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These Terms of Use (the "Terms") govern your access to and use of the website located at https:/insight.olink.com (together with any subdomains, software and content contained therein, the "Website"). The Website is the property of and is managed and provided by Olink Proteomics AB, a limited liability company incorporated under the laws of Sweden (corp. reg. No 559046-8632). Olink Proteomics AB is hereinafter referred to as the "Provider". These Terms limit Provider's liability and obligations to You, impose certain obligations on You, allow Provider to suspend or terminate your access to and use of the Website, and provide you with other important information with respect to the provision and use of the Website.
BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE REQUIRED TO IMMEDIATELY DISCONTINUE YOUR ACCESS AND DESIST FURTHER USE OF THE WEBSITE.
Provided that You comply with these Terms, the Provider grants You a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Website for the intended purpose.
Certain features or services offered on or through the Website may require You to create a user account. You are entirely responsible for maintaining the confidentiality of Your account information, including Your password, and for any and all activity that occurs under Your account. You agree to notify the Provider immediately of any unauthorised access or use of Your account, or of any other breach of security or confidentiality. You may not use another person's account without the prior consent of the account holder. The Provider disclaims any liability for any loss or damage arising from Your failure to comply with these obligations, including from Your failing to keep Your account information secure and confidential.
Except for Proteomics Data, all information, suggestions, ideas and other contributions provided to the Provider outside of an existing and documented business relationship is considered non-confidential and unrestricted by copyright. By providing such information to the Provider or by publishing such information on or through the Website, including on or through a user account, You, represent that you have the right to share that material or information, and grant the Provider an unlimited and irrevocable right to use, reproduce, display, perform, modify, transmit or distribute such material and information free of charge. You also agree to the Provider's unrestricted right of use (including the right to modify and transfer to third parties) of any ideas, concepts, know-how or technology that You submit to the Provider or which you publish on or through the Website, including on or through a user account, for any purpose. You represent and warrant that (a) you will not make misrepresentations about your identify or account information, (b) that any information you provide in connection with the use of the Website is and will remain current, accurate and complete, (c) that you will maintain and update such information as needed, and (d) your submission of information through the use of the Website is governed by Provider's Privacy Policy (https://olink.com/legal/privacy-policy), Provider's Cookie Notice (https://www.thermofisher.com/se/en/home/global/how-cookies-are-used.html), and to the extent You upload Personal Data as defined in the Olink Data Processing Agreement ("DPA") to the Website for Provider's services as Data Processor prior to entering into a written agreement, these Terms of Use incorporate the Olink DPA.
"Proteomics Data" is data derived from biological samples generated by You outside of the Website and uploaded to the Website only for Your use within the Website. No ownership or rights to Proteomics Data shall be transferred to Provider by using or uploading Proteomics Data to the Website. You represent that You have the right to upload the Proteomics Data to the Website and that you will assume all responsibility and liability arising out of You uploading and using the Proteomics Data to the Website. You are responsible for any and all liabilities arising out of Your use of Proteomics Data in connection with the Website.
Unless stated otherwise herein, any and all intellectual property rights in and to the Website and in and to the contents on the Website, except for Proteomics Data, are owned by and vested in the Provider or its licensors. Nothing on the Website or in these Terms shall be construed as a transfer of or grant of license to any intellectual property rights.
All text, graphics, user interfaces, computer code, photographs, trademarks, logos and similar content contained on the Website (collectively "Content") are owned or licensed by the Provider, and are protected by intellectual property rights laws, unless otherwise explicitly stated. The Provider and its licensors retain any and all intellectual property rights in and to the Content. Except as expressly provided herein or on the Website, no part of the Website and no Content may be copied, reproduced, republished, uploaded or distributed in any way or manner without the Provider's prior written consent.
The ownership in and the copyright to any software which is available for download on the Website is owned and held by the Provider or its licensors or its third party suppliers, including, if applicable, any Publicly Available Software ("Downloadable Software"). Provider hereby disclaims any and all liability and any and all warranties, including implied warranties or terms regarding merchantability, fitness for a particular purpose or non-infringement with respect to any Downloadable Software.
You acknowledge and agree that any reproduction or further distribution of any Downloadable Software in violation of the relevant license requirements may result in prosecution and legal penalties.
These Terms of Use incorporate the Olink Data Processing Agreement ("DPA") when you use the Website to upload Personal Data (as defined in the DPA) under Your user account pursuant to a primary agreement for Olink's services as Data Processor.
It is acknowledged that the Website and/or the Downloadable Software may include Publicly Available Software (as defined below), and hence it is agreed that for any parts of the Website and/or the Downloadable Software to which such Publicly Available Software applies, the terms and conditions of such Publicly Available Software shall apply in lieu of these Terms. A list of applicable Publicly Available Software and their governing licenses from time to time is available at https://insight.olink.com/licences.txt. It is acknowledged that the terms of such governing licenses may be changed by the relevant rights-owner at any time. It is explicitly acknowledged and agreed that any such change of terms shall be without liability for the Provider towards You.
For the purpose of these Terms, "Publicly Available Software" shall mean any software that requires as a condition of use, modification or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; or (c) be redistributable at no charge.
While using the Website, You may not (i) disable any security-related features on the Website, or disable features that prevent or restrict the use of or the ability to copy Content on the Website, (ii) modify, damage or hack the Website, (iii) share or publish offensive or illegal Content, (iv) offend or harm another person, (v) collect any contact details for purposes of sending spam, (vi) share or publish copyrighted material without the permission of the copyright holder or otherwise infringe any third party's copyright, trademark or other rights, or (vii) otherwise act in violation of applicable law.
The content of the Website does not constitute medical advice and cannot be used for clinical and/or diagnostic decision making. The technology used to provide the data does not have any specific regulatory approval for diagnostic or clinical use.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You further agree that You will not take any action that directly or indirectly imposes a disproportionately large load on the infrastructure of the Website and You agree not to use any device, software or process to interfere or attempt to interfere with the proper working of the Website or with any other person's use of the Website.
In the event of violation of the foregoing limitations, the Provider may, in whole or in part and at any time and for any duration, restrict Your access to and use of the Website. The foregoing shall be without prejudice to any other rights available to the Provider, including seeking legal action.
The Provider does not guarantee that the Website, Downloadable Software or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that Your use of the Website will provide specific results. The Website and the Content are delivered on an as-is and as-available basis. All information provided on the Website is subject to change without prior notice. The Provider cannot ensure that any files or data that You download from the Website will be free of viruses or contamination or destructive features. The Provider disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. The Provider disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to Your use of the Website. You assume total responsibility for Your use of the Website. Your sole remedy against the Provider for dissatisfaction with the Website or the Content is to stop using the Website or any such Content.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, negligence or any other cause of action.
The Provider makes no warranties with respect to other websites or applications which may be accessed through the Website. References or links to other websites or applications do not imply that the Provider supports the use of or assumes any liability for the contents or use of such websites or applications, the liability for which is hereby explicitly disclaimed.
The Company shall not be responsible and shall have no liability with respect to any Content or Proteomics Data uploaded by You or any other user, including any legal implications of such uploaded Content or Proteomics Data.
You agree to indemnify and hold the Provider harmless from any demands, loss, liability, claims or expenses (including attorney's fees) made against the Provider by any third party due to or arising out of or in connection with Your use of the Website.
To the extent permitted by law, the Provider will in no event be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Provider has been advised of the possibility of such damages.
To the extent permitted by law and notwithstanding anything to the contrary in these Terms, the Provider's liability for any damage or loss which arises out of or in connection with the use of the Website or any Content shall in no event exceed EUR 1,000 or the total amount of any fees with respect to any service or feature provided through the Website paid by You to the Provider in the six (6) months prior to the date of the initial claim made against the Provider, whichever is less.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forfeited.
The Provider reserves the right to change these Terms and to change the information on the Website at any time and without prior notice. In the event of changes to these Terms, the Provider will publish the amended Terms on the Website, at which point the amended Terms will take effect (unless otherwise specified). Furthermore, the Provider reserves the right to make changes to its range of products and services available on the Website at any time, including the prices of such products and services.
All matters relating to Your access to or use of the Website, including all disputes, will be governed by the laws of Sweden without regard to its conflicts of laws provisions. Any dispute, controversy or claim arising out of or in connection with Your access to or use of the Website shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden.
These Terms constitute the entire agreement between You and the Provider regarding Your use of the Website, and any and all other written or oral agreements or understandings previously existing between You and the Provider with respect to such use are hereby superseded and cancelled.
If You have any questions regarding these Terms or regarding the Website, please contact insight-admin@olink.com.