- Use of Third Party Providers and Services. CMU may use certain third party service providers (collectively “Third Party Providers”) to support portions of the Services. Such Third Party Providers include, but are not necessarily limited to, the provider of the data management platform service for the Repository (the “Platform Provider”). You acknowledge and agree that CMU’s ability to provide and make available the Services is subject to and contingent upon CMU receiving the relevant services from the Third Party Providers.
- Operation Rules. You may not: (i) interfere or attempt to interfere with the proper operation of the Repository or the data management platform service; (ii) attempt to gain or encourage others to gain unauthorized access to the Repository or the data management platform service; (iii) sell, lease, license, assign, transfer, distribute or otherwise charge or encumber or commercially exploit the Repository, the data management platform service, or any part thereof except as expressly permitted; (iv) misuse the Repository (including by hacking or by knowingly or negligently introducing Viruses); or use the Repository in breach of Applicable Law.
- Content Rules. You may not deposit or upload (or post links to) any of the following types of Materials in or to the Repository: (i) abusive, offensive, obscene or pornographic Materials; (ii) false and/or defamatory statements about any person, organization or entity or other statements likely to create liability; (iii) discriminatory or harassing Materials; (iv) Materials which are criminally discriminatory, harassing, derogatory, or that are embarrassing to CMU’s Platform Provider or the Platform Provider’s staff; (v) confidential or commercially-sensitive material that you do not have express authority to disseminate; (vi) any other statement which is likely to create any liability (whether criminal or civil, and whether to CMU or its Platform Provider); (vii) chain mail or junk mail; (viii) Materials in breach of copyright or other Intellectual Property Rights (defined below); (ix) Materials which invade the privacy of any person; or (x) Materials that facilitate criminal activity or violate any Applicable Law.
- No Warranties; Release and Indemnification. NEITHER CMU NOR ANY THIRD PARTY PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPREHENSIVENESS, ERROR-FREE AND/OR VIRUS-FREE OPERATION, OR CONTINUED AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CMU AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER CMU NOR ITS THIRD PARTY PROVIDERS GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND SERVICES MAY BE UNAVAILABLE FOR VARIOUS REASONS (INCLUDING BUT NOT LIMITED TO AS A RESULT OF MAINTENANCE SERVICES BY CMU AND/OR ITS THIRD PARTY PROVIDERS). YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS CMU AND ITS THIRD PARTY PROVIDERS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CMU BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE MATERIALS, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH MATERIALS; OR (3) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CMU SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF THE SERVICES.
- Trademarks, Copyright & Proprietary Information. The Services contain trademarks and copyrighted material owned by CMU, its Platform Provider and/or the any provider of Materials; you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute such materials without written permission from the applicable owner. For purposes of clarification, this prohibition does not prohibit use of any publicly-available Materials under the terms of the specific license under which such Material were deposited.
- Confidentiality and Protection of Access Credentials. You may be given (or required to create) certain user names and/or passwords in order to access some or all of the Services, which could include but is not limited to accounts created under a Deposit Agreement (the “Access Details”). You agree to keep Access Details secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them and not disclose to or share your Access Details with any third party without the prior written consent of CMU (and the consent of CMU’s Platform Provider, to the extent your Access Details enable access to the data management platform service). You agree to notify CMU immediately if you become aware of any unauthorized use or disclosure of your Access Details.
- Digital Millennium Copyright Act. CMU has designated an agent pursuant to the Digital Millennium Copyright Act (“DMCA”) and intends to respond to notices of alleged infringed filed in compliance with the DMCA. See http://www.cmu.edu/iso/aware/dmca/ for information about how to file a notice with CMU pursuant to the DMCA.
b. “Intellectual Property Rights” means patents, trademarks, design rights, trade and business names, rights in trade dress or get up, internet domain names, copyrights (including rights in computer software), goodwill, the right to use and protect confidential information and know-how, database rights, and other intellectual property rights in each case whether registered or unregistered (including all rights to be granted renewals, extensions and rights to claim priority from, such rights and any similar forms of protection) in force which subsist, or will subsist, now or in the future in any part of the world; and
c. “Virus” means any thing or device (including any software, code, file or program) which may prevent, impair, or otherwise adversely affect the operation of any computer software, hardware, network, telecommunications service, equipment or any other thing, service or device.