Terms and Conditions
THE HyDRA WEB APPLICATION IS OWNED BY HER MAJESTY THE QUEEN IN RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF HEALTH, ACTING THROUGH THE PUBLIC HEALTH AGENCY OF CANDA (“PHAC”) AND IS PROTECTED UNDER COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES. THE HyDRA WEB APPLICATION IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES.
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. USING THIS PRODUCT IN ANY WAY INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS.
1. LICENSE: PHAC (“we” or “us”) provides the user (“you”) with access to the HyDRA Web Application that includes electronic components, data, and printed materials (collectively called the “Product”) and grants you a limited, non-exclusive license to use the Product in accordance with the terms of this License Agreement. The copyright and all other rights to the Product shall remain with us.
2. YOU MUST NOT: a) make copies of the Product; b) modify the Product or make derivative works; c) translate, reverse engineer, decompile, or disassemble the Product; d) rent, lease loan, sub-license, distribute, assign, or transfer the Product or any code for the product; or e) modify the Product or merge all or any part of the Product with another program.
3. TERM: This License Agreement shall continue for as long as you use the Product. However, this License Agreement will terminate automatically without notice from PHAC if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy the Product and any copies that have been produced in violation of this License Agreement. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
4. PRIVACY: You agree not to record, place, or otherwise include any personal identifiers or other information that could identify an individual in the raw sequencing data or metadata, on the HyDRA Web Application. We agree to refrain from accessing your records, unless required to do so for the purpose of maintaining the Application. You agree that we may remove any data from the Application where said data has remained on the Application for a period of 90 days.
5. LIMITATION OF WARRANTIES AND LIABILITY: THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICLULAR PURPOSE, OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PRODUCT AND PHAC DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE RESULTING FROM USE OF THIS PRODUCT, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT PHAC HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE . IN NO EVENT SHALL PHAC HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERICAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
6. GENERAL: This License Agreement is the entire agreement between us and you, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License Agreement and the other provisions shall remain in full force and effect.
© 2015 Public Health Agency of Canada. All Rights Reserved.