Global Avian Influenza Network for Surveillance A program of the Global Animal Information Network for Surveillance

DATA, SOFTWARE, AND WEB SITE USER AGREEMENT

Please read this document carefully before using any data from GAINS.

This Data, Software, and Web Site User Agreement (this “Agreement”) is between you and the Wildlife Conservation Society (“WCS”), which administers the GAINS program and the web site on the domain gains.org with the home page www.gains.org (the “Web Site”). By using the Web Site, the software on the Web Site (the “Software”), and/or accessing or using data (the “Data”) from the GAINS database, you agree to and are bound by the following terms and conditions:

I. GOALS

The aim of the Wild Bird Global Avian Influenza Network for Surveillance(GAINS) program is to expand operational field capabilities, improve the understanding of viral strains and transmission of influenza viruses in wild birds, and disseminate information to all levels of governments, international organizations, the private sector, and the general public. The GAINS database is a compilation of information provided by colleagues around the world relating to wild bird avian influenza surveillance and migratory bird activity. The GAINS database exists to facilitate and encourage the open sharing of information about avian influenza as a global good.

II. USE OF DATA

Any and all use of the Data by you must comply with the terms and conditions of use that are set forth in the metadata associated with the Data. No other rights not described herein are granted.

III. DATA, SOFTWARE, AND WEB SITE

1. Warranty and Disclaimers.  THE SOFTWARE AND THE WEB SITE ARE PROVIDED BY WCS UNDER THIS AGREEMENT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WCS WILL HAVE NO LIABILITY RELATED TO THE DATA ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WCS ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY DATA.

THE USE OF THE SOFTWARE AND WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. WCS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEB SITE OR IN CONNECTION THEREWITH.

2. Limitation of Liability.  IN NO EVENT SHALL WCS,  ITS TRUSTEES,  OFFICERS,  EMPLOYEES,  INDEPENDENT CONTRACTORS,  OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF WCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE WEB SITE OR THE SOFTWARE; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE WEB SITE OR THE SOFTWARE; (3) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE DATA; (4) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (5) ANY FAILURE TO STORE OR LOSS OF DATA OR OTHER CONTENT; (6) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (7) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS WEB SITE; OR (8) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE.

3. Indemnification.  You agree to indemnify, defend and hold WCS and its trustees, officers, employees, independent contractors and agents harmless from any and all third-party claims, including reasonable attorneys' fees, due to or arising from: (a) Data that you may access or use using the Software or through the Web Site, including your reliance on the accuracy, completeness or usefulness of the Data; (b) your access to or use of the Software or the Web Site; (c) your connection to the Web Site; (d) your violation of this Agreement; and (e) your infringement of any third party’s copyright, trademark, or other proprietary rights, violation of privacy rights or publicity rights, and libel or violation of any other law in connection with this Agreement.

IV. GENERAL

1. Choice of Law.  The Web Site is controlled, operated and administered by WCS from its offices within the United States of America.  This Agreement shall be governed by the laws of the State of New York, disregarding New York’s “choice of law” rules. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts located in the State of New York.  Notwithstanding the foregoing, WCS reserves the right to seek equitable or injunctive relief in any jurisdiction in the world.

2. International Users.  The Web Site is controlled, operated and administered by WCS from its offices within the United States of America. WCS makes no representation that the Software or the Web Site are appropriate or available for use at other locations outside the United States, and access to the Web Site from territories where the Software or the Web Site are illegal is prohibited. If you access the Web Site from a location outside the United States, you are responsible for compliance with all local laws.

3. Modification.  WCS may, in its sole discretion, modify portions of this Agreement at any time. WCS may notify you of any changes by posting notice of such modifications on the Web Site or sending notice via e-mail, postal mail or other means. Your continued use of the Software and the Web Site following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement.

4. Titles.  Section headings within this Agreement are for convenience only.

5. Entire Agreement.  This Agreement constitutes the entire agreement between you and WCS and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter.