Use Agreement
1.
Please read this USE AGREEMENT carefully before using this website and related web services. This Use Agreement applies to any individual, institution, or organization that uses metexplore.fr through its front end, including its mirror sites, the MetExplore web services, visualization or downloads data from the website.
2.
MetExplore is based on various databases and files which are constantly evolving. MetExplore data are for research and educational use only. MetExplore is not a replacement for the original source or a real-time search of the biomedical.
3.
By accessing and using MetExplore you agree to be bound by all the terms and conditions set forth in this USE AGREEMENT. This USE AGREEMENT shall constitute a legally binding agreement between the user and Institut National de la Recherche Agronomique (hereinafter “INRA”). If you do not wish to be bound by its terms, please refrain from accessing or using MetExplore.
4.
The rights in and to MetExplore (excluding information contained therein obtained from third parties) vest in INRA. INRA holds the copyright and trademark to MetExplore and metexplore.fr, including the collective data therein and provides access to any individual subject to the terms set forth in this USE AGREEMENT.
5.
The license granted hereunder shall become effective on first use and remains in force until terminated as provided in this USE AGREEMENT.
6.
Use of MetExplore is free and open to any individual (hereafter called User).
7.
Subject to the terms and conditions of this USE AGREEMENT, INRA grants User a non-exclusive, non-transferable and non-sub-licensable license.
8.
User may not sell, lease, rent, sublicense, assign, export or transfer in any other manner the MetExplore data or the rights of access to or use thereof, or any underlying information, software or other technology, and/or any documents, CDs or any other tangible media representing, embodying or containing any of the foregoing or portion thereof, to any person or entity.
9.
No license is granted hereunder to any enhancement or update of or to MetExplore.
10.
INRA may modify the MetExplore data or metexplore.fr, including, without limitation, by the removal, reduction or addition of functionality or content; and/or discontinue, temporarily or permanently access to or use of MetExplore; and/or change and amend this USE AGREEMENT as provided in clause 24 below, including, without limitation, by adding terms that INRA may be required to "pass through" to User as a result of a separate agreement between INRA and a third party.
11.
If MetExplore data are downloaded in whole or part from the FTP or API servers and used in a database or analysis software, the data must be refreshed at least weekly. All BioCyc networks were downloaded before licence was required to download database. Proper attribution to MetExplore and MetExplore data or original source (KEGG, BioCyc, SBML file and related publication) must be given.
12.
An API key (token) is required to access the MetExplore web service. This unique KEY will be generated upon registration, must be renewed yearly, and must be included with every request. INRA reserves the right to revoke the key at its discretion.
13.
Although steps have been taken to prevent unauthorized alterations or modifications to MetExplore and metexplore.fr, security mechanisms implemented for MetExplore and
Use Agreement
metexplore.fr have inherent limitations. INRA expressly disclaims any warranty that queries to MetExplore and/or MetExplore and other information that Users transmit over the World Wide Web will be protected from third party access. Any loss or damage caused to Users arising out of or in connection with the access to and/or use of MetExplore and/or MetExplore.fr will be borne exclusively by the User, and User agrees that neither INRA nor any of its respective directors, officers, or employees shall have any liability for any such loss or damage.
14.
INRA is entitled to monitor access to and use of MetExplore and/or MetExplore.fr, as long as no personally identifiable information is collected without User's prior consent. INRA may use certain aggregate information related to the use of MetExplore and/or MetExplore.fr, provided that such information will not include personally identifiable information, except as authorized by User. Notwithstanding the foregoing, such personally identifiable information (if collected) may be provided by INRA to third parties in the good faith belief that such action is reasonably necessary to comply with applicable laws, legal process or to enforce this USE AGREEMENT.
15.
INRA shall not be obligated to provide User with any support relating to the use of MetExplore, except for online documentation contained in MetExplore.fr.
16.
MetExplore and/or MetExplore.fr may provide links to and data from other World Wide Web sites or resources. INRA does not endorse and is not responsible for any data, software or other content available from such sites or resources or their privacy policies. User acknowledges and agrees that INRA shall not be liable, directly or indirectly, for any damage or loss (direct or indirect) relating to User's use of or reliance on such data, software or other content. User shall be solely responsible for obtaining any necessary licenses and/or for compliance with applicable terms of use, as may be required to use data, software or other content from such sites or resources.
17.
USER ACKNOWLEDGES THAT METEXPLORE, INCLUDING WITHOUT LIMITATION, THE DATABASE OF INFORMATION CONTAINED THEREIN, IS EXPERIMENTAL AND ACADEMIC IN NATURE.
18.
METEXPLORE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. INRA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO METEXPLORE OR METEXPLORE.FR INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, INRA DOES NOT WARRANT THAT METEXPLORE WILL MEET USER'S REQUIREMENTS OR THAT USE OF METEXPLORE WILL BE FREE OF INFECTION OR VIRUSES, ERROR-FREE, UNINTERRUPTED, SECURE OR WILL PRODUCE ACCURATE RESULTS. USER SHALL BEAR TOTAL AND EXCLUSIVE RESPONSIBILITY AND RISK FOR THE USE OF METEXPLORE. USER SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO USER'S COMPUTER SYSTEMS OR LOSS OF DATA.
19.
USER AGREES THAT INRA AND ITS RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES (COLLECTIVELY, THE "INDEMNITEES") SHALL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, LIABILITIES, COSTS, LOSSES, DAMAGES OR EXPENSES (INCLUDING LEGAL COSTS AND ATTORNEYS' FEES) CAUSED TO OR SUFFERED BY ANY PERSON OR ENTITY (INCLUDING
Use Agreement
WITHOUT LIMITATION, USER), THAT DIRECTLY OR INDIRECTLY ARISE OUT OF OR RESULT FROM USE OF METEXPLORE BY USER, BREACH OF THIS USE AGREEMENT BY USER OR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY (ALL OF THE FOREGOING, COLLECTIVELY, "CLAIMS"). WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, THE INDEMNITEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS WHETHER ARISING FROM OR RELATING TO TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE.
20.
User agrees to defend, indemnify and hold the Indemnities harmless from and against any Claims arising from User’s use of MetExplore.
21.
The license granted hereunder will automatically terminate if the User does not comply with this USE AGREEMENT. Either INRA or User may terminate the license granted hereunder and USE AGREEMENT (as between INRA and User) without notice, at any time, for any reason. Upon any termination of the said license and USE AGREEMENT, User's right to use MetExplore shall immediately cease. The provisions of clauses 11, 14 and 15 above and clauses 17 and 18 above shall survive the termination of this USE AGREEMENT.
22.
User acknowledges and agrees that MetExplore, including, without limitation, text, data, compilation, software, sound, photographs, video, graphics or other material contained in or presented to User as part of MetExplore and the arrangement thereof, and any INRA software used in connection with MetExplore, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. User shall not copy, reproduce, distribute or create derivative works of or otherwise modify MetExplore or any part thereof.
23.
User agrees not to reverse engineer, recompile, dis-assemble, copy or otherwise attempt to discern the source code of any component of MetExplore. INRA reserves the right to terminate any CPU intensive processes. User may not mount an attack against MetExplore, attempt to gain root access, or conduct any other activity intended to disrupt MetExplore.
24.
User may not assign or transfer User's rights under this USE AGREEMENT. INRA may assign all or any of its rights and obligations under this USE AGREEMENT to any third party without User's consent. USE AGREEMENT will inure to the benefit of and be binding upon the successors and assignees of INRA.
25.
Changes and amendments to this USE AGREEMENT shall be published on the Website and become effective upon the date of publication. User will not receive a personal notice of such changes and amendments. User agrees to monitor the Website regularly for notices of such changes. By continuing to access and/or use MetExplore after such changes and amendments become effective, User shall be deemed to have accepted the modified this USE AGREEMENT.
26.
User agrees to access and use MetExplore in accordance with all applicable laws and regulations. User agrees not to use MetExplore for any illegal or wrongful purposes.
27.
If any provision of this USE AGREEMENT is held by a court of competent jurisdiction to be invalid, such provision shall be substituted by a provision which achieves to the
Use Agreement
greatest extent possible, the same effect as would have been achieved by the invalid provision and all other provisions shall remain in full force and effect.
28.
INRA's failure to exercise or enforce any right or provision of this USE AGREEMENT shall not constitute a waiver of such right or provision.
29.
The Agreement is governed by French law. The Parties agree to endeavor to seek an amicable solution to any disagreements or disputes that may arise during the performance of the Agreement. Failing an amicable solution within two (2) months as from their occurrence, and unless emergency proceedings are necessary, the disagreements or disputes shall be referred to the Paris Courts having jurisdiction, by the more diligent Party.