You have been designated as an “Authorized End User” of Elucidata’s “Polly” platform. Your access to Polly has been granted in connection with your employer, or the person or entity who has engaged your services (“Employer”) entering into or being subject to an agreement relating to the access and/or use of Polly. Your use of Polly is contingent upon your acceptance of, and adherence to, this End User Agreement (“EUA”) and the Elucidata Privacy Policy available at https://www.elucidata.io/privacy-policy-11-10-2022.
Your status as an Authorized End User may be revoked or suspended at any time and for any reason by Elucidata or your Employer. Your right to use Polly only extends to the functions for which you are provided access, including as described in “Documentation” produced by Elucidata, such as user manuals, technical manuals and any other materials which describe the specifications or operation of Polly. Any use or attempted use beyond these limits is strictly prohibited, and you shall not attempt to remove, disable, circumvent or otherwise create or implement any workaround to these limits or access controls. Any such action by you will be considered a breach of this EUA, and you may expose you and/or your Employer to
liability.
Polly is provided for access and use only by Authorized End Users. The personal information and credentials that identify you and authenticate your access to Polly are unique to you. You shall not share or otherwise provide any access to, or use of, Polly, any features or functionality of Polly or any Documentation to any person or entity, including another Authorized End User, for any reason. You must notify Company and Elucidata immediately of any unauthorized access to, or use of, your credentials, or any other breach of security of which you become aware.
All aspects of Polly, including among other things, its design, function and Documentation, are considered “Elucidata Intellectual Property.” Equipment, products, and materials provided by Elucidata or marked with the Elucidata brand are also considered Elucidata Intellectual Property. You do not acquire any ownership, right, title and interest in the Elucidata Intellectual Property or any other rights thereto through your use of Polly and the Documentation, other than the right to use such items as expressly described in this EUA. You shall not attempt to analyze, copy, decompile, reverse engineer, disassemble, decode, modify, translate, adapt, or in any way make a derivative work of any Elucidata Intellectual Property, or gain access to the source code of any part of Polly, nor shall you assist or enable others to do
the same. You shall honor any trademarks and copyrights represented within Elucidata Intellectual Property, and shall not remove, delete, alter or obscure any trademarks or proprietary rights notices included on or in Elucidata Intellectual Property. You shall not use Elucidata Intellectual Property for purposes of competitive analysis, the development of a competing product or service, or any other purpose that is to Elucidata’s commercial disadvantage. Furthermore, feedback or ideas provided by you to Company or Elucidata in the course of using Polly and any Documentation become the property of Elucidata and may be incorporated into Elucidata Intellectual Property without payment or attribution. You agree that Elucidata may use data collected and stored about you, your devices, and your use of Polly for any purpose related to your use of Polly, including but not limited to, improving the performance of Polly, developing new features or updates, verifying your compliance with the terms of this EUA, and enforcing Elucidata’s rights, including all Elucidata Intellectual Property rights.
As an Authorized End User, Elucidata will share with you on occasion proprietary and/or confidential information which includes all Elucidata Intellectual Property, any other information marked as “confidential” or which is otherwise identified as “confidential” when it is disclosed to you, as well as any information that a reasonable person would consider confidential at the time of its disclosure. You agree to use such proprietary and/or confidential information only for authorized purposes in your use of Polly and not to share it with any other person or entity, other than another Authorized End User who needs to know it for purposes of exercising the rights and performing the obligations of your Employer, and has been informed of its sensitive nature. If you cease to be an Authorized End User you must promptly return or destroy all proprietary and/or confidential information in your possession. You must maintain the confidentiality of all proprietary and/or confidential information, in any form, even after your use of Polly comes to an end.
Data uploaded by you to Polly or otherwise received by Elucidata in connection with your use of Polly retains its original ownership. By providing this information to Elucidata, you confirm that you have the right to do so and Elucidata has the right to use this data in the performance of its duties relating to the operation of Polly. In connection with your use of Polly or otherwise, you will not, and will not attempt to, identify any individual human research participants (i.e., PHI or PII) from any data source in any way. You further acknowledge and agree that if you download unrestricted-access data from NIH-designated data repositories, that you expressly agree to acknowledge in all oral or written presentations, disclosures, or publications, the specific dataset(s) or applicable accession number(s) and the NIH-designated data
repositories through which you accessed any data. To the extent Elucidata makes available a third party database to Authorized End Users and such database is made available under a third party license, then nothing in this EUA prevents, restricts, or is intended to prevent or restrict an Authorized End User from obtaining such data under the applicable third party license or to limit the Authorized End User’s use of such third party database under those third party licenses. Finally, you shall not use Polly in violation of any law, regulation or rule.