Terms of Service

Terms of use

Last updated: July 5, 2021

1. Definitions

“Academic use” is defined as the non-profit usage of the SIRIUS web services for teaching and research within an academic institution or research institute. For-profit use, usage for consultancy or service, and usage within collaborative projects funded by non‐academic institutions is excluded.

“SIRIUS web services” are the web services for mass spectrometry data analysis provided by Friedrich Schiller University Jena which can be accessed via the SIRIUS software (https://bio.informatik.uni-jena.de/software/sirius/)

2. Scope of the agreement

This agreement governs the use of the SIRIUS web services. The SIRIUS CLI and GUI are licensed separately under the GNU Affero General Public License (AGPL).

3. Terms and conditions

The SIRIUS web services have been developed at the Chair for Bioinformatics Jena,

Ernst-Abbe-Platz 2, 07743 Jena, Germany, a department of the Friedrich Schiller University Jena, Fürstengraben 1 ,07743 Jena, Germany. Friedrich Schiller University Jena (further “FSU”) grants a non‐exclusive, non‐transferable license to the SIRIUS web services for academic use.

A license for academic use is granted according to subsequent terms and conditions:

  1. You must register to the services with a valid email address of your institution.
  2. FSU reserves the right to revoke this license at any time, in particular in case of unusually high numbers of queries being submitted to the web services.
  3. All software code remains the intellectual property of FSU. You are not permitted to use the web services to reverse engineer any software code or functionality.
  4. SIRIUS web services are provided without charge.
  5. The web services are provided on an *as is* basis. Any warranty is excluded, whether with regard to the functionality or fitness for purpose or otherwise.
  6. No guarantees are given on the availability of services.
  7. FSU is not liable for any damages resulting from use unless they acted with gross negligence or bad faith. Strict liability according to German law, in particular product liability remains unaffected.
  8. Our services may contain links to third-party web sites or services that are not owned or controlled by the FSU. FSU has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. FSU is not liable for third-party services or provided know‐how being subject to third‐party rights.
  9. Login credentials to the web services (username, password, access tokens) shall be kept secret. The user shall also ensure that the web services are accessed and used with the login credentials solely by the authorized users. The user shall inform the licensor without undue delay of any circumstances that have emerged to justify the assumption that unauthorized third parties have gained or could gain knowledge of the user’s access data.
  10. You must not use the SIRIUS web services for service bureau purposes (including without limitation, distributing, sublicensing, selling, reselling any Software).
  11. You shall not use the SIRIUS web services in any manner that:
  • is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or libelous (including without limitation, accessing any computer, computer system, network, software, or data without authorization, breaching the security of another user or system, and/or attempting to circumvent any User authentication or security process), or
  • contains a virus, trojan horse, worm, time bomb, unsolicited bulk, commercial, or “spam” message, or other harmful computer code, file, or program (including without limitation, password guessing programs, decoders, password gatherers, keystroke loggers, cracking tools, packet sniffers, and/or encryption circumvention programs);
4. Miscellaneous

This contract is governed by the laws of the Federal Republic of Germany with the exception of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

The place of jurisdiction for any and all disputes arising from this contractual relationship is Jena.

There are no oral ancillary agreements to this Contract. Any amendments or supplements to this contract must be made in writing for them to be effective. The same shall apply to any waiver of this written form requirement.

If any individual provision of this Contract is found to be or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions hereof. The Parties shall endeavor to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid or unenforceable provision in economic terms. The same shall apply in the event of a loophole in this Contract.