This CRISPResso2 SaaS Access Agreement (the "Agreement") applies to the access and use of the CRISPResso2 genome editing analysis software made available under a software-as-a-service model by Edilytics Inc. ("Edilytics") to the individual or entity accessing such software ("You"). By accessing or using the Edilytics Technology (defined below), you attest that you (a) are an academic researcher using the Edilytics Technology solely for non-commercial, academic research purposes; and (b) that you agree to be bound by the terms of this Agreement.
Edilytics Technology. The technology we grant you access to pursuant to this Agreement (the "Edilytics Technology") includes all executable computer programs and related Edilytics-provided CRISPResso2 content that you access online and that is hosted by or on behalf of Edilytics at https://crispresso.com, https://crispresso2.com, https://crispresso.pinellolab.org, or https://crispresso2.pinellolab.org (the "Website"). Downloadable versions of CRISPResso2 are governed by separate terms located in the applicable download repositories.
Use of the Edilytics Technology. Edilytics grants you a non-exclusive, non-transferable, non-sublicensable and royalty-free right to privately access and use the Edilytics Technology in accordance with the terms of this Agreement solely for lawful non-commercial, academic research purposes. Edilytics does not guarantee the continued availability of the Edilytics Technology (or any feature), and may modify, suspend, or discontinue the Edilytics Technology at any time. All rights not expressly granted in this Agreement are reserved by Edilytics.
Restrictions. You must ensure that your activities with the Edilytics Technology do not: (a) reverse engineer, decompile, disassemble, decode, or otherwise attempt to discover the proprietary source code or underlying ideas or algorithms of the Edilytics Technology; (b) copy, modify or create derivative works (as defined under U.S. copyright laws) based on the Edilytics Technology; (c) violate any applicable law or regulation; (d) result in the Edilytics Technology being copied, rented, sold, licensed, sublicensed, assigned, distributed, published, transferred, leased or otherwise made available; (e) use the Edilytics Technology on behalf of any third party, (f) submit the output of the Edilytics Technology to any regulatory body (e.g., United States Food and Drug Agency) without Edilytics' prior written consent, or (g) result in using the Edilytics Technology (itself) to design, train, tune or otherwise develop any artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed for creating new content ("Training"). For clarity, outputs from the Edilytics Technology may be used for Training so long as such use complies with all provisions of this Agreement.
Ownership. Edilytics owns the Edilytics Technology and all modifications and improvements made to it. By providing any feedback to Edilytics, directly or indirectly, you agree that Edilytics may use such feedback freely and with no obligation of payment.
Aggregated Information. Edilytics reserves the right to collect and compile information regarding the performance and use of the Edilytics Technology, including information that derives from your inputs to, and outputs from, the Edilytics Technology ("User Data"), that in each case has been aggregated, anonymized, deidentified or put through another technical process that reduces the ability to attribute such information directly to you (collectively, "Aggregated Information"). As between Edilytics and you, Edilytics owns all Aggregated Information, including all intellectual property rights therein, and Edilytics shall have the right to sell, license or otherwise exploit all Aggregated Information, including without limitation for providing benchmarking to you and other users of CRISPResso2 technology and other Edilytics products. You hereby grant Edilytics and its affiliates a royalty-free, fully paid, perpetual, irrevocable, transferable, sublicensable, worldwide and non-exclusive right and license to access, use, reproduce, copy, distribute, aggregate, modify, and otherwise exploit and create derivative works of the User Data as incorporated within the Aggregated Information.
Warranty Disclaimer. Edilytics makes no express or implied representations, warranties or guarantees in connection with the Edilytics Technology. The Edilytics Technology is provided "as-is." Edilytics disclaims all implied warranties, including the implied warranty of merchantability, fitness for a particular purpose and non-infringement of third-party rights. Edilytics does not warrant that the Edilytics Technology will be virus free or error free.
Indemnification. You agree to defend, indemnify and hold harmless Edilytics and its licensors, successors, assigns and affiliates (and its and their officers, directors, employees, agents or contractors) from and against any claim, charge, demand, action or suit, whether in contract, tort, strict liability, negligence or otherwise, for any and all losses, costs, charges, claims, demands, fees, expenses or damages of any nature or kind arising out of, connected with or resulting from (a) the use or alleged use of the Edilytics Technology by you, your affiliates, employees, staff, faculty, students, agents or (b) relating in any way to this Agreement.
Limitation of Liabilities. To the full extent permitted by law, (a) Edilytics will not be liable for any indirect, special or consequential damages arising out of or in connection with this Agreement, (b) Edilytics has no responsibility and disclaims liability arising from any third-party claim that the third party's use of output from your use of the Edilytics Technology (or other products that relate to your use of the Edilytics Technology) was the cause of death or bodily injury. You acknowledge and agree that you have complete control over, and are solely responsible for, the design, manufacture, testing, quality assurance, performance and functionality of all products arising out of your usage of the Edilytics Technology and that Edilytics has no oversight, control, or involvement in any of the foregoing decisions or activities. Edilytics shall not be liable for any damages, losses or liabilities in aggregate in excess of one hundred dollars (\$100).
Other Terms. The privacy policy available at https://crispresso.com/privacy describes how Edilytics collects and uses personal information it obtains through the Website and through your use of Edilytics Technology. The Edilytics Technology optionally makes calls to unmodified versions of certain third-party software that is identified in Exhibit A. Your use of such software is governed by the corresponding licenses identified in Exhibit A.
Export Controls. The Edilytics Technology may be subject to US export control laws. You shall not, directly or indirectly, export, re-export, or release the Edilytics Technology to, or make the Edilytics Technology accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
US Government Rights. The Edilytics Technology is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of \"commercial computer software\" and \"commercial computer software documentation\" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you only receive those rights with respect to the Edilytics Technology as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
Miscellaneous. This Agreement and any document referred to in this Agreement constitute the entire agreement between Edilytics and you relating to the Edilytics Technology and supersedes any prior understanding between the parties related to the subject matter of this Agreement. This Agreement is deemed to be made under and shall be construed according to the laws of the State of Massachusetts, exclusive of its choice of law rules.
Updates. Edilytics may update these terms from time to time. Continued use of the Edilytics Technology after notice constitutes acceptance of the revised terms.
Payment for Additional Features. A paid subscription to CRISPResso2 PRO ("PRO") includes certain additional features (which may include faster runs, long-term report storage, advanced reporting and collaboration tools) that are not available with the standard CRISPResso2 version. Such additional features, to the extent provided by Edilytics pursuant to this CRISPResso2 PRO Addendum, constitute Edilytics Technology, and are subject to the terms set forth in the Agreement. Please see the Website for updated pricing and features, as well as payment options.
User Group. The benefits of a fully paid and current PRO subscription may be utilized by up to five (5) members ("PRO Subscribers") of a single research laboratory within an academic research institution (each, a "Laboratory"). Additional seats for use within a Laboratory may be purchased at the then-current rate through the Website or by contacting Edilytics at support@edilytics.com. For clarity, a separate subscription is required for each Laboratory within a given academic research institution. Any PRO Subscriber who ends their affiliation with the applicable Laboratory will no longer be a PRO Subscriber under such Laboratory and will lose access to the PRO features.
All other terms apply. Except explicitly provided herein, all other terms of the Agreement shall apply to PRO, including any additional features therein.
FLASH https://ccb.jhu.edu/software/FLASH/
TRIMMOMATIC http://www.usadellab.org/cms/?page=trimmomatic
Each of these software packages are governed by the licenses available at:
https://github.com/usadellab/Trimmomatic/blob/main/LICENSE and https://sourceforge.net/p/flashpage/code/ci/master/tree/COPYING
FASTP https://github.com/opengene/fastp, governed by the MIT license, available at: https://github.com/OpenGene/fastp/blob/master/LICENSE