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SUNY UPSTATE MEDICAL UNIVERSITY INSTITUTIONAL RESEARCH DATA REPOSITORY TERMS OF USE 

Use and Acceptance.

These terms of use (“Terms of Use”) govern your access to and/or use of the SUNY Upstate Medical University (“UMU”) Institutional Research Data Repository (the “Repository”), along with any and all articles, presentations, posters, papers, data, computer code, images, sounds, and any other kind of materials or information of any kind made available on or through the Repository (collectively, the “Materials”). By accessing and/or using the Repository and/or any Materials (collectively, the “Services”), including, but not limited to, by making deposits to the Repository), you agree to comply with these Terms of Use. 

Modifications.

UMU may modify these Terms of Use from time to time without notice to you. Any modifications to the Terms of Use shall become effective immediately upon posting.   By making use of the Repository after such modification, you are agreeing to the modified Terms of Use then in effect.

Authorized Uses of the Repository.

You may access and use the Services solely for your personal, non-commercial educational purposes consistent with any and all applicable laws and with these Terms of Use.  However, with respect to any Materials you access through the Repository, your access and use of such Materials are subject to the specific license terms under which such Materials were deposited.  

 Use of Third Party Providers and Services. 

 UMU 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 platform service for the Repository (the “Platform Provider”).  You acknowledge and agree that UMU’s ability to provide and make available the Services is subject to and contingent upon UMU 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.

 Non-Endorsement. 

 The Repository hosts content from a number of authors. You acknowledge that the statements and views of these authors are theirs alone, and do not reflect the stances or policies of the SUNY Upstate Medical University or their sponsors, nor does their posting imply the endorsement of SUNY Upstate Medical University or their sponsors.  

 No Warranties; Release and Indemnification. 

NEITHER UMU 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 AND MATERIALS. THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UMU AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER UMU NOR ITS THIRD PARTY PROVIDERS GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES AND MATERIALS, AND THE SERVICES AND MATERIALS MAY BE UNAVAILABLE FOR VARIOUS REASONS (INCLUDING BUT NOT LIMITED TO AS A RESULT OF MAINTENANCE SERVICES BY UMU AND/OR ITS THIRD PARTY PROVIDERS). YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS UMU 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 EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL UMU BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SERVICES OR THE MATERIALS; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE MATERIALS, OR (4) FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH MATERIALS.

Termination or Suspension of Your Access and/or the Services. 

UMU may, under certain circumstances, terminate or suspend your account and/or access to the Services.  Reasons for such termination shall include, but not be limited to: (i) violations of these Terms of Use (including but not limited to violations of any terms or other agreements incorporated by reference into these Terms of Use); (ii) requests by you (e.g. self-initiated account deletions); (iii) discontinuance of and/or material modification to the Services, including but not limited to any termination or suspension of services from Third Party Provider; (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; and/or (vi) requests by law enforcement or other government agencies.  In addition, UMU’s Platform Provider may, from time to time in its reasonable discretion, suspend or withdraw your access rights to the Services.  You may request termination of your account by providing notice to [email protected].

Removal of Materials. 

If UMU determines that the terms of service have been violated, it may limit or remove access to the deposited Material in question, leaving descriptive metadata and a notice to explain the reason for the removal.

Trademarks, Copyright & Proprietary Information.

The Services contain trademarks and copyrighted material owned by UMU, 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.  

Access credentials are maintained by and subject to SUNY Upstate Medical University’s Computer and Information Systems Acceptable Use Policy, UW I-05.

Miscellaneous. 

These Terms of Use (which include the UMU’s Information Security Policy, UW I-6, constitute your entire understanding with UMU regarding your use of and access to the Services. If any such terms are declared illegal or unenforceable, the remaining terms will remain in full force and effect. UMU’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  The section headings in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.  Any claims relating to these Terms of Use are governed by the laws of the New York without regard to its conflicts of law provisions and by using the Services, you consent to personal jurisdiction in the federal and state courts serving Onondaga County, New York as the exclusive legal forum for any claims of any kind relating to the Services and/or the Terms of Use.   The Services are not provided to, and may not be used by, any person or entity in any jurisdiction in violation of applicable laws, rules or regulations.  Therefore, the Services may not be available to all persons or entities in all jurisdictions.