Usage Agreement Policy to Access Software through I-STEM Portal

Terms of Use

Effective Date: 18 Mar 2018

I-STEM Web Portal: I-STEM stands for Indian Science Technology and Engineering facilities Map (I-STEM), with the theme of Linking Researchers and Resources, and is supported by Office of the Principal Scientific Adviser, Govt. of India. The web portal link is www.istem.gov.in

This Terms of Use (“ToU”) is a binding contract between you, the individual or entity who is entering into it, and are responsible for complying with this TOU (“you”), and I-STEM. (“I-STEM,” “we,” “us” or “our”) governing your use of the website located at www.istem.gov.in (“Site”). BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS ToU. IF YOU DO NOT AGREE TO THIS TOU, THEN YOU MUST NOT ACCESS OR USE THE SITE.

The Site is provided “as is” without warranties of any kind and I-STEM’s and its licensors’ liability to you is limited; and

1. General Terms and Conditions.

Description.

The Site provides you with a platform to

(i) Use software from I-STEM licensors and - allow it to be used - only for the purposes of academic instruction and learning, and for academic research, for which access is being granted, and not to process any personal data

(ii) Use software from I-STEM licensors- and allow it to be used - only for basic research and for peaceful purposes and not to gain results for military purposes

(iii) To execute software in the cloud on machines hosted by or on behalf of I-STEM, using application software of I-STEM and its licensors, the use of which is subject to applicable software product license(s) of such licensors;

Any user of the Site will be referred to herein as a “User.”

2. Intellectual Property Rights.

Restrictions.

For clarity, you will solely own the rights to any Code that you generate, subject to I-STEM’s and its licensors’ rights. FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITING ANY OTHER PROVISIONS IN THIS ToU, YOU MAY NOT USE THE SITE OR DOWNLOAD ANY CONTENT FROM THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE CONTENT OR RESULTS) IN ORDER TO CREATE A COMPETITIVE PRODUCT OR SERVICE TO THOSE OFFERED BY I-STEM OR ITS LICENSORS, AND ANY SUCH USE OF THE SITE OR THE CONTENT THEREON IS EXPRESSLY PROHIBITED.

Content.

The content that I-STEM provides to you on the Site that is not User Content, including, without limitation, any text, graphics, Templates, Code, software, interactive features, information or other materials, is protected by copyright or other intellectual property rights and owned by I-STEM or its licensors (collectively, the “I-STEM Content”). Separate license terms and privacy policies may apply to I-STEM Content provided by I-STEM’s licensors. Moreover, I-STEM or its licensors own all design rights, database and compilation rights and other intellectual property rights in and to the Site, in each case, whether registered or unregistered, and any related goodwill.

Restrictions.

I-STEM and its licensors hereby reserve all rights not expressly granted to you in this Section 2. Accordingly, nothing in this ToU or on the Site will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Site or any I-STEM Content or Trademarks located or displayed on or within the Site.

3. Restrictions on Use of the Site.

Without limiting any other terms of this ToU, when using the Site, you agree not to (and not to attempt to):

i. Attempt to access or use systems, programs, files and/or data that do not belong to I-STEM and not to copy programs and/or files that I-STEM has been granted access to, but that is subject to export control regulations or copyright restrictions.

ii. Request any indemnity or compensation from I-STEM or its licensors for any damage suffered as a result of the use made of software through the I-STEM web portal.

iii. Use any resources made available by I-STEM or its licensors in an abusive manner

iv. Use any resources made available by I-STEM or its licensors for research with regards the following topics:

a. ABC- (atomic, biological, chemical) weapons,

b. Missiles and unmanned aerial vehicles,

c. General reference to weapons, ammunition or Armour goods,

d. Construction or operation of nuclear facilities,

e. Special goods for the surveillance of communication,

f. Goods which may be used for the execution of the death penalty, torture and any other cruel, inhumane or humiliating treatment.

v. Decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Site

vi. Use or exploit any Trademarks or I-STEM Content in any manner that is not expressly authorized by this ToU

vii. Use the Site for any commercial or unauthorized purpose

viii. Violate any laws or regulations or the terms of this ToU

ix. Assist or permit any person in engaging in any of the activities described above

I-STEM understands that constitutionally protected freedom of generally accessible scientific basic research and teaching is not affected by these ToU. (Scientific basic research is experimental or theoretical work to acquire new knowledge about general principles of phenomena or facts, which are not primarily aimed at a specific practical goal or a specific practical use.)

4. Limitation of Liability and Disclaimer of Warranties.

THE TERMS OF THIS SECTION 4 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

l. NEITHER I-STEM NOR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS (COLLECTIVELY, “I-STEM PARTIES”) MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE I-STEM CONTENT. ACCORDINGLY, THE SITE AND ALL CONTENT THEREON (INCLUDING, WITHOUT LIMITATION, ANY I-STEM CONTENT, AND ANY OTHER CODE, DATA OR RESULTS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE I-STEM PARTIES HEREBY DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CONSEQUENTLY, YOU AGREE THAT YOU SOLELY ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION THE I-STEM CONTENT.

2. I-STEM PARTIES DO NOT WARRANT THAT THE SITE AND ANY CONTENT THEREON (INCLUDING, WITHOUT LIMITATION, ANY I-STEM CONTENT, AND ANY OTHER CODE, DATA OR RESULTS) ARE FREE OF ERRORS, COMPUTER VIRUSES, OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ACCORDINGLY, IF YOUR USE OF THE SITE OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE I-STEM CONTENT, RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO I-STEM PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

Key Highlights