Open Innovation Drug Discovery

TERMS OF USE

Open Innovation Drug Discovery Program Website

Welcome to the Open Innovation Drug Discovery Program website (the "Site") of Eli Lilly and Company ("Lilly"). By using the Site, you agree to be bound by the following terms of use (the "Terms of Use") and all applicable laws and regulations. If you do not agree to these Terms of Use, you are not permitted to use the Site. The information on this Site is intended only for the purpose of operating the Lilly Open Innovation Drug Discovery program (the "Program"). The purpose of the Program is to facilitate Lilly's collaboration with research institutions in the area of drug discovery. A research institution that wishes to participate in the Program must enter into an Open Innovation Drug Discovery Program Agreement with Lilly (the "Program Agreement"). Each research institution entering into such an agreement with Lilly is referred to in these terms of use as an "Institution." The Program is further described in this Site and in the Program Agreement.

If you use this Site in connection with the Program, you represent to us that your Institution (which employs you or with whom you have a contractual relationship) has authorized you to participate in the Program and that you are complying with the policies and instructions of your Institution at all times during your participation in the Program. You agree that you will cease use of the Site and/or the Program when instructed by the Institution or are no longer affiliated contractually or otherwise with the Institution and agree that Lilly can unilaterally discontinue the Program and/or your access to the Site at any time and for any reason. To participate in the Program in connection with your Institution, the Institution will be required to become affiliated to the program and individual users may subsequently sign up for individual accounts. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is prohibited.

The content on this Site is not intended in any way to be professional medical advice and should not be interpreted as treatment recommendations. Lilly does operate websites which provide information about certain health conditions but this Site is not one of those sites.

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS." LILLY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, LILLY, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR LILLY, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. LILLY MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LILLY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LILLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred.

As a resource to our visitors, this Site may provide links to other websites. However, because we do not control the content of the other websites we may link to, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of third-party sites. Lilly does not endorse the content on any third-party websites. Lilly is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Everything that you read or see on the Site is copyrighted or otherwise protected and owned by Lilly or a third party who licensed or granted to Lilly the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms of Use or with the prior written approval of Lilly.

Lilly does not grant you permission to print individual pages from the Site except as solely relating to your participation in or evaluation of the Program. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not:

  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial), except as related to your participation in the Program;
  • remove any copyright, trademark or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

Lilly makes no warranties or representations to you that your use of any materials or offerings displayed on the Site will not infringe the rights of third parties.

Unless otherwise indicated, all logos, names, designs, and marks on the Site are trademarks or service marks owned or used under license by Lilly. The use or misuse of any of these marks or other information is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Lilly or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Lilly copyright.

Except as expressly set forth on the Site or in the Program Agreement (if your Institution is a party to such Program Agreement with Lilly), if you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to Lilly free of charge and such information shall be deemed to be non-confidential and Lilly shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation, without your consent or any compensation to you or anyone else. Lilly shall be free to use any know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, or in any other manner. Lilly may from time to time monitor, review and, in its sole discretion, modify or delete any postings you make on the Site however, Lilly is not obligated to do so.

You agree not to submit or transmit any written material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the Site. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through the Site any written material which disrupts the normal operation of the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Site. Through your usage of the Site, you may submit and/or Lilly may gather certain limited information about you and your website usage. We are free to use such information for any purpose we deem appropriate, including marketing purposes.

When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of Lilly and its suppliers. Accordingly, Lilly assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Site.

Lilly is located in Indianapolis, Indiana, in the United States of America (USA). Lilly makes no representation that the materials or offerings on the Site are appropriate or available for use in other locations. Access to the content may not be legal by certain persons or in certain countries outside of the USA. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms of Use are governed by the internal substantive laws of the State of Indiana, without resort to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with Lilly, or in any way relating to your use of this Site, resides in the courts of the State of Indiana. However, if your Institution is a state university in the USA and the constitution or laws of your Institution's state expressly require that the laws of your state apply to contracts to which the Institution enters, then the jurisdictional and substantive laws of your state shall govern these Terms of Use without regard to conflicts of law provisions. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. Lilly may modify these Terms of Use at any time without notice to you. You may terminate the agreement incorporated in these Terms of Use at any time by destroying all materials received from the Site, ceasing to use the Site and ceasing your participation in the Program.

Except as expressly provided in the Program Agreement, these Terms of Use constitute the entire agreement between you and Lilly with respect to the use of this Site and its content. Your use of this Site is also subject to the Lilly OIDD privacy policy. Lilly's use of the information you provide in connection with your account registration will be treated by Lilly in conformity with Lilly's aforementioned privacy policy.

Last Updated February 2, 2015