Documentation" refers to any user guide, articles and other electronic or printed material accompanying the Product


"Product" refers to the software you license under this Agreement.


The term �Update� refers to a newer minor version (an increase in any digits after the first period of the version number) whereas �Upgrade� refers to a newer major version (identified by an increase in the digits before the first period of the version number).



2. INTELLECTUAL PROPERTY

GPRO is intellectual property of Biotech Vana, S.L. (Biotechvana) and it is protected under copyright and intellectual property laws (including international copyright treaties, as well as other intellectual property treaties).



3. SCOPE OF LICENSE

The software is licensed, not sold. This agreement only gives the user (�either an individual or a single entity) the right to use the software as expressly permitted in this agreement.



4. LICENSE TERMS

Licensing of GPRO is subject to a private source agreement you should accept during the installation of the tool in your PC. In consideration of payment, Biotechvana grants you a limited, non-exclusive, license to Use of Product as defined in this Agreement, until this Agreement is terminated.


You may install and use the Product on up to three computers per License, provided that no one else uses your license and you do not use your license on more than one computer simultaneously.


THIS AGREEMENT ALLOWS YOU UNRESTRICTED USE OF THE TOOL FOR ACADEMIC AND INDUSTRIAL RESEARCH AND SERVICES (ONLINE OR TO THIRD PARTIES) BUT DOES NOT PERMIT YOU IN ANY MANNER TO SELL, RENT, RE-DISTRIBUTE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE TRANSLATE OR ANALYZE ANY SOURCE CODE OF THE SOFTWARE, UNDERLYING IDEAS, ALGORITHMS OR PROGRAMMING BY ANY MEANS WHATSOEVER WITHOUT EXPLICIT AUTHORIZATION OF BIOTECHVANA.


You acknowledge and agree that all right, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with Biotechvana; this Agreement does not convey to You an interest in or to the Software, but only a limited right of use which is revocable in accordance with the terms of this Agreement; no license, right or interest in any of Biotechvana�s trademark, trade name, service mark, or other designation is granted hereunder; nothing contained herein shall be construed as conferring, by implication or otherwise, any license or right under any patent, whether or not the exercise of any right granted herein necessarily employs an invention of any existing or later issued patent.


The terms also apply to any updates, upgrades, supplements and support services for this Software, unless other terms accompany those items. If so, those terms apply. This Software is for use on a computer system that strictly complies with specifications set forth in the Documentation.


By accepting these conditions during the installation process, opening the package containing the software products, or otherwise using the software products, you agree to be bound by the terms of this agreement.


BIOTECHVANA AGREES THAT YOU SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS EXPRESSLY GRANTED TO YOU PURSUANT TO THIS AGREEMENT; YOU AGREE TO KEEP CONFIDENTIAL, NOT USE (EXCEPT AS EXPRESSLY PROVIDED HEREIN) AND NOT DISCLOSE ANY SOFTWARE PRODUCT OR RELATED TECHNOLOGY, IDEA, ALGORITHM OR INFORMATION, AND TO PREVENT AND PROTECT THE SOFTWARE PRODUCT FROM UNAUTHORIZED DISCLOSURE OR USE; EXCEPT AS EXPRESSLY STATED ABOVE, THIS AGREEMENT DOES NOT GRANT YOU ANY INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE; YOU ACKNOWLEDGE AND AGREE THAT ANY FEEDBACK, SUGGESTIONS, COMMENTS, IMPROVEMENTS, MODIFICATIONS AND OTHER INFORMATION THAT YOU PROVIDE TO BIOTECHVANA RELATING TO THE SOFTWARE PRODUCT OR THEIR PERFORMANCE MAY BE USED, DISCLOSED, DISSEMINATED AND/OR PUBLISHED BY BIOTECHVANA FOR ANY PURPOSE, INCLUDING INCORPORATING SUCH INFORMATION IN IMPROVEMENTS TO THE SOFTWARE, WITHOUT OBLIGATION OF ANY KIND TO YOU, AND THAT YOU WAIVE ANY RIGHTS WHATSOEVER IN OR TO SUCH INFORMATION.


YOU WILL NOT MODIFY, INCORPORATE INTO OR WITH OTHER SOFTWARE, OR CREATE DERIVATIVE COPIES OF THE SOFTWARE COVERED BY THIS LICENSE. YOU MAY NOT USE THE SOFTWARE EXCEPT AS SET FORTH IN LICENSE TERMS. ANY COPIES THAT YOU ARE PERMITTED TO MAKE PURSUANT TO THIS AGREEMENT MUST CONTAIN THE SAME COPYRIGHT AND OTHER PROPRIETARY NOTICES THAT APPEAR ON OR IN THE SOFTWARE PRODUCTS; YOU WILL NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE TRANSLATE OR ANALYZE THE SOFTWARE, ANY SOURCE CODE, UNDERLYING IDEAS, ALGORITHMS OR PROGRAMMING BY ANY MEANS WHATSOEVER; YOU AGREE NOT TO REMOVE ANY PRODUCT IDENTIFICATION, COPYRIGHT OR OTHER NOTICES ON THE SOFTWARE PRODUCTS.


GPRO is coupled to a pipeline installed on the high-end remote cluster of the Gypsy Database (GyDB) of mobile genetic elements. This pipeline includes computing servers and other compiled software to run mapping (and other) analyses of annotation, assembling etc, at your request using your own data files and other data material. The standard licensing of GPRO includes 12 months of free accession to the pipeline. After to this period, the use of the pipeline requires is quoted by payment of an annual subscription oriented to cover the expenses of the pipeline and server maintenance (computing time in private sessions, updates, and 50 Gb for storing data in your user´s account in hard drive)



5. LICENSE EXPIRATION

GPRO is not self-limited: If the subscription to the pipeline is not renewed, users can normally use GPRO. In other words, what follows to the pipeline license expiration is the inactivation of the pipeline services associated to the tool. This means that you can keep running the commands and functions of GPRO (and of course maintain and display your data) with the exception of those that GPRO runs via pipeline. To re-activate these services you must to renew the license again.


The pipeline service must be employed only by subscribed users using the GPRO interface. Any alternative attempt to use a robot, script, or other methods to repeatedly access the GyDB pipeline could place an unacceptable load on the system, and is strictly forbidden. If our monitoring systems detect an attempt to access the service in a forbidden way, to execute systematic patterns of queries, to index the website, or to do anything else that we feel jeopardizes the integrity of our system or access to it by other users, we may terminate or suspend access to the pipeline service for specific users or IP address ranges.


Biotechvana reserves its right to cancel any GPRO license at any time, without previous notice, and without any kind of compensation if its user breaks or infringes any term of licensing or agreement contemplated in this EULA.



6. TERMINATION REMEDY

You may also terminate this Agreement at any time by destroying all copies of the Software products and erasing all copies of the Software products. Biotechvana may also terminate this Agreement immediately upon breach by you of any term hereof. Upon termination, you shall immediately cease all use of the Software products and return or destroy all copies of the Software products and all portions thereof and so certify the same to Biotechvana.



7. BACKUP COPY

You may make as many backup copies of the media as you see fit. You may use them only to reinstall the Software.



8. UPGRADE

To upgrade the Software, you must first acquire a license for the Software that is eligible for the upgrade. You may keep earlier versions of the Software, although Biotechvana may discontinue services associated to prior versions such as, but not limited to, technical support, updates (including bugfixes or feature patches) or related documentation, with or without notice.



9. WARRANTIES

For a period of 24 months from date of delivery, Biotechvana warrants that the Software shall be free from defects in material and workmanship and that the Software will substantially conform to the applicable Biotechvana specifications. If a defect occurs during the warranty period, Biotechvana shall provide online technical support for this software, totally free of charge. The foregoing warranty shall not apply to defects resulting from improper or inadequate maintenance by you, or software supplied by you, or interfacing, or unauthorized modifications, or misuse, or operation outside of the environmental specifications of the Software, or improper site preparation or maintenance.



10. DISCLAIMER AND LIABILITY

BIOTECHVANA MAKES NO WARRANTY THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS.


ANY MATERIAL OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIOTECHVANA OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.


THE SOFTWARE WORKS OVER THIRD PARTIES DATABASES AND RESOURCES TO PERFORMANCE ANALYSIS. YOU ACKNOWLEDGE AND AGREE THAT BIOTECHVANA IS NOT RESPONSIBLE FOR THE AVAILABILITY OR/AND PRECISE AND CONCRETE OUTPUT OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BIOTECHVANA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.


SOFTWARE WARRANTY EXTENDS ONLY AS FOR THE NORMAL FUNCTION OF THE TOOL DURING THE PERIOD OF SUBSCRIPTION. SHOULD THE PROGRAM PROVE DEFECTIVE, WE PROVIDE YOU OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. BIOTECHVANA DOES NOT GIVE HOWEVER ANY KIND OF WARRANTY NOR ASSUME ANY KIND OF LIABILITY OR RESPONSIBILITY, OF THE USE AND RESULTS OBTAINED USING THIS TOOL, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BIOTECHVANA BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS, EVEN IF BIOTECHVANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


IN THE EVENT THAT THERE IS A RISK OF LIABILITY BASED ON THE CLAIM THAT ANY TOOL INSTALLED IN THE PIPELINE INFRINGES ANY COPYRIGHT, PATENT, OR ANY OTHER INTELLECTUAL PROPERTY RIGHT, YOU MUST PROMPTLY CONTACT BIOTECHVANA, WHICH MAY ELECT TO DO ONE OR MORE OF THE FOLLOWING: (1) TO EXCHANGE THE ALLEGEDLY INFRINGING PRODUCT WITH NON-INFRINGING COMPONENTS OF EQUIVALENT FUNCTIONALITY, AT NO CHARGE TO YOU; AND (2) ACQUIRE THE RIGHT FOR YOU TO CONTINUE TO USE THE PRODUCT.


EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER LICENSEE NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


THE SERVICE IS PROVIDED ON AN �AS IS� AND �AS AVAILABLE� BASIS. BIOTECHVANA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXCEPT WARRANTIES DESCRIBED IN SECTION 6 ABOVE), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT



11. COPYRIGHT

Certain items of this software such as design, trademark and logos are copyright of Biotechvana. This material cannot be copied, modified, published, broadcast or otherwise distributed without the prior written permission of Biotechvana.



12. THIRD PARTIES COPYRIGHT

In using GPRO you may use sequence material, databases, biological vocabularies, and software tools compiled in GPRO or provided/published by third parties (other authors). Please remember to cite not only GPRO but also these resources following their copyright terms and citing references if you are going to publish your results.



13. DOCUMENTATION

Printed and/or electronic documentation accompanying the product are licensed under the terms of the CREATIVE COMMONS ATTRIBUTION LICENSE. This means that the copyright holders are allowed to grant some or all of their rights to the public while retaining others through a variety of licensing and contract schemes including dedication to the public domain or open content licensing terms. In short, you are free to share, copy, distribute, adapt and transmit the documentation (and only the documentation) if you attribute the documentation in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).



14. SEVERABILITY

In event that any provision of this Agreement is held to be unenforceable or invalid under any applicable law or so held by a court of competent jurisdiction, such unenforceability or invalidity shall not render this Agreement unenforceable, or invalid as a whole, and in such event, any such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law or applicable court decisions.



15. MISCELLANEOUS

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND LIMITATIONS IN THIS AGREEMENT ARE AMONG THE MATERIAL BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY YOU IN CONNECTION WITH THE PRODUCT AND IN YOUR DECISION TO ENTER INTO THIS AGREEMENT. This Agreement represents the entire agreement concerning the product between you and Biotechvana, and it supersedes any prior proposal, representation, or understanding between you and Biotechvana. Any waivers or amendments shall be effective only if made in writing, clearly understood by you and Biotechvana to be an amendment or waiver and signed by representatives authorized to bind you and Biotechvana respectively