CLASSIFICATION OF TYPICAL ADPKD CALCULATOR END USER LICENSE AGREEMENT

IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE YOU START USING THE CLASSIFICATION OF TYPICAL ADPKD CALCULATOR WEB-BASED APPLICATION (THE "WEB-BASED APPLICATION").

This End User License Agreement (this "Agreement"), is a binding agreement between Mayo Foundation and Medical Education and Research ("MFMER") and you, on behalf of yourself and any individual or legal entity on whose behalf you access or use the Web-Based Application (collectively, "you" or "your") and that exercises the permissions granted by this Agreement).

BY CLICKING THE "I ACCEPT" BUTTON IN THE END USER LICENSE AGREEMENT WINDOW, YOU (A) CONSENT TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; (B) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (C) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR INSTALL THE WEB-BASED APPLICATION. ABSENT YOUR AGREEMENT TO THE TERMS BELOW, YOU HAVE NO RIGHTS WHATSOEVER TO USE THE WEB-BASED APPLICATION.

AFTER CLICKING THE "I ACCEPT" BUTTON IN THE END USER LICENSE AGREEMENT WINDOW, YOU HAVE THE RIGHT TO USE THE WEB-BASED APPLICATION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Web-Based Application Terms of Use:

1. LICENSE GRANT. MFMER hereby grants you a limited, non-commercial, non-sublicensable, non-transferable, revocable, non-exclusive license to store, load, install, execute, display and copy (to "use") the Web-Based Application subject to all the terms and conditions of this Agreement. The Web-Based Application is licensed, not sold to you.


2. LICENSE RESTRICTIONS. The Web-Based Application remains the property of MFMER or its affiliates. You shall not abridge, alter, adapt, broadcast, condense, compile, decompile, disassemble, enhance, expand, integrate, misuse, modify, recast, reproduce, reverse engineer, revise, translate, publish, distribute, or otherwise transfer or make available the Web-Based Application to any other party. Any use of the Web-Based Application for commercial purposes in any form is strictly prohibited. This includes, but is not limited to, use of the Web-Based Application in fee-for-service core laboratories or to provide services to, or commercially sponsored research for, a third party for a fee or other compensation.


3. OWNERSHIP AND COPYRIGHT NOTICES. MFMER and its affiliates shall at all times retain all ownership and intellectual property rights, including, without limitation all trade secrets, patents and patent applications, copyrights, trademarks, trade names, service marks, moral rights, contractual rights and other intellectual and proprietary rights in and to the Web-Based Application. This license does not transfer, assign, or convey any intellectual property rights to you. You agree not to obscure, alter, remove or delete and shall retain in the Web-Based Application and any modifications to the Web-Based Application the copyright, trademark, or other notices that are provided with the Web-Based Application. The Web-Based Application and any modifications, updates, upgrades, or derivative works to the Web-Based Application are, and will remain, the intellectual property of MFMER.


4. PUBLICATION AND ATTRIBUTION. You have the right to publish, present, or share results of your work that makes use of the Web-Based Application solely for the performance of internal, non-profit research conducted by you at your institution. If use of the Web-Based Application results in results that will be published, you agree that you will acknowledge MFMER as the provider of the Web-Based Application.

5. NOT MEDICAL ADVICE. Nothing in the Web-Based Application should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. The Web-Based Application does not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. The Web-Based Application is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or condition or affect the structure or function of the body. If you are a user who is a healthcare professional, you should exercise your own clinical judgment when using the Web-Based Application. If you are a user who is not a healthcare professional, you should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this Web-Based Application represents or warrants that the Web-Based Application is safe, appropriate, or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.

   YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE WEB-BASED APPLICATION AND ITS APPLICABILITY FOR UTILITY IN YOUR ACTIVITIES, AS WELL AS ANY APPLICABLE REGULATORY REQUIREMENTS AND ARE ENTERING INTO THIS AGREEMENT ON THE BASIS OF YOUR OWN EVALUTION AND NOT IN RELIANCE OF ANY REPRESENTATION BY MFMER, AND ASSUME ALL RISK AND LIABILITY IN CONNECTION WITH SUCH DETERMINATION.

6. NO WARRANTIES; LIMITATION OF LIABILITY.
   (A) DISCLAIMER OF WARRANTIES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (I) THE WEB-BASED APPLICATION IS EXPERIMENTAL IN NATURE AND IS MADE AVAILABLE "AS IS" WITH ALL FAULTS AND DEFECTS, WITHOUT ANY OBLIGATION BY MFMER TO PROVIDE ACCOMPANYING SERVICES, UPDATES, OR SUPPORT; (II) ANY RISK ASSOCIATED WITH USE OF THE WEB-BASED APPLICATION IS AT YOUR SOLE RISK; AND (III) YOU WAIVE ANY RIGHT TO MAKE A CLAIM AGAINST MFMER FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THIS AGREEMENT OR THE WEB-BASED APPLICATION.

   MFMER MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY CONCERNING THE WEB-BASED APPLICATION, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, COMPLETENESS, QUALITY, RESULTS, USE, OR ANY OTHER WARRANTY THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. MFMER DOES NOT WARRANT THAT THE WEB-BASED APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES IT WARRANT THAT ANY DEFECTS WILL BE CORRECTED. MFMER FURTHER MAKES NO WARRANTY TO YOU AS TO WHETHER ANY REGULATORY APPROVALS OR REQUIREMENTS RELATING TO THE WEB-BASED APPLICATION ARE REQUIRED OR WILL BE OBTAINED.

   (B) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MFMER OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INACCURACY, LOSS, OR DAMAGE OF DATA OF ANY KIND, BUSINESS INTERRUPTION, CORRUPTION, LOSS OF GOODWILL OR LOSS OF REPUTATION, USE OR INABILITY TO USE THE WEB-BASED APPLICATION, FAILURE OF THE WEB-BASED APPLICATION TO OPERATE WITH ANY OTHER PRODUCT, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB-BASED APPLICATION OR DOCUMENTATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE), AND EVEN IF MFMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEB-BASED APPLICATION IS TO STOP USING THE WEB-BASED APPLICATION. YOU AGREE THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT MFMER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

7. INDEMNIFICATION. You shall indemnify, defend and hold harmless MFMER and its affiliates and subsidiaries, together with their respective current or future directors, trustees, officers, agents, independent contractors, licensees, employees, students and their respective successors, heirs and assigns (collectively, the "Indemnitees"), from and against any and all claims, liabilities, damages, demands, judgments, causes of action, costs, fines or penalties (including, without limitation, court costs and reasonable attorney's fees and expenses of litigation), regardless of the legal theory asserted, arising out of or related in any way to (i) your use of or access to the Web-Based Application and/or reliance upon the results or information generated or transmitted by the Web-Based Application; (ii) your failure to fulfill any of your obligations under this Agreement; or (iii) any actual or alleged violation of any laws, rules, regulations, or ordinances by you. MFMER and the Indemnitees shall have no obligation to indemnify you hereunder. You hereby expressly forever release, and discharge MFMER and the Indemnitees from, and covenant not to assert against MFMER and the Indemnitees any and all causes of action, rights or claims of any type or description, known or unknown, which may arise in the future in any way resulting from, arising out of or in connection with your use of the Web-Based Application. This indemnification obligation shall survive expiration or termination of this Agreement.


8. GOVERNING LAW; JURISDICTION. This Agreement shall be governed by the laws of the State of Minnesota, USA, excluding its choice-of-law principles. The application of the United Nations Convention on Contracts for the Sale of Goods is excluded. The exclusive forum for any claim, controversy or dispute between the parties shall be the District Court of Minnesota sitting in Olmsted County, Minnesota. You hereby irrevocably consent to the exclusive personal and subject matter jurisdiction of such courts. This Agreement will also apply to anyone claiming on your behalf.


9. NON-USE OF NAME. Other than permitted under Sections 4 and 5, you will not use for publicity, promotion or otherwise, any logo, name, trade name, service mark or trademark of MFMER or its affiliates, including, but not limited to, the terms "MAYO®," "Mayo Clinic®" and the triple shield MAYO logo, or any simulation, abbreviation or adaptation of the same, or the name of any employee or agent of MFMER or its affiliates, without MFMER's prior, written, express consent. MFMER may withhold such consent in its absolute discretion. With regard to the use of any name or trademark of MFMER or its affiliates, all requests for approval pursuant to this Section must be submitted to the Mayo Clinic Business Relations Group, at the following e-mail address: BusinessRelations@mayo.edu at least seven (7) business days prior to the date on which a response is needed. The terms of this Section survive the termination, expiration, or rescission of this Agreement.


10. ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER. This Agreement is the entire agreement between you and MFMER and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Web-Based Application or to the subject matter of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the balance of the Agreement will continue in full force and effect. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of MFMER, provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. MFMER's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

MFMER Contact Information. Should you have any questions concerning this Agreement, or if you desire a license for commercial use of this Web Based Application, please contact Mayo Clinic Ventures at mayoclinicventures@mayo.edu.

© 2013 MFMER. All Rights Reserved. The Web-Based Application and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.