CLASSIFICATION OF TYPICAL ADPKD CALCULATOR
END USER LICENSE AGREEMENT
IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
BEFORE YOU START USING THE CLASSIFICATION OF TYPICAL ADPKD CALCULATOR WEB-BASED
APPLICATION (THE "WEB-BASED APPLICATION").
This End User License Agreement (this "Agreement"), is a binding agreement
between Mayo Foundation and Medical Education and Research ("MFMER") and you
(where "you" means (and "your" refers to) any individual or legal entity that
exercises the permissions granted by this License).
BY CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW, YOU CONSENT TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR INSTALL
THE WEB-BASED APPLICATION. ABSENT YOUR AGREEMENT TO THE TERMS BELOW, YOU HAVE
NO RIGHTS WHATSOEVER TO HOLD OR USE THE WEB-BASED APPLICATION.
AFTER CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW, YOU HAVE
THE RIGHT TO USE THE WEB-BASED APPLICATION IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
- LICENSE GRANT. MFMER hereby grants you a limited non-exclusive
license to store, load, install, execute, display and copy (to "use")
the web-based application solely for the performance of internal,
non-profit research conducted by you at your institution and subject to
all the terms and conditions of this Agreement.
- NO REDISTRIBUTION. The web-based application remains the
property MFMER. You shall not publish, distribute, or otherwise transfer
or make available the web-based application to any other party.
- NO COMMERCIAL USE. Any use of the web-based application for
commercial purposes in any form is strictly prohibited. This includes,
but is not limited to, use of the web-based application in
fee-for-service core laboratories or to provide services to, or
commercially sponsored research for, a third party for a fee or other
- OWNERSHIP AND COPYRIGHT NOTICES. MFMER owns and shall at all
times retain exclusive rights to the web-based application. This License
does not transfer, assign, or convey any intellectual property rights to
you (e.g., it does not transfer ownership of copyrights or trademarks).
You agree not to remove or delete and shall retain in the web-based
application and any modifications to the web-based application the
copyright, trademark, or other notices that are provided with the
- PUBLICATION AND ATTRIBUTION. You have the right to publish,
present, or share results of your work that makes use of the web-based
application. If use of the web-based application results in results that
will be published, you agree that you will acknowledge MFMER as the
provider of the web-based application.
- NO CLINICAL USE. The web-based application is for academic
research use only and is not approved for clinical, diagnostic or
treatment purposes. You agree that you shall not use the web-based
application for clinical, diagnostic or treatment purposes, and that any
such uses are expressly prohibited.
- NO WARRANTIES; LIMITATION OF LIABILITY. THE WEB-BASED APPLICATION
IS EXPERIMENTAL IN NATURE AND IS MADE AVAILABLE "AS IS" AND WITHOUT
OBLIGATION BY MFMER TO PROVIDE ACCOMPANYING SERVICES, UPDATES OR
SUPPORT. ANY RISK ASSOCIATED WITH USE OF THE WEB-BASED APPLICATION IS
YOUR SOLE RISK. MFMER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING
THE WEB-BASED APPLICATION. MFMER EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES CONCERNING THE WEB-BASED APPLICATION, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE,
PERFORMANCE, FREEDOM FROM THE RIGHTFUL CLAIM OF ANY THIRD PARTY BY WAY
OF INFRINGEMENT OR THE LIKE, AND ANY WARRANTY THAT MIGHT OTHERWISE ARISE
FROM COURSE OF DEALING OR USAGE OF TRADE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, SHALL
MFMER OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES OR RELATED EXPENSES WHICH MAY ARISE FROM THE USE OF THE
WEB-BASED APPLICATION, INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM
ANY DEFECT IN THE WEB-BASED APPLICATION OR DOCUMENTATION, LOSS OR
INACCURACY OF DATA OF ANY KIND, LOSS OF PROFITS, INTERRUPTION OF
BUSINESS, CORRUPTION, DAMAGE OR LOSS OF DATA, FAILURE OF THE WEB-BASED
APPLICATION TO OPERATE WITH ANY OTHER PRODUCT, BUSINESS INTERRUPTION OR
OTHERWISE, WHETHER IN CONTRACT, STRICT LIABILITY, TORT, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE.
- INDEMNIFICATION. To the extent permitted by law, you shall
indemnify, defend and hold harmless MFMER, its corporate affiliates,
current or future directors, trustees, officers, faculty, medical and
professional staff, employees, students and agents and their respective
successors, heirs and assigns (the "Indemnitees"), against any
liability, damage, loss or expense (including reasonable attorney's fees
and expenses of litigation) incurred by or imposed upon any of the
Indemnitees in connection with any claims, suits, actions, demands or
judgments arising from or connected with your use of the web-based
application. MFMER and MFMER's Affiliates shall have no obligation to
indemnify you hereunder. This indemnification obligation shall survive
expiration or termination of this Agreement.
- GOVERNING LAW; Jurisdiction. This Agreement shall be governed by
the laws of the State of Minnesota, USA, excluding its choice-of-law
principles. The application of the United Nations Convention on
Contracts for the Sale of Goods is excluded. You hereby irrevocably
consent to the exclusive personal jurisdiction of the Minnesota state
and US federal courts located in Olmsted County, Minnesota, USA for the
resolution of all disputes and controversies arising under or relating
to this Agreement.
- NON-USE OF NAME. Other than permitted under Sections 4 and 5, you
will not use for publicity, promotion or otherwise, any logo, name,
trade name, service mark or trademark of MFMER or its Affiliates,
including, but not limited to, the terms "MAYO®," "MAYO Clinic®"
and the triple shield MAYO logo, or any simulation, abbreviation or
adaptation of the same, or the name of any employee or agent of MFMER or
its affiliates, without MFMER's prior, written, express consent. MFMER
may withhold such consent in its absolute discretion. With regard to the
use of any name or trademark of MFMER or its affiliates, all requests
for approval pursuant to this Section must be submitted to the MAYO
Clinic Public Affairs Business Relations Group, at the following e-mail
address: PublicAffairsBR@MAYO.edu at least five (5) business days
prior to the date on which a response is needed.
- ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER. This Agreement is the
entire agreement between you and MFMER and supersedes any other prior
agreements, proposals, communications or advertising, oral or written,
with respect to the web-based application or to subject matter of this
Agreement. You acknowledge that you have read this Agreement, understand
it and agree to be bound by its terms. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid,
void, or unenforceable for any reason, in whole or in part, such
provision will be more narrowly construed so that it becomes legal and
enforceable, and the entire Agreement will not fail on account thereof,
and the balance of the Agreement will continue in full force and effect
to the maximum extent permitted by law or equity while preserving, to
the fullest extent possible, its original intent. No waiver of any
provision or condition herein shall be valid unless in writing and
signed by you and an authorized representative of MFMER, provided that
no waiver of any breach of any provisions of this Agreement will
constitute a waiver of any prior, concurrent or subsequent breach.
MFMER's failure to insist upon or enforce strict performance of any
provision of this Agreement or any right shall not be construed as a
waiver of any such provision or right.
MFMER Contact Information. Should you have any questions concerning
this Agreement, or if you desire to contact MFMER for any reason, please
contact Mayo Clinic Ventures at
© 2013 MFMER. All Rights Reserved. The web-based application and any
accompanying documentation are copyrighted and protected by copyright laws
and international copyright treaties, as well as other intellectual property
laws and treaties.