var ns4=(document.layers)?true:false; var ie=(navigator.appVersion.indexOf("MSIE")!=-1)?true:false; var safari=(navigator.userAgent.indexOf("Safari")!=-1)?true:false; var ns6up=(navigator.userAgent.indexOf("Netscape")!=-1)?true:false; var firefox=(navigator.userAgent.indexOf("Firefox")!=-1)?true:false; var opera=(navigator.userAgent.indexOf("Opera")!=-1)?true:false; var ie_mac =((navigator.appVersion.indexOf("Macintosh")!=-1) && (ie))?true:false; var mac_other =((navigator.appVersion.indexOf("Macintosh")!=-1) && (!ie))?true:false; var w3c=(document.getElementById)?true:false; var win_xp=(navigator.userAgent.indexOf("Windows NT 5\.1")!=-1)?true:false; function select_form(form_name) { var w =window; var d=w.document; var sel_class; if (ns6up){ sel_class = 'trial_html4'; } else if (firefox) { sel_class = 'trial_firefox'; } else if (ie) { if (win_xp) { sel_class = 'trial_xp'; } else if (ie_mac) { sel_class = 'trial_ie_mac'; } else { sel_class = 'trial_ie'; } } else if (safari) { sel_class = 'trial_html4'; } else { sel_class = 'trial_html4'; } if (form_name == 'country') { d.write(''); } else if (form_name == 'typeofinsti') { d.write(''); } else if (form_name == 'position') { d.write(''); } else if (form_name == 'researcharea') { d.write(''); } else if (form_name == 'source') { d.write(''); } else if (form_name == 'software') { d.write(''); } } function conditions_form() { var w =window; var d=w.document; var f_width; var f_size; if (ns6up){ f_width = '57'; f_size ='font120j'; } else if (ie) { if (win_xp) { f_width='60'; f_size='font90j'; } else if (ie_mac) { f_width = '70'; f_size ='font90j'; } else { f_width = '53'; f_size ='font90j'; } } else if (firefox) { f_width = '60'; f_size ='font120j'; } else if (safari) { f_width = '50'; f_size ='font80j'; } else { f_width = '57'; f_size ='font120j'; } d.write('

');
d.writeln("By checking the '","accept'","box and/or accessing any part of the GeneSifter.Net service (",'"The Service"),in a trial, prepaid, or other account, you are representing that you are legally and appropriately qualified to do so (e.g., over 18, valid representative of your employer, bona fide user not market researcher) and you are agreeing to all the terms and conditions of this service agreement, and consent to be bound by and become a party to this service agreement. Your acceptance is expressly conditioned upon assent to all the terms and conditions of this service agreement. GeneSifter.Net End User License Agreement and Acceptable Use Policy<br>');
d.writeln('TERMS AND CONDITIONS');
d.writeln('1. THE SERVICE'); 
d.write('The Service consists of a browser interface, data transmission, data access, data analysis, and data storage.'); 
d.write('You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., kiosk, ISP, telecommunications) incurred while using the Service.');
d.writeln('Geospiza, Inc. makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. Geospiza, Inc. reserves the right to modify, upgrade or enhance the Service or the terms and conditions of this Agreement at any time without notice.'); 
d.writeln('2. USE OF PROPRIETARY SOFTWARE'); 
d.writeln('Subject to the terms and conditions of this Service Agreement, Geospiza, Inc. grants you a non-sublicensable, non-exclusive and non-transferable license (the "License") to use its proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, decompile, hack, crack, disassemble or otherwise attempt to discover the Geospiza, Inc. source code or underlying ideas or algorithms of its software, except as are provided to you by Geospiza, Inc. for legitimate scientific methods documentation for your publications and other such scientific activities; modify, translate, or create derivative works based on the software; or copy, rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that Geospiza, Inc. retains ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and you will cease to use the software. THE SOFTWARE AND ASSOCIATED SERVICE BY IT AND VIZXLABS ARE PROVIDED "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT.'); 
d.writeln('3. RESTRICTIONS AND POLICIES');
d.writeln('You will not use the service in any way for or in conjunction with spamming, chain letters, junk mail or distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You hereby agree to defend and indemnify Geospiza, Inc. against any claim or action that arises from your use of the Service in an unlawful manner.'); 
d.writeln("It is Geospiza, Inc.'", 'policy to respect the privacy of its customers, and to protect their scientific data and operations security, integrity and confidentiality. Geospiza, Inc. also must, and does, reserve the right to access, use or disclose any information, data, files or other content created by, provided by, or accessed by you in order to comply with applicable laws, court orders, and lawful government requests, to operate its business properly (e.g., to diagnose and fix database storage problems), or to protect itself. Geospiza, Inc. reserves the right in its sole discretion to remove any data from its system or discontinue any account that it believes has violated the law or these agreements.');
d.writeln('4. SUPPORT');
d.writeln('Subject to the terms hereof, Geospiza, Inc. will provide you with email, and live or voice mail at its Seattle number, support services for the Service and associated software. Under no circumstances will Geospiza, Inc. have any obligation to provide you with: hard-copy documentation other than the user manual and quick-start guide; upgrades, modifications or enhancements, other than those it provides in the course of its normal business support of the service for its general customer base; or toll-free phone support from numbers outside the Seattle area.'); 
d.writeln('5. PAYMENT OF FEES');
d.write("If you become a paying customer of GeneSifter.Net, you agree to provide Geospiza, Inc. with accurate and complete billing information, including your organization'",'s legal name, address and telephone number, and to update this information within 30 days of any change to it. Upon signing up for initial, or additional services, you will pay Geospiza, Inc., by check, PO or authorized credit card, the applicable fees (the "Fees"). Currently applicable Fees are available from Geospiza, Inc., which reserves the right to change the Fees or applicable charges and to institute new charges at any time, provided, however, that no changes shall occur during the course of your subscription for which you have already paid or contracted for. The Fees will be charged according to the terms of your subscription.'); 
d.writeln('If you believe Geospiza, Inc. has billed you or your organization incorrectly, you must contact the company no later than 90 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.'); 
d.writeln('6. TERMINATION'); 
d.write('Unless other arrangements have been made with Geospiza, Inc., this Service Agreement is an ongoing agreement, automatically renewable unless either party requests change or termination. Either party may terminate this Service Agreement by notifying the other party 7 days in advance of the termination date. To cancel the Service, or to switch your account status to a different level, for instance to have your data retained but not have access to analytic features, you must contact Geospiza, Inc. Customer Support department in writing or by phone with confirmation via email. If you cancel entirely, Geospiza, Inc. will remove the Content of an account shortly after cancellation. Geospiza, Inc. may, but is not obligated to, delete archived data held, on tape or otherwise, in its long term back up storage systems.');
d.writeln('Geospiza, Inc. may terminate this Service Agreement immediately, without prior notice or liability, if you breach any of the terms or conditions of this Service Agreement. Upon expiration or termination, you will immediately cease all use of the Service. Except for the License granted in Section 2 and except as otherwise expressly provided herein, all sections of this Service Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.'); 
d.writeln('7. WARRANTY DISCLAIMER'); 
d.writeln('THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND Geospiza, Inc. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.'); 
d.writeln('8. LIMITATION OF LIABILITY'); 
d.write("Geospiza, Inc.'",'TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO Geospiza, Inc. FOR THE SERVICE UNDER THIS SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. Geospiza, Inc. AND ITS LICENSORS WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF Geospiza, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.'); 
d.writeln('9. GOVERNMENT MATTERS'); 
d.writeln('You agree to comply with any US Government or foreign Law that may be applicable to this software and Service, in particular regarding export, import and trade with foreign entities. In particular, you may not remove or export from the United States or allow the export or re-export of any part of the system, its software or applicable documentation, if any, or any direct product thereof, if that would be in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and Documentation licensed in this Service Agreement are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Service Agreement.');
d.writeln('10. MISCELLANEOUS'); 
d.write("The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. This Service Agreement is not assignable, transferable or sublicensable by you except with Geospiza, Inc.'"," prior written consent. This Service Agreement will be governed by and construed in accordance with the laws of the state of Washington without regard to the conflict of laws provisions thereof. Both parties agree that this Service Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Service Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind Geospiza, Inc. in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys'",' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.');
d.write('

'); }