Disclaimer and Applicable Provisions for Access to and Use of Phenyx On the Phenyx Public Server
Important
Access to and use of Phenyx by an End-User on the Phenyx Public Server are subject to the disclaimer and the provisions below (referred to hereinafter as "the Disclaimer"). Please read the Disclaimer carefully before accessing and using Phenyx. You will always be able to find the Disclaimer on the login page of the Phenyx Public Server.
Intellectual Property
All intellectual property rights on Phenyx, and on documentation if any, belong to GeneBio. Access to and use of Phenyx will not result in any transfer to the End-User of any intellectual property rights on Phenyx, except as expressly set forth herein.
GeneBio gives no warranty in the event a third party claims intellectual property rights on Phenyx and shall not be liable for any damage, whether direct or indirect, of End-User resulting from any such third party claim. GeneBio shall not be liable for any other damages resulting from any such third party claim, such as special, incidental, consequential or punitive damages.
Exclusion of Liability
Phenyx is provided "as is."
GeneBio does not warrant that it will meet End-User's requirements, be error free or secure or operate uninterrupted. GeneBio does not warrant that updates or modifications will be released by a given date.
GeneBio shall not be liable for any damage, whether direct or indirect, including loss of business or profit or loss of data, resulting from access to or use of Phenyx.
User Limitations on the Phenyx Public Server
In order to manage the increase in the number of registrations and submissions on the public server, GeneBio applies to the users of the Phenyx Public Server some limitations on the number of MS/MS spectra submitted to Phenyx Public Server. The limitations are sketched as follows for each user:
- The first 20 submissions will be completely open and unlimited in terms of size.
- After the first 20 submissions, the number of MS/MS spectra in each submission is limited to 500 spectra on average, depending on the traffic load on the Phenyx Public Server.
- The results files will be automatically deleted after a period of 30 days.
Use by GeneBio of End-User Data
Data and results will be produced by Phenyx when used by the End-User. Such data and results generated on the Phenyx Public Server will automatically be stored on those servers. GeneBio shall have the right to store such data and results. GeneBio shall also have the right to use internally such data and results solely in order to enhance Phenyx's performance. GeneBio shall not communicate to any third party any such data or results.
Applicable Law and Jurisdiction
This Disclaimer shall be governed by and construed in accordance with Swiss law excluding conflict of law provisions. The United Nations convention on Contracts for the International Sale of Goods shall not apply.
Any disputes arising with respect to or in connection with this Disclaimer shall be submitted to the exclusive jurisdiction of the Courts of the Canton of GENEVA, SWITZERLAND.
