Common use of Certified Service Providers Clause in Contracts

Certified Service Providers. Notwithstanding the provisions of Section 3, any Certified Service Provider may use the Website for Commercial use so long as and on the condition that (a) such use is limited to Commercial use solely to the extent necessary to facilitate provision of services to third parties for the purposes of such third parties’ Research Use (as defined without reference to this sentence of Section 3.7.1) by a Customer that is a Certified Service Provider; (b) such services are not provided to any third party who would fall within the categories set forth in clauses (a) through (d) of Section 3.2 above; (c) Certified Service Provider otherwise remains bound by the limitations and restrictions on its right to use the Website contained in this Agreement; (d) Certified Service Provider provides such services to third parties only after entering into an agreement with each such third party including (i) limitations and restrictions on the use of the Website obtained thereby which are substantially identical to those contained in this Agreement, (ii) confidentiality obligations no less favorable to Oxford than those contained in this Agreement, (iii) to the extent the Law so permits, a covenant making Oxford an express third party beneficiary of such agreement, and (iv) a covenant requiring each such third party to register with Oxford following instructions provided in the Order; and (e) Customer provides to such third parties documents and/or information, as provided by Oxford, explaining that (i) Customer provides services using the Website and (ii) additional applications and analyses of the Biological and/or Instrument Data collected using the Device or Software are available on the Metrichor Interface, or as otherwise specified by Oxford. Notwithstanding the provisions of Section 4.1 but subject to Certified Service Provider’s compliance with this Agreement, Certified Service Providers may make available to their end customer Biological Data within the first forty- eight (48) hours after such Biological Data is first written to a disk; provided that, Certified Service Provider does not use any third party Commercial software that is not Approved and does not use any third party Commercial services to process the Instrument Data from which the Biological Data is derived.

Certified Service Providers. Notwithstanding the provisions of Section 3, any Certified Service Provider may use the Website for Commercial use so long as and on the condition that (a) such use is limited to Commercial use solely to the extent necessary to facilitate provision of services to third parties for the purposes of such third parties’ Research Use (as defined without reference to this sentence of Section 3.7.1) by a Customer that is a Certified Service Provider; (b) such services are not provided to any third party who would fall within the categories set forth in clauses (a) through (d) of Section 3.2 above; (c) Certified Service Provider otherwise remains bound by the limitations and restrictions on its right to use the Website contained in this Agreement; (d) Certified Service Provider provides such services to third parties only after entering into an agreement with each such third party including (i) limitations and restrictions on the use of the Website obtained thereby which are substantially identical to those contained in this Agreement, (ii) confidentiality obligations no less favorable to Oxford than those contained in this Agreement, (iii) to the extent the Law so permits, a covenant making Oxford an express third party beneficiary of such agreement, and (iv) a covenant requiring each such third party to register with Oxford following instructions provided in the Order; and (e) Customer provides to such third parties documents and/or information, as provided by Oxford, explaining that (i) Customer provides services using the Website and (ii) additional applications and analyses of the Biological and/or Instrument Data collected using the Device or Software are available on the Metrichor Interface, or as otherwise specified by Oxford. Notwithstanding the provisions of Section 4.1 but subject to Certified Service Provider’s compliance with this Agreement, Certified Service Providers may make available to their end customer Biological Data within the first forty- forty-eight (48) hours after such Biological Data is first written to a disk; provided that, Certified Service Provider does not use any third party Commercial software that is not Approved and does not use any third party Commercial services to process the Instrument Data from which the Biological Data is derived. 3.7.1. 认证服务提供商。尽管有第 3 章条款中的规定，对于任何认证服务提供商，可为商业使用目的使用网站，只要满足以下前提：(a) 此类使用仅限于身为服务提供商的客户为第三方进行研究目的而向其提供服务所需的范围内（如其定义，无需引述第 3.7.1 节此句）；(b) 此类服务不会提供给属于上述第 3.2 节 (a) 至 (d) 条所述类别的第三方；(c) 认证服务提供商受到本协议所含网站使用权利限制的约束；(d) 认证服务提供商仅可在与第三方签订协议后方可向第三方提供此类服务， 包括 (i) 网站（与本协议所含要求基本相同） 的使用限制，(ii) 对 Oxford 的保密义务不得低于本协议标准，(iii) 在法律允许的范围内， 约定 Oxford 是此类协议的明确第三方受益人， 以及 (iv) 约定要求第三方向 Oxford 注册，遵守订单列出的说明；(e) 客户向第三方提供Oxford 提供的文档和/或信息，说明 (i) 客户使用网站提供服务，以及 (ii) Metrichor 接口上有更多使用设备或软件收集的生物和/或仪器数据的应用和分析，或 Oxford 另行说明。尽管有第 4.1 节条款中的规定，但如果认证服务提供商遵守本协议，则其可在生物数据首次写入磁盘后最初四十八 (48) 小时内向其最终客户提供生物数据，只要其不使用任何未被许可的第三方商业软件，不使用任何第三方商业服务来处理产生生物数据的仪器数据。 3.7.1.1.

Certified Service Providers. Notwithstanding the provisions of Section 3, any Certified Service Provider may use the Website for Commercial use so long as and on the condition that (a) such use is limited to Commercial use solely to the extent necessary to facilitate provision of services to third parties for the purposes of such third parties’ Research Use (as defined without reference to this sentence of Section 3.7.1) by a Customer that is a Certified Service Provider; (b) such services are not provided to any third party who would fall within the categories set forth in clauses (a) through (d) of Section 3.2 above; (c) Certified Service Provider otherwise remains bound by the limitations and restrictions on its right to use the Website contained in this Agreement; (d) Certified Service Provider provides such services to third parties only after entering into an agreement with each such third party including (i) limitations and restrictions on the use of the Website obtained thereby which are substantially identical to those contained in this Agreement, (ii) confidentiality obligations no less favorable to Oxford than those contained in this Agreement, (iii) to the extent the Law so permits, a covenant making Oxford an express third party beneficiary of such agreement, and (iv) a covenant requiring each such third party to register with Oxford following instructions provided in the Order; and (e) Customer provides to such third parties documents and/or information, as provided by Oxford, explaining that (i) Customer provides services using the Website and (ii) additional applications and analyses of the Biological and/or Instrument Data collected using the Device or Software are available on the Metrichor Interface, or as otherwise specified by Oxford. Notwithstanding the provisions of Section 4.1 but subject to Certified Service Provider’s compliance with this Agreement, Certified Service Providers may make available to their end customer Biological Data within the first forty- forty-eight (48) hours after such Biological Data is first written to a disk; provided that, Certified Service Provider does not use any third party Commercial software that is not Approved and does not use any third party Commercial services to process the Instrument Data from which the Biological Data is derived.