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Terms of Use

Geisinger Clinic and Regeneron Genetics Center LLC (“Regeneron“ and, together with Geisinger Clinic, “Providers” or “we”) make information available on this Discov-EHR website (the website and all information provided through such website, the “Site”), subject to the following terms and conditions (“Terms of Use”). By accessing this Site and clicking below, you agree to all of these Terms of Use. Providers reserve the right to change these Terms of Use at any time, at their sole discretion, without notice. Your continued use of the Site, or any Data accessed through it, constitutes your acceptance of these Terms of Use, and your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Providers reserve the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

License

Providers grant you a non-exclusive, non-transferable, non-sublicensable, limited right, to access and use the Site for internal non-commercial research purposes only (2) download or uploading sequence data and related information through the Site, and (3) use of such data and related information for internal non-commercial research purposes only. 

Limitations on Use

You agree to use the Site in compliance with all applicable laws and regulations, including but not limited to any applicable state health information confidentiality laws.

You acknowledge that this agreement does not give you the right to use the Site to provide Services to a third party or for any commercial purposes. If you use the Site for any purpose other than internal research use (“Unauthorized Use”), then, in addition to any other rights and remedies available to Providers at law or in equity, you shall provide each Provider with all data, information and/or inventions generated or arising from such Unauthorized Use (“Unauthorized Data and Inventions”). You agree that Providers shall own all rights title and interest in and to Unauthorized Data and Inventions. Accordingly, you agree to assign and hereby does assign to Providers all right, title and interest in and to any and all of Recipient’s right, title and interests in and to Unauthorized Data and Inventions without any compensation, and all patents or patent applications claiming or covering any Unauthorized Data and Inventions. If such assignment is not legally possible, you hereby grant to Providers a royalty-free, fully paid-up, perpetual, worldwide license, with the right to sublicense, to Unauthorized Data and Inventions. You agree to execute any and all forms of assignments and other instruments or documents, and to take such further actions as either Provider may reasonably request, in order to execute the assignment or license, for Unauthorized Data and Inventions. For clarity, Providers shall have the sole right to prepare, file and prosecute patents and patent applications claiming or covering Unauthorized Data and Inventions.

You acknowledge that the Site contains de-identified genomic and other data originating from (or derived from materials originating from) individual subjects (“Subjects”). You shall not attempt in any manner, directly or indirectly, to identify the Subjects (or their family members), or to enable any third party to do so, and shall not contact any Subject (or any such family member) if identified for any reason. Recipient shall notify both Providers immediately if it identifies a Subject (or its family member). You will not, and will not permit any third party to: (1) translate, modify, adapt, enhance, decompile, disassemble or reverse engineer the Site or otherwise determine or attempt to determine source code or protocols from the executable code of the Site or create any derivative works based upon the Site; or (2) extract ideas, algorithms, procedures, workflows or hierarchies from the Site or otherwise use the Site for the purpose of creating another product or service. You will use commercially reasonable efforts to prevent unauthorized access to, or use of, the Site.

Indemnification, Representations, Limitations on Liability

You agree to defend each Provider, its affiliates and each of their respective officers, directors, representatives and employees (collectively, “Indemnitees”) from and against all charges, allegations, claims, demands, complaints, causes of action, proceedings and/or investigations of a third party (collectively, “Claims”), and indemnify and hold harmless such Indemnitees from and against any and all losses, liabilities, obligations, awards, settlements, penalties, fines, sanctions, damages and reasonable costs (including awards of court costs and reasonable attorneys’ fees) that result from any such Claim, where and to the extent that such Claim is made or brought against any Indemnitee and is based on or arises out of any breach of these Terms of Use or your use of this Site (including, without limitation, infringement of third party intellectual property rights or negligent or wrongful conduct).

USE OF THE DISCOV-EHR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL ASSOCIATED RISKS. ALL DATA PROVIDED WITHIN THIS WEBSITE IS PROVIDED "AS IS". PROVIDERS MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES OR ERRORS, OR THAT THE USE OF THE SITE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS. IN NO EVENT SHALL PROVIDERS OR THEIR INDEMNITEES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM OR RELATING TO YOUR USE OF THIS SITE. THE SITE IS PROVIDED FOR RESEARCH PURPOSES ONLY AND THE DATA AND INFORMATION CONTAINED IN THE SITE HAS NOT BEEN GENERATED IN A LABORATORY QUALIFIED UNDER THE CLINICAL LABORATORY IMPROVEMENT AMENDMENTS PROMULGATED BY THE CENTERS FOR MEDICARE & MEDICAID SERVICES. YOU ARE SOLELY RESPONSIBLE FOR (AND WE ASSUME NO RESPONSIBILITY AND WILL HAVE NO LIABILITY OF ANY KIND FOR) THE DECISIONS MADE BASED ON USE OF THIS SITE, OR ANY EFFECTS THAT MAY RESULT FROM SUCH USE.

The disclaimers, indemnification provisions, and provisions regarding limitation of liability set forth above are for the benefit of the Providers. Each Provider shall have the right to assert and enforce those provisions directly against you on its own behalf.

Governing Law

The laws of the Commonwealth of Pennsylvania (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms of Use. The federal or state courts located in the Commonwealth of Pennsylvania shall have jurisdiction over all matters arising out of or relating to these Terms of Use or the use of this Site. Any cause of action or claim you may have with respect to the use of this Site or these Terms of Use must be commenced within one (1) year the first use of the Site, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Discov-EHR Site.

Severability

In the event any provision in this Terms of Use is rendered invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect. In such event, the invalid or unenforceable provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Waiver

A delay or omission by Providers to exercise any right or provision of this Terms of Use shall not be construed to be a waiver of such right or provision. No waiver by Providers of a breach of this Terms of Use will be deemed a waiver of any subsequent breach.

Acknowledgment

We request that Discov-EHR be acknowledged as follows for publications:

“The authors would like to thank the Discov-EHR collaboration of Geisinger Health System and Regeneron for providing exome variant data for comparison.”

Copyright

The information on this Site is protected by copyright. Except as specifically permitted in writing, no portion of this Site may be distributed or reproduced by any means, or in any form, without the explicit written permission of the copyright owner(s).

Site design © 2016 by Geisinger Health Systems. All rights reserved.

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