Disclaimer


1. DEFINITIONS

  1. TNO. The Nederlandse Organisatie voor toegepast-natuurwetenschappelijk onderzoek TNO (Netherlands Organisation for applied scientific research TNO), a legal entity by public law (i.e. the TNO-wet), duly organised and existing under the laws of the Netherlands and having its registered seat at Schoemakerstraat 97, 2628 VK Delft, the Netherlands, hereinafter referred to as TNO.
  2. DIAMONDS. DIAMONDS is the Data Management and Data Integration Platform developed by TNO, hereinafter referred to as DIAMONDS.
  3. DIAMONDS website. The website that allows users to access DIAMONDS, hereinafter referred to as DIAMONDS website, which is hosted under the following url (and includes any url with the same beginning): https://diamonds.tno.nl
  4. T&C. The Terms and Conditions defined in this document dated 6 March 2017, hereinafter referred to as T&C.
  5. Data. Data means any piece of information to be found by accessing the DIAMONDS website to the extent permitted by the T&C, hereinafter referred to as Data.
  6. Users. Natural persons or legal entities to whom TNO has granted access rights to DIAMONDS by providing personal login name and password, provided that they agree to these T&C and agree to follow them.
  7. Access. Access to DIAMONDS and its Data, solely via the DIAMONDS website, is available to Users, provided the T&C are followed.
  8. Public Project. A project in DIAMONDS that can be accessible by all Users, provided it is used for non-commercial purposes.
  9. Non-public Project. A project in DIAMONDS that can only be accessible by specific Users, provided a seperate agreement is established.

2. INTERPRETATION

  1. Important Notice: The following Terms and Conditions govern your use of our DIAMONDS website and by continuing, you agree to them. If you do not agree to these terms please leave immediately. Any unlegitimate access to this website is forbidden.
  2. Terms and Conditions. These Terms and Conditions (or T&C) shall apply to anyone who will get Access to DIAMONDS and visits the DIAMONDS website (or it's subsequent pages).
  3. Governing law. These T&C are governed by the laws of the Netherlands.

3. PURPOSE OF DIAMONDS

  1. DIAMONDS is a generic Data Management and Data Integration Platform for a broad range of Life Science applications. It's content and functionality is organized in diverse projects each with it's specific set of modules. Users can obtain access (via user-groups) to different projects and thereby access different functionality or data content. Without any additional agreement with TNO, Users will only have access to Public Projects, the content of which is granted only for non-commercial use. Commercial use of DIAMONDS and its Data is only permitted via access to Non-Public Projects. Access to such projects will be granted upon the establishment of a seperate agreement.

4. USE OF DIAMONDS AND ITS DATA

  1. A User may only Access DIAMONDS and its Data for any of the purposes as mentioned in Article 3 hereof and provided these T&C are followed.
  2. TNO is not responsible for any use of Data retrieved via the DIAMONDS website directly or indirectly.
  3. DIAMONDS records details about all updates for purposes including detecting and preventing unacceptable use.
  4. Users may not use DIAMONDS or its Data for advertising, direct marketing, marketing research or similar purposes.
  5. A User may not re-package, download, compile, re-distribute or re-use any or all of DIAMONDS or its Data unless he does so only with an insubstantial part of DIAMONDS or its Data or when permission to do so is granted by TNO.

5. CONTROL OF DIAMONDS AND ITS DATA

  1. TNO may correct or delete Data:
    • according to TNO policies
    • to comply with applicable law
    • if so ordered by any competent court
    • to fulfill any legal obligation
    • when a breach of the T&C has occurred
    • for management operations of the Database
    • if any data is inaccurate
    • if any data is entered by someone who is not authorized to do so
  2. TNO may withdraw the service provided hereunder from a User at any time and is entitled, in its sole discretion, to terminate or slow down a User's Access to DIAMONDS and its Data for any reason, particularly a failure to adhere to the T&C.
  3. TNO may suspend Access to DIAMONDS, or part thereof, for maintenance purposes, upgrades, security fixes and deployment of new services without notification of the Users.
  4. TNO may, remove the account of an individual upon request by this individual. TNO will only take such action when convinced that a valid request from the right person is received.

6. RESPONSIBILITIES

  1. TNO does not guarantee the accuracy, or completeness or availability of the Database or of the data contained therein.
  2. The User is responsible for keeping all Data maintained by him accurate and up-to-date.
  3. The User who enters personal data into the Database has a responsibility to inform the individual to whom the data pertains and to obtain his/her explicit consent for the entry in DIAMONDS if required by law.
  4. TNO is not responsible for the use and any issues arising from the use of any Data.
  5. Through the DIAMONDS website you are able to link to other websites which are not under the control of TNO. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
  6. TNO makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

7. LIABILITY

  1. Use. Use of DIAMONDS and its Data is at the User's own risk.
  2. Limitations of liability. TNO is not liable for loss or damage:
    • suffered by another party as a result of application or use of (its part in) the outcome of DIAMONDS or its Data, other than in the event of wilful intent or gross negligence on the part of TNO;
    • arising as a result of the fact that (its part in) the outcome of the T&C cannot be patented or because application of (its part in) the outcome of the T&C infringes third-party rights;
    • resulting from defects in goods supplied to such User, including software, unless and in so far as such User can recover such loss or damage from its supplier.
  3. Indemnification. If a third party asserts a claim against TNO in the context of performance of the T&C regarding loss or damage arising from application or use of DIAMONDS or its Data by any other User or by a third party to whom TNO has made its part in the outcome of the T&C available, the User herewith undertakes to fully indemnify such party and its subcontractors, except in the event of wilful intent or gross negligence on the part of TNO.
  4. No indirect damages. Under no circumstances shall TNO be liable to the User for any indirect, incidental, special, consequential or exemplary damages arising from these T&C, including loss of profits or lost revenues, business interruption or loss of business information, production failure, impairment of other goods or otherwise, even if it has been advised of the possibility of such damages.

8. INDEMNITY FOR IPR INFRINGEMENT CLAIMS

  1. User, at its sole expense, shall:
    • defend any legal proceeding initiated by a third party against TNO to the extent that the proceeding includes a claim that any product or goods provided by User directly infringes such third party's Intellectual Property Rights (a Claim);
    • indemnify TNO against damages and costs awarded by unappealable final judgment in such proceeding to the extent directly and solely attributable to such Claim.

9. INDEMNITY

  1. The User of the Database shall indemnify and hold harmless TNO and its representatives from and defend them against any and all claims and damages relating directly or indirectly to the use of the disclosing party's Confidential Information by the receiving party or by any third party who obtained the same directly or indirectly from the receiving party.

10. MISCELLANEOUS

  1. Term. These T&C shall be effective from date the User receives their login name and password, unless terminated earlier in conformity with the provisions of these T&C.
  2. Conflict with the seperate Agreement. If there is any conflict between the provisions of these T&C and the seperate Agreement, the provisions of the seperate Agreement shall prevail.
  3. Assignment. No User may assign rights or obligations of these T&C without the consent of the other parties, which consents shall not unreasonably be withheld or delayed; except that TNO may, without such consent, on written notice to the other party, assign any of its rights or obligations under these T&C to its Affiliates. Notwithstanding the previous sentence, each party may assign these T&C without the prior consent of the other parties, to a purchaser of all or substantially all of the assets or a business of such party, provided that such assignment is not to a competitor of the other parties in the subject field of these T&C.

11. DISPUTE RESOLUTION

  1. Any disputes arising out of or in connection with these T&C that cannot be settled in an amicable manner between duly authorised representatives of TNO and User shall exclusively be referred to the competent courts of The Hague, the Netherlands.