Terms and Conditions for Data Access*
* This policy is based upon the Data Access Policy for the International HapMap Project, http://www.hapmap.org
If you access the SNP Research Facility data, you may not:
take any action (including patenting) that would restrict the access of others to the data within it
share the data with anyone who has not read these terms and conditions and agreed to them.
Introduction
The SNP Research Facility at Washington University is committed to rapid and complete data release, and to ensuring that data remain freely available in the public domain, at no cost to users. The Facility follows the data release principles of a "community resource project", defined as "a research project specifically devised and implemented to create a set of data, reagents or other material whose primary utility will be as a resource for the broad scientific community [1]." The data release policy is intended to accelerate the work of users towards the timely development of products that will benefit humankind by providing users with access to the output of the Facility and encouraging them to develop diagnostic and therapeutic products for the treatment of human disease.
However, for specific reasons, and solely to ensure that the data remain in the public domain, the SNP Research Facility has had to adopt a Data Release Policy where some data are released quickly without restriction and some data are released with restrictions for a limited period of time. Those who agree to the License Terms agree that they will not prevent others from accessing or using the data produced by the Facility.
Rationale
In formulating its data release policy, the SNP Research Facility had to address the potential problem of other parties filing, and being awarded, patents claiming certain of the data that the Facility will produce. This concern arises because the genotype data produced during the early stages of the Facility will not be sufficiently dense to allow derivation of haplotype information. During this time, however, it would be possible for others to combine the public SNP Research Facility's genotype data with their own, to construct haplotypes, to file for patents on those derived haplotypes, and in doing so potentially restrict others from using those haplotypes and underlying data. Therefore, the current licensing strategy has been adopted as a safeguard to prevent any such third-party patents that might otherwise use Facility data being obtained or enforced in a way that would prevent others from using data generated by the Facility, while at the same time allowing anybody who agrees to not use the data this way to have access to the data soon after they are generated.
This licensing approach is not intended to block the ability of users to file for intellectual property protection on specific haplotypes for which they have identified associated phenotypes, such as disease susceptibility, drug responsiveness, or other biological utility, as long as public access to, and use of, the data produced by the SNP Research Facility is preserved.
Before there is enough genotype information in a chromosome region to derive haplotype information, the individual genotypes will only be made available subject to a specific license agreement. To gain access to the genotypes during this limited time, you must first accept the terms and conditions of the accompanying agreement, the purpose of which is to ensure that the data generated by the Facility will continue to remain available to all users. In essence, you will have to agree to a single condition -- that you will not restrict further use of the individual genotypes, i.e. take any action that would in any way restrict the access of others to the data produced by the Facility. In practice, this means that while you are free to use the data for any type of analysis you wish and you are free to publish the results of those analyses, you may not include in such publications the details of the individual genotypes that the Facility has not yet released. However, you should cite the Facility database as your source of the data so that others may obtain access to them on the same terms as you obtained them. Otherwise, you may not generally distribute those data, or use any unreleased genotype data to apply for patents, in any way that would exclude others from using any of the data produced by the Facility.
SNP Research Facility Public Access License
License Version 1.1, September 2004
Copyright © SNP Research Facility at Washington University
Full acknowledgements to the GNU General Public License
Copyright © 1989, 1991 Free Software Foundation, Inc.
59 Temple Place - Suite 330, Boston, MA 02111-1307, USA
INTRODUCTION
This International SNP Research Facility Public Access License applies to the HapMap Genotype Database. The Rationale for this License can be found at Introduction and Rationale.
As a user, you are required to accept these terms and conditions of access and use the first time you register to access the Genotype Database. You will choose a username and password that will be used for all subsequent access to the database. To accept the terms and conditions, click on the "Accept" button below." Each time you begin a new session with the Genotype Database you will be asked to enter your user name and password; in doing so you will be confirming that you have accepted the terms and conditions of access.
Before you access data on snp.wustl.edu, you should read carefully the terms and conditions of this License as set out below. By clicking on the "Accept" button you are entering into a legally binding agreement to be bound by the terms and conditions of this License (under which you will then be a Licensee). When you click on the "Accept" button, the SNP Research Facility's appointed agent, Cold Spring Harbor Laboratory, P.O. Box 100, 1 Bungtown Rd., Cold Spring Harbor, NY 11724, telephone (516) 367-8397 ("the Licensor"), will grant on behalf of the SNP Research Facility to you (the "Licensee") a non-exclusive license under the terms and conditions set out below. For the sake of clarity, each licensee is addressed as "you" in those terms and conditions.
This License applies to any database or other work that contains a notice saying that it may be distributed under the terms of this International SNP Research Facility Public Access License. The "Genotype Database" refers to any such database or work based on the Database, which means either the Genotype Database or any derivative work under copyright law: that is to say, a work containing the Genotype Database or a portion of it, either verbatim or with modifications or translated into another language. (The term "modification" includes, without limitation, translations.)
You may access and conduct queries of the Genotype Database and copy, extract, distribute or otherwise use copies of the whole or any part of the Genotype Database's data as you receive it, in any medium and for all (including for commercial) purposes, provided always that:
by your actions (whether now or in the future), you shall not restrict the access to, or the use which may be made by others of, the Genotype Database or the data that it contains;
in particular, but without limitation,
you shall not file any patent applications that contain claims to any composition of matter of any single nucleotide polymorphism ("SNP"), genotype or haplotype data obtained from the Genotype Database or any SNP, haplotype or haplotype block based on data obtained from the Genotype Database; and
you shall not file any patent applications that contain claims to particular uses of any SNP, genotype or haplotype data obtained from the Genotype Database or any SNP, haplotype or haplotype block based on data obtained from, the Genotype Database, unless such claims do not restrict, or are licensed on such terms that that they do not restrict, the ability of others to use at no cost the Genotype Database or the data that it contains for other purposes; and
you disclose data obtained as a result of your access to and use of the Genotype Database only to other parties who have first confirmed to you in writing that they too are licensees under the terms of the International SNP Research Facility Public Access License and so are bound by equivalent terms and conditions to those that you have accepted under this License. If you were to include the details of the individual genotypes in a publication, you could not conform to this clause; therefore, you may not include in publications the data on genotypes of individual HapMap samples that you obtained from the Genotype Database. However, you may publish conclusions based on such data, you may cite the Facility database as your source of the data so that others may obtain access to them on the same terms as you obtained them, and you may provide the individual genotypes supporting those conclusions to any individual who has confirmed to you in writing that s/he is a licensee under the terms of the International SNP Research Facility Public Access License.
You may not access, copy, modify, sublicense, distribute or otherwise use the Genotype Database or the data contained in it except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, distribute or otherwise use the Genotype Database or the data contained in it is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
You are not required to accept this License. However, if you do not accept this License, then nothing else grants you permission to access, use, modify, distribute or otherwise use the Genotype Database or the data contained in it. Such actions are prohibited if you do not accept this License.
You acknowledge that the Genotype Database and the data contained in it, to which access is provided under the terms of this License, are protected by law including, but not limited to, copyright laws of the United States, Europe, Canada, Japan and China and international treaties. The Genotype Database is controlled and operated by Miller Laboratory from its office within the United States. Those who choose to access the Genotype Database from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
If, because of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot use the Genotype Database or the data contained in it so as to satisfy simultaneously your obligations under this License and any other applicable obligations, then you may not continue to use the Genotype Database or the underlying data contained in it at all.
If any portion of this License is held invalid or unenforceable under any particular circumstance, then the rest of the License is intended to apply and the License as a whole will apply in other circumstances .
It is not the purpose of this License to induce you to infringe any patents or other property right claims or to contest the validity of any such claims.
If the distribution or use of the Genotype Database or the data contained in it is restricted in certain countries either by patents or by copyright or database protection interfaces, then the SNP Research Facility or its agent (Miller Laboratory) may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
The SNP Research Facility or its agent (Miller Laboratory) may publish revised versions of the International SNP Research Facility Public Access License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new concerns.
NO WARRANTY
THIS LICENSE IS THE PARTIES' ENTIRE UNDERSTANDING OF THE CONTRACT BETWEEN THEM AND BECAUSE THE GENOTYPE DATABASE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE GENOTYPE DATABASE OR THE DATA CONTAINED IN IT, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHEN OTHERWISE STATED IN WRITING, THE LICENSOR OR OTHER PARTIES PROVIDE THE GENOTYPE DATABASE AND THE DATA CONTAINED IN IT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR MAKES NO REPRESENTATION OR WARRANTY THAT THE GENOTYPE DATABASE AND THE DATA CONTAINED IN IT WILL NOT INFRINGE ANY PATENT, COPYRIGHT OR OTHER PROPRIETARY RIGHT. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY AND PERFORMANCE OF THE GENOTYPE DATABASE AND THE DATA IT CONTAINS IS WITH YOU.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY OR REDISTRIBUTE THE GENOTYPE DATABASE AS PERMITTED ABOVE, BE LIABLE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE GENOTYPE DATABASE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE GENOTYPE DATABASE TO OPERATE WITH ANY OTHER DATABASES), EVEN IF THE LICENSOR OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE GENOTYPE DATABASE OR THE DATA CONTAINED IN IT RESULTS IN THE NEED FOR SERVICING AND REPAIR OR CORRECTION OF EQUIPMENT OR DATA, THEN YOU ASSUME THE COST OF THE SAME.
Failure by either party to exercise or enforce any right or remedy under this License agreement will not constitute a waiver of that party's rights or remedies or of the right to enforce them at a later time.
You may not assign or transfer any rights or obligations under this License agreement without Licensor's prior written consent.
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