Terms & Conditions of Use
Effective:June 01, 2018
These terms (the "Terms") govern your use of the TUMORGRAFT® Database of PDX models (the “Database”, by Champions Oncology, Inc.
You may use the Database only for the purpose of model selection. You may not use the Database or any of its components for your own or anyone else’s independent research, or in connection with any development of intellectual property of any kind.
You assume sole and exclusive responsibility for your use of the Database.
The Database constitutes proprietary confidential information of Champions. You must treat the Database and its underlying data as confidential in a manner no less protective than that used by you to protect your own similar assets, but in no event less than reasonable care. You must not disclose the Database and its underlying data, or have them disclosed, directly or indirectly to any third party without Champions’ prior written consent.
The Database is a proprietary product of Champions, protected under copyright laws and international copyright treaties, patent law, trade secret law and other intellectual property rights of general applicability. Other than the limit rights of use expressly provided above, no other right, title, interest or license in or to any of the foregoing elements regarding the Database, are granted, sold, transferred, assigned or shared you.
THE DATABASE IS PROVIDED TO YOU “AS IS”. CHAMPIONS DOES NOT GUARANTEE, MAKES NO REPRESENTATION, AND PROVIDES NO WARRANTY ABOUT THE ACCURACY ,COMPLETENESS, FITNESS FOR A PATICULAR PURPOSE OR NON-INFRINGEMENT OF THE DATABASE, OR THE EXPECTED RESULTS, OUTCOME OR BENEFITS FROM UTILIZING THE DATABASE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHAMPIONS AND ITS STAFF WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY OR PUNITIVE DAMAGES, LOSSES ARISING FROM, OR IN CONNECTION, WITH YOUR USE OF, OR RELIANCE UPON, THE DATABASE, OR ANY ERROR, INCOMPLETENESS, INCORRECTNESS OR INACCURACY IN THE DATABASE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY.
These Terms are governed by the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws. Any dispute, controversy or claim which may arise out of or in connection with these Terms or the Database, shall be submitted to the sole and exclusive jurisdiction and venue of the New York State Courts located in New York County, and the federal district court for the Southern District of New York.