1. Access to the Data Portal and Permitted Use of Data.
- The Data Portal and Data are intended for use in RESEARCH and/or DEVELOPMENT OF COVID-19 THERAPEUTIC, PROPHYLACTIC OR DIAGNOSTIC MODALITIES. You may make, use or commercialize the Data to those ends.
- THE DATA MAY NOT BE USED TO OBTAIN ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT BLOCKING ANY DEVELOPMENT, MANUFACTURE, USE OR COMMERCIALIZATION OF ANY RESEARCH, THERAPEUTIC, PROPHYLACTIC OR DIAGNOSTIC APPLICATION (INCLUDING COMPLEMENTARY OR COMPANION DIAGNOSTIC TESTS) RELATED TO SARS-COV-2 INFECTION.
- You may redistribute the Data under terms of your choice, so long as you credit or otherwise attribute the Data to us according to customary scientific practice.
If you do not abide by the foregoing limitations on your use of Data, we may block your access to the Data Portal and will retain the right to pursue all other available legal remedies.
2. Data Protection and Privacy.
You and those acting on your behalf agree that, in providing you with Data, we are not acting as a business associate, subcontractor, data importer or exporter, or data processor within the meaning of any applicable data protection laws including, without limitation, the Health Insurance Portability and Accountability Act and the EU General Data Protection Regulation 2016/679. You agree to accept all liability that may arise under such laws by virtue of use of the Data by you or on your behalf.
3. Data Export Compliance.
As applicable (for example, if you are not a U.S. person or if you are accessing the Data Portal from outside of the United States), you will comply with the data export laws and regulations of the United States and other applicable jurisdictions in using the Data Portal, and to obtain any permits, licenses and authorizations required for such compliance.
4. No Warranties; Limitation of Liability.
WE DO NOT WARRANT OR OTHERWISE GUARANTEE THE OUTCOME OR RESULTS OF ANY USE MADE OF DATA. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY US.
IN NO EVENT WILL WE BE LIABLE TO ANYONE FOR LOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH ACCESS TO THE DATA PORTAL OR USE OF DATA, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY WERE OTHERWISE FORESEEABLE.