Terms of Service
NEB’s NEBridge SplitSet® Lite Application Programming Interface is intended for use in identifying an optimal set of overhangs for NEBridge® Golden Gate Assembly near specified breakpoints in a target sequence and generating PCR primers for amplifying the component fragments. We are making this API accessible to the synthetic biology research community for incorporation in automated high throughput assembly workflows subject to registration here and acceptance of these Terms of Service and our Terms of Use, Privacy Policy, and Cookie Policy.
All of the content, documentation, code, data matrices, images, output, and related materials (including, without limitation, patches, bug fixes, and any derivative works) accessible to you through the API (collectively, the “API Materials”) and the API (the API and the API Materials together, the “API Content”) are subject to these Terms of Service. By accessing or using the API Content, you, on behalf of yourself and the institution, organization or company that you represent, agree to be legally bound by these Terms of Service and our other linked constituent polices, terms and conditions, including Terms of Use. If you do not agree with or do not agree to be bound by any of these policies, terms or conditions or lack authority to bind your institution, organization, or company, then do not access or use the API Content. We are providing the API Content to you for your internal non-commercial use only. If your use of the API Content is for any other purpose, please contact us via email at legal@neb.com to request permission for your intended use.
“API” means the API listed in Appendix A, but excludes all NEB trademarks.
“NEB” “we”, “us” or “our” means New England Biolabs, Inc., the developer of the API Content.
“User”, “you” or “your” means your and/or the institution, organization, or company that you represent that each agree to be bound by the terms of these Terms of Service, that accesses and/or uses the API Content, and/or that otherwise exercises the rights granted by these Terms of Service.
Grant of License. Conditioned on your compliance with these Terms of Service, and NEB’s Terms of Use, which are hereby incorporated by reference and made part of these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, royalty-free license to access and use the API Content for your internal, non-commercial, reasonable use only, all in accordance with the terms of these Terms of Service. Where requested by us, you must provide your name, the name of your institution, organization, or company, and your purpose for using the API Content. You may not sell, rent or transfer to any other person, institution, organization, or company your access to the API Content (including your registration key), or any portion of the API Content. We have the right, in our sole discretion, to decline to make the API Content available to you or to terminate your access to or use of the API Content at any time for any reason. All of our rights not expressly granted by the Terms of Service are hereby retained. You retain your ownership and any associated rights of your own software that may interface or communicate with the API Content. While NEB develops and validates its products and services for various applications, you accept and agree that your use of the API Content may require you to obtain additional third party intellectual property rights for certain applications. You further accept and agree that it is solely your obligation to determine if you need such third party rights and, if so, to acquire such rights.
License Limitations. You are granted no right to and you will not: (A) access the API in ways that circumvent any security measures or probe NEB's systems or test NEB’s network vulnerability; or (B) use the API Content in a manner that in the judgement of NEB constitutes excessive or abusive usage. If you wish to make heavy use of the API Content, you must first contact us at info@neb.com for permission.
Support and Maintenance. The API Content is provided free of charge. As such, we have no obligation to provide support, updates or maintenance services for the API Content, no such support, updates or maintenance services will be provided, and we, at our sole discretion, may cease to make the API Content available for any reason or no reason. If, notwithstanding the preceding sentence, we, at our sole discretion, elect to release any updates (including patches, bug fixes, and any derivatives), such release will in no way limit the preceding sentence and will not create any obligation to release any further updates or otherwise provide support or maintenance services for the API Content. NEB strives to maintain the stability and throughput of the API Content and provide advance warning of changes or discontinuation; however, the API Content may be unavailable at times and is subject to change and discontinuation at NEB’s discretion.
Reservation of Rights. Title to and ownership of the API Content and any API Content source code, and all proprietary rights or intellectual property rights with respect to the API Content and any source code, remains exclusively with us or our licensors. The license does not constitute a sale of the API Content, or the API Content source code, or any portion or copy thereof.
Notice To Government Users. The API Content was developed exclusively at private expense and no part of the API Content was first produced in the performance of a United States (“U.S.”) Federal Government contract. The API Content is "commercial computer software" as defined in applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the U.S. Department of Defense (DoD) FAR Supplement (the "DFARS"). Any use of the API Content by the U.S. Federal Government will be governed solely by NEB’s Terms of Use, and these Terms of Services. All other use by or on behalf of the U.S. Federal Government is prohibited.
Compliance with Laws. You must comply with all applicable laws and regulations (including but not limited to those relating to the import and export of the API Content).
Termination. In the event that you fail to comply with these Terms of Service, we may terminate this license and you must cease your access and use of the API Content and destroy all copies of the API Content in your possession or control. All other rights and obligations of both parties and all other provisions of these Terms of Service will survive such termination.
General. We reserve the right to revise these Terms of Service or any portion of it at any time without notice by posting a new version on our website. It is your responsibility to monitor such changes. If you do not accept the changes, then this license will immediately terminate. You may not assign this license or any of your rights under it. We may assign the API Content, or any portion of it, or any of our rights at any time without notice to you and without your consent. In the event of any conflict between these Terms of Service and NEB’s Terms of Use, these Terms of Service will prevail. If any part of these Terms of Service is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. Our failure or neglect to enforce any of our rights under these Terms of Service will not be deemed to be a waiver of our rights. These Terms of Service will be governed and construed in accordance with the laws of the United States of American and the Commonwealth of Massachusetts, without regard to its conflict of laws rules.
Appendix A
API: NEB’s NEBridge SplitSet® Lite Application Programming Interface
