RGC: MCPS Variant Browser

NOTICE TO OUR READER

This MCPS Variant Browser ("Website") license agreement and terms of use (this "Agreement") is by and between Regeneron Genetics Center LLC ("RGC", "we", "us" or "our") and the individual or legal entity ("Licensee") who is accessing and using the summary statistics data provided through this Website (the "Data"). By accessing, downloading or otherwise using the Website or Data, and by clicking on “ACCEPT & CONTINUE” below, you, Licensee, acknowledge that you have read, understand and agree to be bound by, without limitation or qualification, the terms of this Agreement, and that you read and understand the terms and conditions of Regeneron's Privacy Notice. If Licensee does not comply with the terms of this Agreement, Licensee is not granted permission to use the Website or the Data. Any license granted under this Agreement is subject to all the use restrictions and provisions and disclaimers with respect to ownership of intellectual property, accuracy of information, limitation of liability, indemnification, compliance with laws and other terms set forth below.

1. LIMITED LICENSE We grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sublicensable, license to access and use the Website and the Content (as defined below), including the Data, in accordance with the terms of this Agreement and all applicable laws, provided that such use excludes use of any personal information that may be found on the Website.

Any unauthorized transfer or use by you of the Website or the Content (including any sale of the Data to any third party), automatically terminates the limited license set forth in this Agreement without prejudice to any other remedy provided by applicable law.

Licensee agrees:

• (a) Any public use or disclosure of the Data must cite the associated publication (link to paper), disclose that the RGC and its collaborators (i.e., the University of Oxford, Universidad Nacional Autónoma de México (UNAM) and National Institute of Genomic Medicine in Mexico, with respect to the Data generated from the Mexico City Prospective Study (MCPS)) were the source of the data, and make the following statement: "The Regeneron Genetics Center, University of Oxford, Universidad Nacional Autónoma de México (UNAM), National Institute of Genomic Medicine in Mexico, Abbvie Inc. and AstraZeneca UK Limited (collectively, the “Collaborators”) bear no responsibility for the analyses or interpretations of the data presented here. Any opinions, insights, or conclusions presented herein are those of the authors and not of the Collaborators."
• (b) to include the RGC's and the Collaborators' names on any public disclosure of the Data.

Licensee may not:

• (a) attempt to identify any individuals who are subjects of the Data;
• (b) combine the Data with other data in a manner that could lead to identification of an individual;
• (c) copy or use the Website or the Content in any manner except as expressly permitted by this Agreement;
• (d) use the Website or the Content to directly sell, lease, license or transfer the Website or the Content for monetary or other commercial gain;
• (e) reverse engineer, disassemble, or decompile the Data;
• (f) modify the Website or the Content or frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent;
• (g) use any meta tags or any other "hidden text" utilizing our name or the Trademarks (as defined below) without our express written consent;
• (h) introduce any unauthorized computer code, device, software routines, program or other feature embedded by anyone designed to disrupt, disable, or harm in any manner the operation of the Website, such as (without limitation) any virus, Trojan horse, worm, time bomb, automatic shut down, software lock, drop dead device, malicious logic, trap or back door, botnet, malware;
• (i) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure;
• (j) alter or remove any proprietary notices on the Website or the Content; or
• (k) use or make available the Website or the Content, for any purpose that is unlawful.

Any inadvertent reidentification of any individuals who are subjects of the Data must be reported to the RGC immediately at dataprotection@regeneron.com.

If Licensee is uncertain as to whether Licensee's contemplated use of the Website or the Content is permissible, do not use the Website or the Content and instead contact the RGC for further information by completing the form at https://www.regeneron.com/contact.

2. INTELLECTUAL PROPERTY

All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations (including the Data), and software, and the compilation thereof (the "Content"), is the property of Regeneron, our affiliates (including RGC), our partners/collaborators or our licensors, and is protected by U.S. and international copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Regeneron, our affiliates (including RGC), our partners/collaborators or our licensors, in the U.S. and other countries. All Trademarks not owned by us, our affiliates or our partners/collaborators that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Combined Annotation Dependent Depletion data is used with permission. Any use by commercial entities requires a license from University of Washington. © University of Washington, Hudson-Alpha Institute for Biotechnology and Berlin Institute of Health 2013-2021. All rights reserved.

Except as set forth in the limited license in Section 1 above, or as required under applicable law, the Content, the Trademarks, and any other portion of the Website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in full or in part, for any purpose without our prior written consent.

3. ACCURACY OF INFORMATION

The information on this Website is provided to you for information purposes only. We attempt to be as accurate as possible when providing you with information on the Website; however, to the extent permitted by applicable law, we do not warrant that the Content is accurate, complete, reliable, current or error-free. We reserve the right to add, modify, correct or delete any Content at any time without any notice. We make no commitment, however, to update or correct the Content.

4. LIMITATION OF LIABILITY

THE WEBSITE AND THE CONTENT ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE CONTENT, THE DATA, OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

ALL DATA IS FOR RESEARCH PURPOSES ONLY, AND RGC MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY DATA, INCLUDING ANY REPRESENTATION OR WARRANTY THAT SUCH DATA HAS BEEN GENERATED IN A LABORATORY QUALIFIED UNDER THE CLINICAL LABORATORY IMPROVEMENT AMENDMENTS PROMULGATED BY THE CENTERS FOR MEDICARE & MEDICAID SERVICES. LICENSEE ACKNOWLEDGES AND AGREES THAT ANY DATA CAN ONLY BE USED FOR RESEARCH PURPOSES AND SHALL NOT BE USED FOR THE DIAGNOSIS, PREVENTION, OR TREATMENT OF ANY DISEASE OR IMPAIRMENT OF, OR THE ASSESSMENT OF THE HEALTH OF, HUMAN BEINGS.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.

5. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorney fees, resulting from any third-party claim, action or demand arising or resulting from your use of the Website or the Content.

6. TERMINATION

If Licensee does not comply with the Agreement terms or restrictions, the license to the Website and the Content will automatically terminate, and Licensee will be required to cease use of the Website and the Content immediately.

7. COMPLIANCE WITH LAWS

With respect to RGC's license to, and Licensee's use of, the Website and the Content, Licensee will comply with all applicable local, state, national, and international laws and regulations including without limitation any applicable laws, orders rules or regulations relating to privacy, data protection or cyber security.

8. DISPUTES

With respect to any dispute regarding the Website or the Content, your rights and obligations and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New York, as if the Agreement were wholly entered into and wholly performed within the State of New York. Any dispute relating in any way to your use of the Website or the Content shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in White Plains, New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Waiver of Class, Collective, and Representative Actions: To the maximum extent permitted by applicable law, you agree that no dispute regarding the Website or the Content (“Covered Claims”), may be initiated or maintained on a class action, collective action, or representative action basis either in court or arbitration. This means that you may not serve or participate as a class, collective, or representative action involving Covered Claims either in court or in arbitration. In addition, you may not participate as a plaintiff or claimant in a class, collective or representative action to the extent that the action asserts Covered Claims against us. You further agree that a court of competent jurisdiction, not an arbitrator, must resolve issues concerning the enforceability or validity of the class action, collective action, or representative action waiver set forth above.

Right to Challenge Validity of Arbitration Provisions: You have the right to challenge the validity of the arbitration and waiver of class, collective and representative actions of this Agreement on any grounds that may exist in law and equity, and we reserve the right to enforce these provisions. If, for any reason, the arbitration and/or waiver of class action, collective action, or representative action provisions are held unenforceable or invalid in whole or in part, then a court of competent jurisdiction, not an arbitrator, will decide the claim as to which the provision(s) was held unenforceable or invalid and all other claims will remain subject to arbitration

9. GENERAL

Further terms governing the license and use of the Website and the Content, including but not limited to provisions with respect to third-party links, submissions, representations and warranties, limitation of liability and indemnification, with respect to the Website and the Content are set forth in the Regeneron website Terms of Use available at https://www.regeneron.com/terms (the “Regeneron Terms of Use”), which is accessible from the Website, and are incorporated herein by reference. For purposes of this Agreement, references in the Regeneron Terms of Use (a) to "the Website" and “the Content” shall be deemed to include the Website and the Content, respectively, as defined in this Agreement, and (b) to "Regeneron", "we", "us" or "our" shall be deemed to refer to Regeneron and/or the RGC, as appropriate.

You acknowledge and agree that this Agreement, together with the Regeneron Terms of Use, constitute the complete and exclusive Agreement between us concerning your use of the Website and the Content and supersedes and governs all prior proposals, agreements or other communications.

Nothing contained in this Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between us.

If you have any questions regarding this Agreement, please contact the RGC by completing the form at https://www.regeneron.com/contact.