END-USER LICENSE AGREEMENT FOR THE CHILDREN’S HOSPITAL OF PHILADELPHIA (“CHOP”) Bio-repository Portal WEB APPLICATION PROJECT WEBSITE http://ehb_cccr.chop.edu. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE USE OF THIS PROGRAM: THE CHILDREN’S HOSPITAL OF PHILADELPHIA (“CHOP”) End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and CHOP for the CHOP software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and CHOP, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

The SOFTWARE PRODUCT is licensed as follows: (a Use. CHOP grants you the right to use the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system and web browser for which the SOFTWARE PRODUCT was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista].

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT or associated websites. (b) Distribution. You may not distribute copies of the SOFTWARE PRODUCT or downloaded data reports generated by the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from CHOP's websites may be freely distributed. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. (e) Support Services. CHOP may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

3. TERMINATION

Without prejudice to any other rights, CHOP may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the data downloads or reports generated by the SOFTWARE PRODUCT in your possession.

4. COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by CHOP or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by CHOP.

5. NO WARRANTIES

CHOP expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. CHOP does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. CHOP makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. CHOP further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. PRIVACY POLICY

Patient privacy is a paramount consideration in all aspects of the Bio-repository Portal Project. At every step, we have ensured that privacy is protected and that stringent data security procedures are in place to ensure that patient data is not revealed, either by oversight or by malicious activity. As with other NIH projects, we are bound by applicable Federal regulations, as delineated in NIH Notice Number: NOT-OD-07-088:

Applicable Federal regulations may include HHS human subjects regulations (45 CFR Part 46), FDA human subjects regulations (21 CFR Parts 50 and 56), and the Health Insurance Portability and Accountability Act Privacy Rule (45 CFR Part 160 and Part 164, Subparts A and E).

The identities of data subjects cannot be readily ascertained or otherwise associated with the data by the repository staff or secondary data users (Common Rule); and the requisite 18 data elements have been removed (HIPAA Privacy Rule).

7. TERMS OF USE

CHOP offers the Service for general informational and educational purposes only. Nothing related to the Service is intended as medical advice nor should be used for diagnosis or treatment apart from consultation with a qualified healthcare professional. The Service is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

THE SERVICE AND ANY INFORMATION PROVIDED ON THE SERVICE ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER USER OF THE SERVICE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. WHILE CHOP HAS ENDEAVORED TO MAKE SURE THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, WE CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION, AND IT IS PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND.

You agree to indemnify CHOP and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.

8. JURISDICTION

You expressly and irrevocably agree that exclusive jurisdiction for any dispute with CHOP, or in any way relating to your use of the Service resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such dispute including any claim involving CHOP, or CHOP’s parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

You agree that any legal proceeding against CHOP related to the Service shall be filed and tried only in the Court of Common Pleas for Philadelphia County, Pennsylvania, United States of America. Both parties hereby expressly waive any right to a jury trial in any such proceeding.

These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws or choice of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

9. LIMITATION OF LIABILITY

In no event shall CHOP be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if CHOP has been advised of the possibility of such damages. In no event will CHOP be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. CHOP shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.