Terms of Use

CIPRES Terms of Use

1. Description of Service

CIPRES provides a web interface to access phylogenetics and population biology software run on the high end compute clusters provided by the US National Science Foundation. The codes provided are research codes created by researchers within the community, and are described by their creators in peer reviewed publications. These codes are run on large compute clusters within the National Science Foundations ACCESS program. The computational resources accessed are production quality research machines. CIPRES provides this access through a browser based interface which is supported by the infrastructure at the San Diego Supercomputer Center. Access to the CIPRES web site, and the underlying codes and compute clusters will be referred to as the “Service.”

2. License

By using the Service and contents thereof, you consent to a binding, non-exclusive agreement between you and CIPRES wherein your use of the Service is governed by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, you may not access the Service or utilize the contents thereof. Your use of the Service is limited to non-commercial, academic or not-for-profit research. You may not utilize the Service if you are an employee (including part-time employees) or contractor of, or in any way acting on behalf of a for-profit entity or utilizing the Service in furtherance of for-profit activities. Users desiring to use the Service for for-profit activities may apply for a commercial license. Upon your agreement to utilize the Service on the terms described herein, you may use the Service as necessary for your academic and non-profit use. You may create works based on the data and freely redistribute those works. After January 1, 2022, a paid subscription is required to access some portions of the Service.

3. Prohibitions

You may not publicly represent or imply that either CIPRES or its partner, Phoenix Bioinformatics, is participating in, or has sponsored, approved, or endorsed the manner or purpose of your use of the Service. You may not use any trademark or logo of CIPRES or Phoenix without prior written permission from CIPRES or Phoenix. CIPRES does not endorse or recommend any commercial products, processes, or services. You may not use the Service in any unlawful manner or in any manner that would impair the provision of the Service to others or that would compromise the security or functionality of the Service.

4. Provision and Termination of Service CIPRES does not represent that access to the Service will be available on a continuous basis or that the Service will be made available on any specific platform or program. CIPRES provides access to the Service at its own discretion, and the Service may be taken offline or made unavailable by CIPRES at any time, for any amount of time. CIPRES will provide technical support to the extent possible within staffing limitations. CIPRES reserves the right to suspend or terminate your account or cease providing you with all or part of the Service at any time for any reason, including, but not limited to, a reasonable belief that: (i) you have violated these Terms of Use, (ii) you create risk or possible legal exposure for CIPRES. CIPRES may, at its sole discretion, discontinue providing the Service to any and all users. In the event of any termination of your access to the Service by CIPRES, all licenses granted to you will terminate, including, without limitation, your license to access and use the materials of the Service. All other terms and conditions of this Terms of Use will remain in force.

5. Privacy

CIPRES will use reasonable efforts to protect the privacy of users and any personally identifiable information collected from users. By providing your email address on the CIPRES registration, you consent to your name and email address being added to the CIPRES user database, and it may be used by CIPRES staff to contact you, should contact be required. For planning, scientific review, and marketing purposes, CIPRES will keep records of usage for the purpose of compiling aggregate usage information. Logs of usage may also be maintained for the purposes of monitoring and improving services or measuring the impact of a particular function on our resources. You hereby consent to the use of a Google Analytics cookie or similar monitoring tool which collects usage data regarding your use of the Service. You will be required to supply a unique username and password along with a valid email address, institution and country of your institution for account registration. CIPRES and its partner, Phoenix Bioinformatics, will not store or record any credit card, debit card, bank account, or any other form of payment account information on its servers. Any electronic payments collected in return for your access of the Service or are made through a third-party payment service outside of CIPRES and Phoenix Bioinformatics web site, such third party being solely responsible for the security of your payment information. CIPRES may share aggregate information or individual information that does not personally identify a user with third parties without restriction. One such third party is Google Analytics, which CIPRES may utilize in order to understand how users are using the Service. Other than the directory services described herein, CIPRES will only disclose individually identifiable personal information about its users under the following restricted circumstances: • as required by court order or by law; • as required to perform or enforce the Terms of Use, including investigation of potential violations thereof; • in order to detect, prevent, or otherwise address fraud, security or technical issues; • in order to respond to your support requests; • in order to protect the rights, property or safety of CIPRES, its users and the public; and/or • as necessary to enable third parties such as contractors to facilitate assistance in operating the Services, provided all such third parties agree in writing to keep this information confidential.

6. No Warranties, Limitations on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: • YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CIPRES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF DESIGN, ACCURACY OF THE INFORMATION CONTAINED IN THE SERVICE, MERCHANTABILITY OR FITNESS OF USE FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE LICENSED SOFTWARE AND COMPUTE RESOURCES ARE SUPPLIED ‘AS IS’. • CIPRES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATA SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, DATA, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. • ANY MATERIAL OBTAINED FROM THE SERVICE IS ACCESSED AND UTILIZED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CIPRES OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNDER NO CIRCUMSTANCES WILL CIPRES BE LIABLE TO YOU OR ANY OTHER PERSON, FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE SERVICE BY YOU.

7. Governing Law, Jurisdiction, Remedies

Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of CIPRES, all of which are specifically reserved. These Terms of Use will be interpreted under and governed by the laws of California (United States) excluding any laws that might direct the application of the laws of another jurisdiction. Each party waives all rights, if any, arising under the United National Convention on Contracts for the International Sale of Goods, and all rights of application or appeal, if any, to non-U.S. courts in connection with any question of law. Any litigation arising from these Terms of Use or your use of the Service will be undertaken in California courts or Federal Courts located in California, and each party consents to such jurisdiction. Each party shall be entitled, without waiving any other rights or remedies, to injunctive or other equitable relief. You hereby acknowledge that the business of CIPRES is dependent upon maintaining CIPRES proprietary rights in and control of the Service, and that any unauthorized furnishing of access to the Service constitutes a fundamental breach of these Terms of Use, in which event, CIPRES will be entitled to immediate injunctive relief and the immediate removal of all electronic copies of the Material and Data held by you (or your unauthorized transferees) without prejudice to any other rights or remedies to which CIPRES may be entitled.

8. Changes to Terms of Use

These Terms of Use may be amended by CIPRES from time to time at our sole discretion, without notice to you or other users. Please periodically review the controlling version of these Terms of Use. By continuing to use the Service subsequent to CIPRES making available an amended version of these Terms of Use, you acknowledge, agree and consent to such amendment.

9. General Provisions

CIPRES reserves the right to develop products or services that may compete with products or services that you offer. Each party will comply with all applicable laws. CIPRES reserves the right to take any actions necessary in order to comply with applicable laws or court orders in any jurisdiction. These Terms of Use make up the entire agreement between you and CIPRES and supersede any prior written or oral agreements related to the subject matter hereof. If any provision of the Terms of Use is unenforceable, it will not affect the other Terms of Use, which shall remain in full force and effect. A waiver of any provision or breach shall not be deemed to be a waiver of any other provision or breach. These Terms of Use do not create any third party rights. You may not assign or otherwise transfer its rights hereunder without the prior written consent of CIPRES, and any transfer to the contrary shall be null and void. CIPRES reserves the right to transfer all of its rights and obligations under these Terms of Use, including ownership and/or operation of CIPRES and/or the Service, to another entity in the event of a merger, joint venture, dissolution, or other corporate restructuring. Download You can download this Terms of Use Agreement as an Acrobat PDF.