DART (Data Analysis and Report Tool)
TERMS AND CONDITIONS
This agreement applies as between you, the User of the Application and Millipore Corporation, the owner(s) of this Application. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Application. If you do not agree to be bound by these Terms and Conditions, you should stop using the Application immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
1.1. "Content" means any text, graphics, logos, icons, images, audio, video, software, data compilations, page layout, application code and any other form of information capable of being stored in a computer that appears on or forms part of this Application.
1.2. "Millipore Corporation" means Millipore Corporation, 290 Concord Road, Billerica, MA 01821 USA.
1.3. "Service" means collectively any online facilities, tools, services or information that Millipore Corporation makes available through the Application either now or in the future.
1.4. "System" means any online communications infrastructure that Millipore Corporation makes available through the Application either now or in the future.
1.5. "User" / "Users" means any third party that accesses the Application and is not employed by Millipore Corporation and acting in the course of their employment.
1.6. "Application" Means the application "DART" developed by Millipore Corporation and its associated web site.
2. Intellectual Property
2.1. Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Application, unless uploaded by User, is the property of Millipore Corporation, or our affiliates. By continuing to use the Application User acknowledges that such material is protected by applicable United States and International intellectual property and other laws.
2.2. User may copy, print, reproduce, distribute, store or in any other fashion re-use Content from the Application, unless uploaded by User, for the sole purpose of illustration in a technical or scientific paper or presentation. User is expressly forbidden from using the Content for any other purpose without separate written permission of Millipore Corporation. It is expressly understood that the Content is owned solely by Millipore Corporation and the use of the Content must contain proper attribution to Millipore Corporation through the use of the Millipore logo and/or a statement that it is provided courtesy of Millipore Corporation. Specifically, User agrees that:
2.2.1. User will not systematically copy Content from the Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Millipore Corporation.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Application.
4. Use of Target Maps
The Target Maps are the property of Millipore Corporation. User agrees that:
4.1.1. No right, title or interest in the Maps is transferred by display or use of the Maps.
4.1.2. The Maps may only be used for purposes of visualizing and analyzing data.
4.1.3. The Maps may only be copied, printed, downloaded for the sole purpose of illustration in a technical or scientific paper or presentation. User is expressly forbidden from using the Maps for any other purpose without separate written permission of Millipore Corporation. It is expressly understood that the Maps are owned solely by Millipore Corporation and the use of the Maps must contain proper attribution to Millipore Corporation through the use of the Millipore logo and/or a statement that it is provided courtesy of Millipore Corporation.
4.1.4. The Maps may not be modified or disassembled, and no derivatives of the Maps may be created.
5. Links to Other Web Sites
This Application may contain links to other sites. Unless expressly stated, these sites are not under the control of Millipore Corporation or that of our affiliates. Millipore Corporation assumes no responsibility for the content of such web sites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site from this Application does not imply any endorsement of the sites themselves or of those in control of them. To view the Millipore Corporation Legal/Trademark Notices, visit http://www.millipore.com/legal.
6. Termination and Suspension
In the event that any of the provisions of these Terms and Conditions are not followed, Millipore Corporation reserves the right to suspend or terminate User access to the Applications and/or Service. Any User banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
7. Security and Privacy
Use of the Application is also governed by our Security and Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Security and Privacy Policy, visit https://www.millipore.com/security.
8. Representations, Warranties and Disclaimers
This Application is provided without any warranty, expressed or implied.
8.1. Millipore Corporation makes no warranty or representation that the Application will meet User requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, and that all information provided will be accurate. Millipore Corporation makes no guarantee of any specific results from the use of the Application or our Services. While every reasonable effort has been made to ensure the security of the application, data and content in accordance with Millipore’s Security and Privacy Policy (as referenced in Clause 7 of these Terms and Conditions), Millipore makes no warranty or representation that the Application will be secure.
8.2. No part of this Application is intended to constitute advice and the Content of this Application should not be relied upon when making any decisions or taking any action of any kind.
8.3. While every effort has been made to ensure that all descriptions of services and products available from Millipore Corporation correspond to the actual services and products available, Millipore Corporation is not responsible for any variations from these descriptions.
8.4. Availability of the Application:
8.4.1. The Service is provided "as is" and on an "as available" basis. Millipore Corporation gives no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law Millipore Corporation provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
8.4.2. Millipore Corporation accepts no liability for any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
9. Limitation of Liability
9.1. To the maximum extent permitted by law, Millipore Corporation accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Application or any information contained therein. Users should be aware that they use the Application and its Content at their own risk.
10. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
11. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
12. Notices
All notices / communications shall be given to Millipore Corporation either by mail to our premises (see address above) or by email to DrugDiscovery@millipore.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
13. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws (other than those relating to conflict of laws questions) of the Commonwealth of Massachusetts.
14. Arbitration
Any and all disputes or controversies arising under, out of or in connection with these Terms and Conditions or use, performance or availability of the Application shall be resolved by final and binding arbitration in Boston, Massachusetts under the rules of the American Arbitration Association then obtaining. The arbitrators shall have no power to add to, subtract from or modify any of the Terms or Conditions. Any award rendered in such arbitration may be enforced by either party in either the courts of the Commonwealth of Massachusetts or in the United States District Court for the District of Massachusetts in Boston, Massachusetts, to whose jurisdiction for such purposes Millipore and User each hereby irrevocably consents and submits.
