Terms and Conditions of Use

Definitions

“Data ” – passport, characterization, evaluation, and associated information including environmental information that can be derived for accessions that include collection site geo-references;

“Metadata” – information concerning when, were, how and by whom Data was collected to facilitate the use of that Data;

“Portal” – also referred to as GENESYS Information Portal or simply as GENESYS, means any mechanisms which enable end users to access and use the Data;

“You” - means a person exercising rights under these Terms and Conditions of Use with respect to the Portal; and

“Terms” – means these Terms and Conditions of Use.

GENESYS

GENESYS is a database on plant genetic resources that provides information about gene bank accessions to facilitate their use in plant improvement. The principles and goals of the Portal are to make the Data open and universally accessible and available to everyone.

The Portal publishes Data supplied by external data providers in accordance with agreements between Global Crop Diversity Trust (“GCDT”) and those providers.

Use of GENESYS

You are hereby granted a perpetual, revocable, worldwide, royalty free, non-exclusive and non-transferable license to use the Data published on the Portal for any lawful purpose, subject to the limitations hereunder.

You may not copy, reproduce, republish, post, broadcast, transmit, or adapt,in full or in substantial part, the Contents of the Portal, in any way that would unreasonably prejudice the legitimate interests of GCDT or compete with the Portal.

You may link to the Portal, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You cannot redistribute the Data to other users.  Instead You shall refer interested new users to the Portal to access or download any Data directly.

You acknowledge that your access to and use of Data does not entitle you to any copyright or other intellectual property right or other proprietary interest in the Data or the Portal.

Acknowledgement of the Source

You are required to acknowledge the sources of the Data accessed through the Portal following these guidelines:

Plant genetic resources accession level data provided by: …………..  All intellectual property rights (including copyright) in the Data are owned and retained by the said institution(s).  Data accessed through GENESYS Global Portal on Plant Genetic Resources, http://www.genesys-pgr.org, YYYY-MM-DD.

Example:

Plant genetic resources accession level data provided by: International Center for Tropical Agriculture (CIAT), http://ciat.cgiar.org/, Colombia.  International Institute of Tropical Agriculture (IITA), http://www.iita.org/, Nigeria.  All intellectual property rights (including copyright) in the Data are owned and retained by the said institutions.  Data accessed through GENESYS Global Portal on Plant Genetic Resources, http://www.genesys-pgr.org, 2013-07-02.

These instructions are also available on the Portal.

For any use of Data accessed through the Portal, You must make sure that these Terms are applied to those users. To this end, You must keep intact any notices concerning the source of Data that accompany Data accessed from the Portal.

Future Changes to Datasets/Terms of Use

GCDT may at any time add to, delete from, or change in any way the Portal or these Terms. Notice of changes may be posted on the home page for these datasets or these Terms. Any change is effective immediately upon posting, unless otherwise stated.

Compliance with Law

You assume sole responsibility that Your use of the Portal complies with all applicable laws and industry standards.

Warranties and Disclaimer

The information provided through the Portal is given to You “as is” and without any warranty of any kind, either express, implied, or arising by statute, custom, course of dealing, or trade usage. Any and all implied warranties or conditions of title, non-infringement, accuracy or completeness, the presence or absence of errors, fitness for a particular purpose, merchantability, or otherwise are specifically disclaimed.

Exclusion of Liability

Subject to any liability that may not be excluded or limited by law, GCDT and the right holder(s) of the information accessed through the Portal are not liable for, and expressly exclude, all liability for loss or damage however and whenever caused to anyone by any use under this license, whether by You or by anyone else, and whether caused by any fault on the part of GCDT or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages such as loss of revenue, data, anticipated profits, and lost business. This exclusion applies even if GCDT or the right holder(s) of the information accessed through the Portal have been advised of the possibility of such damages. If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of GCDT or the right holder(s) of the information accessed through the Portal.

Termination of Your Rights

Any breach by You of these Terms automatically terminates this license with immediate effect and without notice to you.

Unless terminated as explained above, the rights granted to You under these Terms are grantedto You for the duration of applicable rights to use of the Data available in the Portal.

General

If any provision of these Terms is held to be invalid or unenforceable, that must not affect the validity or enforceability of the remainder of the Terms and each remaining provision shall be valid and enforced to the fullest extent permitted by law.

These Terms are the entire agreement between You and GCDT with respect to the rights granted here over the Portal and the Data and Metadata accessed there. It replaces any earlier understandings, agreements or representations with respect to the Portal.

GCDT may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with UNCITRAL Rules.  The place of arbitration shall be Bonn, Germany, and the language to be used shall be English.