Welcome to XTractor, an integrated database of information dealing with Proteins, Drugs, Diseases, Biological Process and their relationships assembled, developed and produced by Molecular Connections Pvt. Limited, Bangalore, INDIA (here onwards referred as "MC").
Your access and utilization of this free version are subject to the Terms of Use (ToU) described herein and to applicable laws. By accessing to the free version, you are accepting, without any restriction, the present Terms of Use. These ToU shall constitute a legally binding agreement between you and MC.
The rights in and to XTractor (excluding information contained therein obtained from third parties), vest in MC.
If you are an academic non-profit institution or a commercial user using the Free version of XTractor, please read the following Terms of Use carefully because they apply to your access to and use of XTractor. In these ToU you shall be referred to as "Freely Registered User".
1. Subject to the terms and conditions of these ToU, MC grants the Freely Registered User a non-exclusive, non-transferable and non-sublicenseable license to access and use XTractor via the World Wide Web only, through the www.xtractor.in website (the "Website").
2. No license is granted hereunder to any enhancement or update of or to the Service.
3. Freely Registered User may not sell, lease, rent, sublicense, assign, export or transfer in any other manner the Service 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.
4. The Service is provided free of charge to academic non-profit institution or a commercial user.
5. The license granted hereunder shall become effective on the date Freely Registered User first accesses the Service and remains in force until terminated as provided in these ToU.
6. MC may modify the Service and/or the Website, including, without limitation, by the removal, reduction or addition of functionality or content; and/or discontinue, temporarily or permanently access to or use of the Service and/or the Website; and/or change and amend these ToU as provided in clause 19 below, including, without limitation, by adding terms that MC may be required to "pass through" to Freely Registered User as a result of a separate agreement between MC and a third party.
7. Although steps have been taken to prevent unauthorized alterations or modifications to the Service and the Website, security mechanisms implemented for the Service and the Website have inherent limitations. MC expressly disclaims any warranty that queries to the Service and/or the Website and other information which Freely Registered user transmits over the World Wide Web will be protected from third party access. Any loss or damage caused to the Freely Registered user arising out of or in connection with the access to and/or use of the Service and/or the Website will be borne exclusively by User, and Freely Registered user agrees that MC nor any of their respective directors, offices or employees shall have any liability for any such loss or damage.
8. Notwithstanding that the access to and use of the Service is currently free of charge and requires registration, in consideration for the License, MC may require Freely Registered user to provide certain information to MC. If so requested, Freely Registered user agrees to: (i) provide true, accurate, current and complete information about Freely Registered user as required (such information, the "User Information"), and (ii) maintain and promptly update the User Information on the Website to keep it true, accurate, current and complete. If MC requests Freely Registered user to provide User Information and Freely Registered user provides such information that is untrue, inaccurate, not current or incomplete, or if MC has reason to believe the same, then MC shall have the right to suspend or terminate the license granted hereunder and to refuse to provide Freely Registered user with any current or future access to and use of the Service.
9. Molecular Connections reserves the right to use the name of the Organization or the Institution the Freely Registered User represents for promotional / marketing purposes of XTractor Free version.
10. MC shall not provide (or be obligated to provide) Freely Registered user with any support relating to the use of the Service, except for online documentation contained in the Service.
11. The Service and/or the Website may provide links to other World Wide Web sites or resources. Neither does MC endorse or are responsible for any data, software or other content available from such sites or resources or their privacy policies. Freely Registered user acknowledges and agrees that MC 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. Freely Registered 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.
12. FREELY REGISTERED USER ACKNOWLEDGES THAT THE SERVICE, INCLUDING WITHOUT LIMITATION, THE DATABASE OF INFORMATION CONTAINED THEREIN, IS EXPERIMENTAL AND ACADEMIC IN NATURE, AND IS NOT LICENSED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY BODY.
13. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. MC MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR THE WEBSITE, 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, MC DOES NOT WARRANT THAT THE SERVICE WILL MEET USER'S REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE FREE OF INFECTION OR VIRUSES, ERROR-FREE, UNINTERRUPTED, SECURE OR WILL PRODUCE ACCURATE RESULTS. FREELY REGISTERED USER SHALL BEAR TOTAL AND EXCLUSIVE RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICE. FREELY REGISTERED USER SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO USER'S COMPUTER SYSTEMS OR LOSS OF DATA.
14. FREELY REGISTERED USER AGREES THAT MC AND THEIR 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 WITHOUT LIMITATION, USER), THAT DIRECTLY OR INDIRECTLY ARISE OUT OF OR RESULT FROM USE OF THE SERVICE BY USER, BREACH OF THESE ToU BY FREELY REGISTERED 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.
15. Freely Registered user agrees to indemnify and hold the Indemnities harmless from and against any Claims as referred to in clause 13 above.
16. The license granted hereunder will automatically terminate if Freely Registered user does not comply with these ToU. Either MC or Freely Registered user may terminate the license granted hereunder and these ToU (as between MC and the Freely Registered User) without notice, at any time, for any reason. Upon any termination of the said license and these ToU, User's right to use the Service shall immediately cease. The provisions of clauses 12, 13 and 14 above and clauses 16 and 17 below shall survive the termination of these ToU.
17. Freely Registered user acknowledges and agrees that the Service, including, without limitation, text, data, compilation, software, sound, photographs, video, graphics or other material contained in or presented to Freely Registered user as part of the Service and the arrangement thereof, and any MC software used in connection with the Service, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Freely Registered user shall not copy, reproduce, distribute or create derivative works of or otherwise modify the Service or any part thereof.
18. 1.Freely Registered user agrees not to reverse engineer, recompile, disassemble, copy or otherwise attempt to discern the source code of any component of the Service. MC reserves the right to terminate any CPU intensive processes. Freely Registered user may not mount an attack against the Service, attempt to gain root access, or conduct any other activity intended to disrupt the Service.
19. Freely Registered user may not assign or transfer User's rights under these ToU. MC may assign all or any of its rights and obligations under these ToU to any third party without User's consent. These ToU will inure to the benefit of and be binding upon the successors and assignees of MC.
20. Changes and amendments to these ToU shall be published on the Website and become effective upon the date of publication. Freely Registered user will not receive a personal notice of such changes and amendments. Freely Registered user agrees to monitor the Website regularly for notices of such changes. By continuing to access and/or use the Service after such changes and amendments become effective, Freely Registered user shall be deemed to have accepted the modified ToU.
21. These ToU shall be governed by and construed in accordance with the laws of IPC, Govt. of India, without regard to or application of choice of law rules or principles. Freely Registered user hereby consents The parties irrevocably agree that the courts of India have exclusive jurisdiction over any dispute which may arise out of or in connection with these Terms and Conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Indian courts.
22. INTELLECTUAL PROPERTY The content and design of this free version and any material e-mailed to you or otherwise supplied to you in conjunction with the XTractor Free version are copyright of Molecular Connections Private Ltd., also doing business under Molecular Connections Private Ltd., and its licensors.
23. Such material may not be reproduced or downloaded without the written permission of Molecular Connections Private Ltd. except for personal use. Moreover, without limiting the generality of the foregoing, it is forbidden to reproduce, alter, modify, adapt or incorporate the content of this free version , in whole or in part, for use in other documents or in another website, or to distribute or transmit it to the public by any means, including, without any limitations, through any newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network, in electronic or print form, without the prior written authorization of Molecular Connections Private Ltd. It is also forbidden to remove the copyright, trade-mark or other proprietary notice from any copies of the free version made under these terms.
24. MC SHALL NOT BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM A THIRD PARTY'S USE OR INABILITY TO USE THIS WEBSITE.