PerkinElmer Informatics, Inc. (“PerkinElmer”) is making this COVID-19 Analytics Resource Center available to you subject to the following terms and conditions. If you do not agree to the following terms and conditions, you are not authorized, and please do not proceed, to use this Resource (as defined below).
You are hereby granted a non-exclusive, non-transferable, revocable and limited license to access and use the COVID-19 Analytics Resource Center, including the software (the “Resource”) and Content and C19 IPG Library (as respectively defined below). You may use this Resource and the Content for your own internal business operations relating to COVID-19 research only and for non-production use. The Resource and Content may not be used for resale purposes, for other direct commercial gain, or for general production use.
You agree that: (i) the Resource may have limited functionality and reduced or altered features; (ii) PerkinElmer is making the Resource available in its discretion and may cease to offer access to or remove existing features or functionality of the Resource at any time; (iii) the proper functionality of the Resource may be interrupted for evaluation, review, and maintenance purposes; and (iv) PerkinElmer has no obligation to, but may provide, technical support for the Resource in its sole discretion.
You agree that you will not, in whole or in part: (i) copy, modify, or create derivative works of the Resource; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Resource; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Resource; (iv) remove any proprietary notices from the Resource; (v) use the Resource in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (vi) bypass or breach any security device or protection used for or contained in the Resource; or (vii) use the Resource for purposes of: (i) benchmarking or competitive analysis of the Resource software; (ii) developing, using, or providing a competing Resource or software product or service; or (iii) any other purpose that is to PerkinElmer's detriment or commercial disadvantage.
CAS, a division of the American Chemical Society (“CAS”), has provided the “CAS COVID-19 Antiviral Candidate Compounds Dataset” (“Content”) for use in the Resource. Your use of the Content, including the right to download the Content, is subject to the terms and conditions located at: www.cas.org/sites/default/files/documents/CAS-COVID19-Dataset-terms0420.pdf.
Accencio LLC (“Accencio”) has provided the “COVID-19 IP-GeoScape® Library” (“C19 IPG Library”) for use in the Resource. Your use of the C19 IPG Library is subject to the terms and conditions located at: accencio.com/legal/c19-terms.
You acknowledge that, as between you and PerkinElmer or CAS or Accencio (as applicable), PerkinElmer and/or CAS and/or Accencio owns or licenses all right, title, and interest, including all intellectual property rights, in and to the Resource and/or Content and/or C19 IPG Library.
THE RESOURCE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND NEITHER PERKINELMER, CAS, ACCENCIO, NOR ANY OTHER THIRD PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE RESOURCE OR THE CONTENT. PERKINELMER AND CAS EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY THAT THE RESOURCE OR CONTENT, OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PERKINELMER OR CAS OR ACCENCIO BE LIABLE FOR (i) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES OR (ii) DIRECT DAMAGES GREATER THAN ONE US DOLLAR ($1.00).