APPLICATION and TERMS OF USE:
Public Health Agency of Canada's MALDI Spectral Libraries
The National Microbiology Laboratory MALDI-TOF Spectral Libraries (herein after 'NMSL') are mass spectrometer data libraries developed at the National Microbiology Laboratory, of the Public Health Agency of Canada (herein after 'PHAC'). This form includes information pertaining to the Terms of Use that define permissible use of the NMSL.
Terms of Use
The permission granted by the Public Health Agency of Canada to the Recipient Laboratory, including its employees and any other individuals working in the Recipient Laboratory, to use the NMSL is granted subject to the terms and conditions set out herein.
It is the responsibility of the Recipient Laboratory to ensure that all employees and any other individuals working in the Recipient Laboratory using the NMSL are aware of and abide by these Terms of Use.
Ownership, Use and Disclosure of the NMSL
Intellectual property in the NMSL is owned by the Government of Canada. The Recipient Laboratory shall not impeach, or otherwise attack, directly or indirectly, the ownership rights of PHAC in the NMSL nor assist any third party to do so. The Recipient Laboratory will not apply for any intellectual property or other right in the NMSL or any of the data therein, or assist any third party to do so.
Permission to download and save the NMSL is granted for non-commercial, research-use-only purposes. It may not be used for in vitro diagnostic applications, screening, patient diagnosis or patient management.
The NMSL must not be used in any way as to suggest that the Government of Canada or PHAC endorses the results of any use of the NMSL.
Any publications that result from the use of the NMSL will acknowledge the source of the information as follows: "Identification(s) of microorganisms were determined using libraries generated by the National Microbiology Laboratory, Public Health Agency of Canada".
The NMSL is being provided in confidence. The Recipient Laboratory must take reasonable measures to protect against unauthorized use and disclosure of the NMSL.
Other than as permitted in these Terms of Use, the Recipient Laboratory may not provide access or use of the NMSL to any other person or entity without permission by PHAC.
The Recipient Laboratory must notify PHAC, as soon as possible, of any errors or discrepancies they discover in the NMSL.
Upon request by PHAC, the Recipient Laboratory must, within 10 days, destroy all copies of the NMSL in their possession, subject to any applicable retention requirements, and must provide a record of destruction upon request by PHAC.
Limitation of Liability and Disclaimer
The NMSL is provided on an "as is" basis, without either an express or implied warranty of any kind. Use of the NMSL, including any reliance on the NMSL, is at the Recipient Laboratory's own risk. PHAC does not guarantee the accuracy or precision of the NMSL, nor does it warrant that the NMSL is suitable for any purpose whatsoever.
PHAC disclaims all representations, warranties, obligations and liabilities in relation to the NMSL. Under no circumstances shall His Majesty the King in Right of Canada, his Assigns and successors, officers, employees or agents be liable for any claims, actions, injury, loss, damage (including special, direct, indirect, incidental or consequential damages) or expense, including without limitation loss of revenue or profit or savings, lost or damaged data or other commercial or economic loss, arising in any manner whatsoever from (i) the use of or inability to access or use the NMSL, (ii) any lack of availability or delay in availability of the NMSL, and (iii) errors or inaccuracies in the NMSL. This section shall apply whether or not liability results from tort or contract, and whether PHAC knew or ought to have known of the possibility of such damages.
PHAC is not liable for any damage, including damage caused by viruses, to the Recipient Laboratory's computer, computer system, or other property, as a result of access to or use of the NMSL.
Revocation of Permission
PHAC may, without prior notice and without any obligation to provide compensation, revoke access by a Recipient Laboratory to the NMSL, where these Terms of Use have been breached, or false or misleading information has been provided in association with any request to access and use the NMSL.
Severability
If any provision of these Terms of Use is declared by an arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from these Terms of Use and all other terms shall remain in full force and effect.
Governing Law
All matters relating to access to or use of the NMSL shall be governed by the laws in force in the Province of Ontario, Canada, and the laws of Canada applicable therein.
Amendments
PHAC reserves the right to modify these Terms of Use at any time, without advanced notice. Such modifications will be effective immediately upon notice of the change or on such other date as may be specified in the notice.
Agreement to Terms of Use
By accepting these Terms of Use, the Recipient Laboratory agrees to be bound by the terms and conditions of use set out herein.