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TERMS AND CONDITIONS

WEBSITE

Website Ownership

The website cancergenomeinterpreter.org is owned by FUNDACIÓ INSTITUT DE RECERCA BIOMÈDICA (IRB BARCELONA), hereinafter referred to as IRB BARCELONA, with registered address at C/Baldiri Reixac 10-12, 08028 Barcelona, VAT number G63971451, duly registered in the Registry of Foundations of Catalonia under number 2245.

You can contact our Customer Service at info@irbbarcelona.org, where you can reach out at any time, and we will be at your disposal to assist you as soon as possible.

Purpose and Scope of Application

The General Terms and Conditions described below define the rights and obligations within the framework of your website and interactions between IRB BARCELONA and its users. These conditions must be read carefully before using this website.

Simply navigating this website, as well as using the services offered, implies the acceptance of each of the established conditions at all times.

Information Provided on Our Website

At IRB BARCELONA, we make every effort to ensure that the services offered on our website are described accurately and precisely. However, the visual (images) or written information and data included in each service are for informational and guidance purposes only, and therefore IRB BARCELONA shall not be held responsible for any errors in such information.

We reserve the right to modify the Terms and Conditions. Any new version of these will be indicated beforehand. In the event that any term of the Terms and Conditions is declared illegal or unenforceable by a court decision, the other provisions shall remain in force.

Referral to Third-Party Websites

IRB BARCELONA has no control over the content of such sites, and in any case, is not responsible for the accuracy of such information and its use. IRB BARCELONA will not exercise any control over such sites and content. Likewise, it will not be responsible for damages caused by the use of such links or the information contained therein, even when expressly informed of the possibility of damages. Links to third-party sites do not imply endorsement of content by IRB BARCELONA.

Such links are provided solely to inform the User about the existence of other sources of information or commercial interest. If you believe it is necessary to remove any link to your site, please contact us by sending an email to dataprotection@irbbarcelona.org.

Website Use

Users can register their account through the website, via the 'Login' section:

Login

Through this section, users can register on the platform, access their account, and modify their password. To register as a user of the platform, it will be necessary to provide a contact email and a password.

Security Measures and Personal Data Protection

This website is protected with security systems and complies with all legal measures provided for the security of systems and data stored therein. Personal data stored is properly protected in accordance with the regulations on security measures. You can consult our privacy policy by clicking here.

LICENSE

Project

The Cancer Genome Interpreter (CGI) project develops a tool that allows a systematic and improved interpretation of tumor genomes, designed to support the identification of tumor alterations driving the disease and/or that may be therapeutically actionable.

CGI is based on computational methods - silicon-based saturation mutagenesis of cancer genes (BoostDM and OncodriveMut) - as well as knowledge collected from the public domain to annotate alterations in a tumor according to various levels of evidence.

Data Processor

In accordance with Regulation 679/2016, to the extent that users utilize the Cancer Genome Interpreter (CGI) tool, authorized users who use it will be considered data controllers for the personal data that may be processed, and IRB BARCELONA will act as data processor for them, in accordance with the provisions of the data processing agreement signed between the users and IRB BARCELONA.

Terms of use of the tool

By using the Cancer Genome Interpreter (CGI) tool, authorized users will obtain an exclusive and non-transferable license to use it solely for academic or scientific research purposes.

Prohibited Uses of the Tool

Through the use of the Cancer Genome Interpreter (CGI) tool, authorized users are not allowed, under any circumstances, to:

  • Grant, sublicense, resell, transfer, assign, communicate, or otherwise transmit, directly or indirectly, to unauthorized third parties the use of the Software of the tool in whole or in part.
  • Make modifications to the Software in whole or in part.
  • Use the Software in conjunction with other malicious programs that could alter, adapt, or modify the software subject to this license (in which case damages may result).
  • Perform reverse engineering or similar acts to access the source code.
  • Create a product or service similar to the Software that integrates the Software, whether in whole or in part, and that is competitive.
  • Copy ideas, features, functions, or elements of the Software, whether in whole or in part.

In any case, the use of the Software by the Licensee for internal or external commercial purposes towards third parties is strictly prohibited, as well as for any other purpose that is not one of those described in the preceding paragraph.

Backup Copies

Authorized users are only permitted to create one backup copy of the Cancer Genome Interpreter (CGI) tool, provided that the backup is made for the purposes established in this clause. The backup copy is not used for unauthorized distribution purposes.

Updates

The authorized users agree to periodically, every 6 months, generate and provide the IRB BARCELONA with a report regarding the usage statistics of the Cancer Genome Interpreter (CGI) tool.

Audit

Through this license, authorized users agree that, upon written notice with five days' advance notice, IRB BARCELONA may conduct an audit regarding the use of the Cancer Genome Interpreter (CGI) tool by authorized users. Authorized users commit to cooperating, providing reasonable assistance, and granting access to the requested information during the audit. Such audit will be limited to the use of the tool. IRB BARCELONA will not access, under any circumstances, the systems where the tool is installed or located.

Intellectual Property

IRB BARCELONA holds all intellectual and industrial property rights regarding the Cancer Genome Interpreter (CGI) tool. This license does not constitute any act of sale or transfer of the rights that IRB BARCELONA may hold in favor of authorized users. Furthermore, IRB BARCELONA owns the trademark "CANCER GENOME INTERPRETER" associated with the Software. Authorized users must acknowledge the ownership of IRB BARCELONA's intellectual and industrial property rights over the tool . They must display the IRB BARCELONA logo on the webpage providing access to the tool, as well as a notice referencing the following: "Cancer Genome Interpreter is included under license from IRB BARCELONA, ICREA, and UPF. All rights reserved”.

Confidentiality

Authorized users agree to maintain the confidentiality of the source code and not to disclose it or allow unauthorized access to it by third parties.

Specifically, authorized users agree not to distribute the source code in whole or in part to anyone other than employees and developers of the organization they are part of, as well as third-party contractors working on their behalf who need to know it for the purpose of use.

Authorized users will be responsible for any infringement of intellectual property rights that occur or may arise from their non-compliance or that of third parties under their responsibility.

FREQUENTLY ASKED QUESTIONS (FAQs)

Users have access to the FAQ section, which contains answers to the most common questions about using the platform: FAQ Section.

WAIVER AND INVALIDITY

No waiver by IRB BARCELONA of any specific legal right or action, or the failure of IRB BARCELONA to enforce strict compliance by the User with any of its obligations, will constitute, either expressly or by implication, a waiver of other rights or actions arising from a contract or the Conditions, nor will it release the User from fulfilling its obligations.

No waiver by IRB BARCELONA of any of these Conditions or of the rights or actions arising from a contract will take effect unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing. If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the remaining clauses will remain in force, unaffected by such declaration of nullity.

DATA PROTECTION

To comply with the General Data Protection Regulation (2016/679), we provide the following basic information on data protection.

  • Data Controller: FUNDACIÓ INSTITUT DE RECERCA BIOMÈDICA (IRB BARCELONA)
  • Purpose of the processing: Register users who access the Cancer Genome Interpreter (CGI) database.
  • Legal basis: User consent (Article 6.1.a GDPR).
  • Recipients: Your data will not be disclosed to third parties except to fulfill legal obligations.
  • Data protection rights: Access, rectification, erasure, portability, restriction of processing, and objection to processing, by emailing: dataprotection@irbbarcelona.org.

RESPONSIBILITIES AND APPLICABLE LAW

The contents of the cancergenomeinterpreter.org website are purely informative, and therefore IRB Barcelona cannot be held responsible for damages resulting from improper use of the products marketed.

IRB Barcelona's liability will be limited, in any case, to the direct consequences of its activity and will not be compromised by mere errors or omissions that may have occurred, provided that all necessary precautions have been taken. IRB BARCELONA will not be held responsible for indirect damages, loss of business, or lost profits incurred by any means.

In general, IRB Barcelona will not be held responsible for any breach or delay in the fulfillment of any of the assumed obligations, when such breach or delay is due to events beyond our reasonable control, that is, due to force majeure, which may include, but is not limited to:

  • Strikes, labor disputes, or other industrial actions.
  • Civil unrest, riot, invasion, threat or terrorist attack, war (declared or not), or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
  • Inability to use trains, ships, airplanes, motor transport, or other means of transport, whether public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Thus, the obligations will be suspended during the period in which the force majeure continues, and IRB Barcelona will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure. IRB Barcelona will make every reasonable effort to find a solution that allows us to fulfill our obligations despite the force majeure.

These Terms and Conditions are established in Spanish and will be executed and interpreted in accordance with Spanish law, to which the parties expressly submit.