(in the following referred to as the "Agreement")
Introduction
Please note that TumorTracer (in short "TT"), is a free tool designed to suggest the likely tissue-of-origin of a human tumor specimen. However, TT is also a research tool meant to reveal the level of interest in, the usage patterns, and the accuracy of such tools. In return for the free use of the tool, the users of TT provide highly valuable data that can be used to improve this and other tools.
In agreeing to the terms and conditions of TT, you (the "User") agree to the following:
- Any data provided by the User when using TT can be used by the Cancer Systems Biology research group ("CSBRG") in its research efforts. Please see the below note on data security and confidentiality.
- The CSBRG can use any mail addresses that you the User choose to provide for contacting TT users for purposes related to TT.
- TT is used at your own risk and the CSBRG cannot be held responsible for accuracy of results or for any data or valuable information leaked to the public.
- The suitability of TT for clinical diagnosis or decision making has not been evaluated, and reliance on TT for such purposes is strongly discouraged.
- The CSBRG is not responsible for any loss of data that might occur.
License
CSBRG hereby grants to you as the User a non-exclusive and non-assignable license to use TT for non-commercial research purposes only. This Agreement enters into force on the date of User's acceptance of this Agreement ("Effective Date").
Users interested in a license for commercial use of TT, or incorporation of TT into a commercial or non-commercial product, should contact Associate Professor Aron Eklund (eklund@cbs.dtu.dk).
User's access to and use of TT is subject exclusively to this Agreement. User will not use TT for any purpose that is unlawful or prohibited by this Agreement. By using TT you are fully accepting the terms, conditions and disclaimers contained in this Agreement. If you do not accept this Agreement you must immediately stop using TT.
User and CSBRG shall hereinafter individually be referred to as a "Party" and jointly as the "Parties".
Copyright and ownership rights
TT is protected by the Danish Copyright Act and international treaties and conventions on the protection of copyright, a patent pending and other relevant legislation on intellectual property rights and copyright.
CSBRG holds all copyright and any other rights, including intellectual property rights and ownership rights, to TT and the TT website. All rights to TT not explicitly mentioned or granted in this Agreement are reserved by CSBRG.
User may not download, copy, reproduce, transmit, store, sell or distribute TT, except as explicitly provided by this Agreement, without the prior written consent of CSBRG.
User may not assign, distribute, sub-license, or in any other way transfer or assign TT or any of the rights or obligations granted by CSBRG to User under this Agreement, to a third party without the prior written approval of CSBRG.
User shall not be entitled to reverse engineer, reverse assemble or decompile or in any other way create derivative works or modified versions of the TT or knowingly permit any third party to do so, unless expressly permitted by law.
Data security and Data Privacy Policy
DLRG reserves the right to use and disseminate data in the following forms:
- Meta data, based on the analysis of the original data provided in TT
- Data processed to remove any personally identifying information
Personal data
Any personal data provided by the User in TT shall be processed pursuant to Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
Such data shall be processed by the CSBRG solely for the purposes and in the manner described in this Agreement.
The User shall have the right to access its personal data and the right to rectify any such data. The User should address any queries concerning the processing of its personal data to the CSBRG:
Aron Eklund and the DTU Department of Systems Biology, Center for Biological Sequence Analysis, Kemitorvet Building 208, 2800 Kgs. Lyngby, Denmark.
To the extent that personal data provided in the TT will be processed by a third-party contractor, the third-party contractor may act only under the supervision of the CSBRG, in particular with regard to the purposes of the processing, the categories of data which may be processed, the recipients of the data and the means by which the data subject may exercise his rights.
The CSBRG shall grant its personnel access to the data to the extent strictly necessary for the research purposes mentioned in this Agreement.
The CSBRG undertakes to adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to:
1) prevent any unauthorised person from gaining access to computer systems processing personal data, and especially:
a) unauthorised reading, copying, alteration or removal of storage media;
b) unauthorised data input, as well as any unauthorised disclosure, alteration or erasure of stored personal data;
c) unauthorised use of data-processing systems by means of data transmission facilities;
2) ensure that authorised users of a data-processing system can access only the personal data to which their access right refers;
3) record which personal data have been communicated, when and to whom;
4) ensure that personal data being processed on behalf of third parties can be processed only in the manner prescribed by the CSBRG;
5) ensure that, during communication of personal data and transport of storage media, the data cannot be read, copied or erased without authorisation;
6) design its organisational structure in such a way that it meets data protection requirements.
Term and termination
This Agreement shall remain in force until terminated by written notification from either Party with 1 month's prior written notice to the other Party.
If User is in breach of any of its obligations under this Agreement then CSBRG has the right to terminate this Agreement with immediate effect by written notice to User.
In case of expiry or termination of the Agreement, regardless of the reason for termination, User undertakes immediately to cease any further use of the TT.
After termination of this Agreement, the User may request the CSBRG to refrain from further use of any personal data provided by the User. The CSBRG may, however, in any circumstance continue to use any depersonalised or anonymised data based on data provided by the User in the TT, for research purposes.
Limitation of Liability
The TT is provided "as is" and in the present version at the Effective Date and any express or implied warranties, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose are disclaimed. The TT is delivered without warranties or guarantee of any kind.
CSBRG makes no warranty that the functionality of TT or the TT website will be uninterrupted or error free, that defects will be corrected or that the TT website or the servers that make it available are free from anything which may be harmful.
To the maximum extent permitted by law, CSBRG cannot be held liable for any loss or damage whatsoever caused by TT or which may arise in connection with User's use of TT, including but not limited to liability for any indirect, special or consequential loss or damage, howsoever arising (including without limitation, but not limited to, loss of anticipated profits, loss of data or loss of health/life for any cause including misdiagnosing) or TT's potential infringement of any third party intellectual property rights.
User shall indemnify and hold harmless CSBRG from and against any and all liabilities, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with any claims or actions brought against CSBRG or the Technical University of Denmark arising out of User's acts or omissions arising from or relating to this Agreement.
Governing Law and Venue
This Agreement shall be enforced, interpreted and construed in accordance with Danish law except for its provisions on choice of law if such rules where applied would cause the law of another country to be applied. Venue for any dispute arising from or relating to this Agreement shall be the Court of Lyngby as the court of first instance.
If you have any questions regarding the above terms and conditions, please contact Associate Professor Aron Eklund (eklund@cbs.dtu.dk).