This is a user agreement (“Agreement”) between You and The University of Pennsylvania (“UPenn”) and governs Your use of the kidney omics data (the "Data") provided here. “You” and “Your” means the individual or legal entity licensing the Data under this Agreement.
1. UPenn hereby grants to You a non-exclusive, royalty-free license to use the kidney omics data provided here (the "Data"), specifically excluding commercial use or sales. This license does not grant any rights or licenses to any other patents, copyrights, or other forms of intellectual property owned or controlled by UPenn. You agree to include this Agreement and the copyright notice below in all copies or substantial portions of the Data.
Copyright (c) 2021 University of Pennsylvania, PA
2. You may not publish the results of any work resulting from use of the Data without the express written consent of the Principal Investigator, Katalin Susztak MD, PhD. Contact her for permission: firstname.lastname@example.org
3. You may present publicly in oral presentations the results of any work resulting from use of the Data. You agree to acknowledge the contribution of the Data by citing the Data and its creators in all such presentations concerning the use of the Data, such as follows:
Qiu, C. et al. Renal compartment–specific genetic variation analyses identify new pathways in chronic kidney disease. Nature medicine 24, 1721 (2018).
4. YOU AGREE THAT THE DATA PROVIDED HEREUNDER IS EXPERIMENTAL AND IS PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY PATENT, COPYRIGHT, OR ANY OTHER THIRD-PARTY RIGHT. IN NO EVENT SHALL THE CREATORS OF THE DATA OR UPENN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DATA, THE USE OF THE DATA, OR THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Except to the extent prohibited by law, You agree to indemnify, defend, reimburse and hold harmless UPenn, UPenn personnel, UPenn’s Affiliates, and each of their respective trustees, faculty, staff, employees, students, directors, officers, agents, successors and assigns (altogether the “UPenn Indemnitees”) from, for and against any and all judgments, settlements, losses, expenses, damages and/or liabilities and any and all court costs, attorneys’ fees, and expert witness fees and expenses that a UPenn Indemnitee may incur from any and all allegations, claims, suits, actions or proceedings (the “Claims”) arising out of, relating to, or incidental to Your breach of this Agreement or Your use, development, commercialization, or other exploitation of the Data, whether by or through You, and including all Claims for infringement, injury to business, personal injury, and product liability. The obligations set forth in this Section shall survive termination of this Agreement, shall continue even after assignment of rights and responsibilities, and shall not be limited by any provision of this Agreement outside this Section.
6. You may not use the trademarks or name of UPenn for any commercial, advertisement, or promotional purposes without the prior consent of UPenn.