LabOnWeb Functional Genomics

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Technical support for OligoLibraries was discontinued on December 31, 2004. As a courtesy, we continued to provide technical support for an additional period of twelve months; however, this service is no longer offered after December 31, 2005.
If you have purchased a complete OligoLibrary, an OligoLibrary subset, or an evaluation plate, you can use your product code to download a gene list with detailed oligo information in Excel format. The catalog number and product code appear on the product profile sheet supplied with your product. Please fill out the form below (all fields are required) and accept the LabOnWeb Oligo Sequence Terms of Use:
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LabOnWeb Oligo Sequence Terms of Use

IMPORTANT - READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE ACCESSING THE SITE AND/OR USING THE COMPUGEN OLIGOLIBRARIES(TM) SEQUENCE INFORMATION. BY CLICKING THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT YOU WILL THEREBY ACKNOWLEDGE THAT YOU HAVE UNDERSTOOD AND AGREED TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT YOU WILL THEREBY ENTER A LEGALLY BINDING AGREEMENT BETWEEN YOU AND COMPUGEN INC. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT YOU SHOULD NOT CLICK THE "ACCEPT" BUTTON.

1. GRANT OF ACCESS AND USE RIGHTS AND DEFINITIONS. 

Compugen hereby grants You, subject to the execution of the Oligos License (defined below) and subject to all terms and conditions in this Agreement, a non-exclusive, non-transferable and non-sublicensable right to (a) access the Sequence Information through the www.LabOnWeb.com web-site (the "Site"), and (b) use the Sequence Information solely for the purpose of performing Internal Research.

DEFINITIONS "Oligos License" means the General License Terms & Conditions between the Customer on the one hand and Compugen and/or Sigma-Genosys, L.P. on the other hand, relating to the OligoLibraries; "Customer" means the entity executing the Oligos License; "You" means the Customer and its employee(s), jointly and severally; "Sequence Information" means all of the information associated with those of Compugen's OligoLibraries(tm) product(s) that Customer purchased, including but not limited to oligo sequence information, annotation information, accession numbers, UniGene ID's, and any and all updates, improvements and additions thereto that may be made available by Compugen from time to time in its sole discretion through the Site; "OligoLibraries" means Compugen's oligonucleotide collections representing gene sets of specific organisms; "Access Code" means the access code provided by Compugen to the Customer, with which Customer can access the Sequence Information through 
 the Site; "Use" means submission of data queries to, and receiving information, including query results through the Site; "Internal Research" means research of drug discovery and/or diagnostics test-design, within the scope of the Customer's life science research, for Customer's internal use and for its own behalf. 


2.	USE OF THE SEQUENCE INFORMATION.

2.1 Except as expressly permitted under this Agreement, You may not: (i) translate, reverse engineer, decompile, disassemble, modify, reproduce, copy or distribute any portion of the Sequence Information, (ii) sell, assign, sublicense, transfer, pledge, lease, rent, or otherwise share with any third party any of your rights under this Agreement, (iii) without limiting paragraph (i) above, allow any third party to access the Site and/or use the Sequence Information, or (iv) permit or aid others to do any of the foregoing in this Section 2.1.

2.2 Except as expressly permitted in Sections 1 and 6, You shall not use the Sequence Information for any purpose or in any manner. Without limiting the foregoing, You may not use the Sequence Information for the purpose of developing any research tool, product and/or service, including without limitation, reagents, devices, laboratory instruments, DNA and protein chips, microarrays, macroarrays, software, databases, and bioinformatics services. You acknowledge and agree that Compugen may monitor Your use of the Site and the Sequence Information and prevent You from using the Site and/or the Sequence Information inconsistently with this Agreement. 


3.	ACCESS TO THE SEQUENCE INFORMATION. 

You acknowledge that the Access Code was provided to You by Compugen solely for Your Use. You understand that the Access Code provided to You by Compugen is personal and may not be used by anyone other than Yourself. You agree that, except for Customer's employees, no person shall be permitted to gain access to or use Your Access Code.


4.	LICENSE IS FREE OF CHARGE. Your right to access the Site and use the Sequence Information under this Agreement, is granted to You free of charge for the term of the Oligos License.


5.	PROPRIETARY RIGHTS. You acknowledge and agree that all right, title, and interest in and to Sequence Information, including all intellectual property rights subsisting therein, are and shall remain with Compugen. Except for the rights expressly granted to You under Section 1 of this Agreement, this Agreement does not convey to You any interest or right in or to the Site or the Sequence Information.  "OligoLibraries" is a trademark of Compugen and no right, license, or interest in or to such trademark is granted hereunder, and you agree not to assert any such right, license, or interest with respect to such trademark.  


6.	CONFIDENTIALITY; PUBLICATIONS.

6.1 You will keep the Sequence Information ("Confidential Information") in strict confidence. Except as expressly permitted in Sections 6.2 and 6.3 of this Agreement, You will not disclose, publish or allow any third party to use or access the Confidential Information.

6.2 You may disclose the Sequence Information only to the extent that such disclosure shall be reasonably required for prosecuting patent applications and maintaining patents related to the Customer's Inventions, provided that any such disclosure shall be made solely on an oligo-by-oligo basis, and subject at all times to Compugen's intellectual property rights. "Customer's Inventions" means all proprietary data, information, inventions, know-how and technology, which are developed or invented by the Customer directly as a result of using the Sequence Information, during the Term of this Agreement and in accordance with the terms of this Agreement, but except for the Sequence Information and subject at all times to Compugen's intellectual property rights as set out in Section 5 above. 

6.3	You may publish scientific results of Your work, which contain Sequence Information, provided that any such publication: (a) is submitted solely to a scientific journal; (b) includes only that portion of the Sequence Information that is scientifically required and relevant to the publication; (c) includes Sequence Information with respect to no more than fifty (50) oligos without the prior written consent of Compugen; (d) will be based on lab work applied to the Sequence Information and will represent substantial investment of research effort on Your part; and (f) includes recognition of the contributions of Compugen according to standard practice for assigning scientific credit, either through authorship or acknowledgment as may be appropriate. You agree that upon receiving notification by the publisher of the intent to release the publication, You will advise Compugen in writing of such publication, the planned publication date, and furnish a final copy of the publication to Compugen. 


7.	LIMITED WARRANTIES AND LIMITED LIABILITIES.

7.1 THE SEQUENCE INFORMATION IS PROVIDED ON AN "AS IS" BASIS. COMPUGEN EXPRESSLY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES RELATED THERETO, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT, ANY AND ALL OBLIGATIONS TO DEFEND ANY ACTION OR SUIT BROUGHT BY ANY THIRD PARTY, AND ANY WARRANTY IN RESPECT OF QUALITY OR MERCHANTABILITY OF THE OLIGOLIBRARIES OR THE SEQUENCE INFORMATION, AND FITNESS OF THE OLIGOLIBRARIES OR THE SEQUENCE INFORMATION FOR ANY PARTICULAR PURPOSE. 

7.2 COMPUGEN EXPRESSLY DISCLAIMS ANY WARRANTY THAT ANY INFORMATION WHICH YOU TRANSMIT OVER THE WEB WILL BE PROTECTED FROM THIRD PARTY ACCESS THERETO.

7.3 YOU ACKNOWLEDGE THAT THE SEQUENCE INFORMATION IS NOT LICENSED BY THE FDA OR ANY OTHER REGULATORY BODY FOR ANY PURPOSE. YOU ACKNOWLEDGE THAT COMPUGEN MAKES NO REPRESENTATION AS TO THE COMPREHENSIVENESS, RELIABILITY, OR ACCURACY OF OLIGOLIBRARIES OR THE SEQUENCE INFORMATION OR THAT OLIGOLIBRARIES OR THE SEQUENCE INFORMATION ARE ERROR FREE. THE PRESENCE IN OR ABSENCE FROM OLIGOLIBRARIES OR FROM THE SEQUENCE INFORMATION OF ANY REFERENCE TO INFORMATION, DATA, EVENTS, RESEARCH OR DEVELOPMENTS DOES NOT IMPLY THE SPECIFIC EXISTENCE OR THE NON-EXISTENCE OF SUCH INFORMATION, DATA, EVENTS, RESEARCH OR DEVELOPMENTS.

7.4 COMPUGEN WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING DAMAGES BASED ON ECONOMIC HARM TO YOU, INJURY TO PROPERTY OR LOST PROFITS TO YOU, REGARDLESS OF WHETHER COMPUGEN SHALL BE ADVISED OF THIS POSSIBILITY. COMPUGEN'S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPUGEN UNDER THE OLIGOS LICENSE.

7.5 You acknowledge and agree that: (i) the limited warranties, remedies and limited liability provisions set forth herein are fundamental elements in the basis of the agreement between Compugen and You, and (ii) Compugen would not be able to provide to You the OligoLibraries and/or the Sequence Information without such limitations.


8.	YOUR UNDERTAKINGS TO COMPUGEN. 

8.1 You agree to access the Site and use the Sequence Information in compliance with the terms of this Agreement, and all applicable laws and regulations and without breaching the rights of any third party.  You agree that, if as a result of Your Use of Site and/or the Sequence Information, You will obtain right or interest in one or more patent claiming information, data and/or composition contained within the Sequence Information, You shall not sue Compugen alleging direct or contributory infringement, or inducement to infringement, of such patent due to the inclusion of such information, data and/or composition in OligoLibraries and or in the Sequence Information or in any other products developed, sold or licensed by Compugen or third party collaborators of Compugen or the sale or licensing by Compugen of the OligoLibraries or any such other product(s).

8.2 You agree and acknowledge that, if any right or license to use any third party intellectual property shall be required to be obtained in order for You to exploit in any way the OligoLibraries, You shall be solely responsible for obtaining the right or license to use such third party intellectual property. In no event shall Compugen be obligated to acquire such right or license from any such third party. 


9.	ACKNOWLEDGEMENT OF ACCESS RIGHTS.

You acknowledge that Compugen retains access to the log files and use files, which the Site may generate, for the purpose of performance monitoring, maintenance, confirmation of Your compliance with the terms of this Agreement, and identification of unauthorized use or attempted unauthorized use of the Site and/or the Sequence Information. 


10.	TERM AND TERMINATION.

10.1	This Agreement shall commence on the date of delivery of the Access Code to You and shall continue for the Term specified in the Oligos License. 

10.2	Compugen may terminate this Agreement by giving you a 10 days written notice to such effect, if You breach any of Your obligations under this Agreement and/or under the Oligos License. Notwithstanding the aforesaid, Compugen shall be entitled to terminate this Agreement by giving you written notice to such effect, if you breach any of Sections 2, 3, 4, 5 and/or 6. Termination of this Agreement does not entitle you to any refund of fees that You pay hereunder or under the Oligos License.

10.3	You will be entitled to continue to use Sequence Information which You extracted from the Site prior to the expiry or termination of this Agreement, provided that such use is in accordance with the terms of this Agreement. The provisions of Sections 4 through 11 (inclusive) shall survive the expiry or termination of this Agreement for any reason.


11.	GENERAL. Compugen may assign any and all of its rights and/or obligations under this Agreement to any third party. This Agreement will inure to the benefit of and be binding upon the successors and assigns of Compugen. This Agreement will be governed by the laws of the State of New Jersey, without giving effect to its conflict of law principles, and sole jurisdiction is granted to the competent court in New Jersey. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.  This Agreement, together with the Registration Form, represents the entire agreement concerning the program between You and Compugen, and it supersedes any prior proposal, representation, or understanding between the parties.  The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.