About

• 1: Changelog
• 2: Glossary
• 3: Package Licenses
• 4: PanHunter – Data Privacy Statement ("Statement")
• 5: PanHunter – Terms of Use

1 - Changelog

PanHunter v25

• Admin App
  • New Added UI option to create a new study with duplicated sample IDs
  • Fixed Fix issue with opening of the app
  • Fixed Fix issue with disappearing default settings, when switching from DiaNN to Spectronaut and vice versa
• New Comparison
  • Fixed Align PCA parameters for PX and PTM data to ProteomicsQC app
• ScExplorer
  • Fixed Fixed issue with creation of pseudobulk studies
  • Fixed Fixed issue where operations in the study management panel did not work
  • Fixed Fixed issue with Celltypist prediction job on some instances
  • Fixed Fixed issue with the proper deletion of studies
• Sample Selector (multiple apps)
  • New Automatically filter out any samples that are not fully integrated into PanHunter

PanHunter v22

General Apps

• Admin App
  • Update Deactivate or Hide in UI the Pre-Processing on external instances
  • Update Allow update of sample table for integrated data without the need to re-process/re-integrate everything
  • Fixed Study deletion does not delete sample table xslx files in project folder
  • Fixed Sample table upload fails after successful validation
  • Fixed Sample table upload for Plate Seq asks for Sample ID
  • Fixed Project Leader who are NOT global admins are not able to add users to their project
  • Fixed Data service not enabled message appears before studies are shown
• ScExplorer
  • New Add notification for the user about created gene set
  • New Add a placeholder text for empty gene set panel (private only)
  • New Send usage time statistics to Admin app
  • New Show the scExplorer logo as favicon
  • Update Improve IU of gene set tab panel
  • Update Enable closing of embedded selection with a click outside
  • Fixed Prevent histogram from covering annotation name
  • Fixed Wrong error message for duplicated gene set name creation
  • Fixed Form state is not preserved when switching embedding method bg job
  • Fixed 0 is missing for the legend within numerical shared annotations
  • Fixed Check uniqueness for all creation/renaming steps
  • Fixed Group all single values together and place them at the bottom of the annotations
  • Fixed Limit the resizing ability of the right side bar
  • Fixed Update the font in DE table and add hover behaviour to the rows
  • Fixed Incorrect warning displayed in Gene Sets tab
  • Fixed Embedding deletion does not update the state schema
  • Fixed Creating private numeric annotations from existing shared ones failed
• ScDeepDive
  • Update Embeddings containing the string “pc” are removed
  • Fixed Pseudotime calculation fails for an embedding not containing all cells
  • Fixed User created embeddings/annotations are missing
• Geneinfo
  • New Modify/Add option to get log transformed data
  • Fixed Fixed issue that led to crash in certain projects
• GsetEnrVisualization
  • New Display loading animation until app is ready
  • Fixed GO:BP enrichment fails for single TopTable
• New Comparisons
  • Update Remove conditional enabling of loading screen
  • Fixed Some successfully integrated studies were not displayed
  • Fixed Compare Comparisons tab showed error message after selecting a valid Comparison
  • Fixed Fixed issue with Analyze Categories in Exploratory Analysis (Sample Clustering Tab)
• GeneComparison
  • New Display loading animation until app is ready
  • Fixed A false error was shown for some studies
• MaPlot
  • New Display loading animation until app is ready
  • Fixed Start calculation only after both comparisons were selected
  • Fixed Fixed issue that led to a crash during startup
  • Fixed Fixed issue that lead to a creash for best match algorithm
  • Fixed Fixed issue with Feature table occupying too much space.
• ProteomicsQC
  • New Display loading animation until app is ready
  • Fixed Fix issue with sample selector becoming unresponsive during start-up
• TopTables
  • New Display loading animation until app is ready
  • Fixed Fixed issue where feature filters did not work properly when less than 4 Comparisons were selected
  • Fixed Enabled missing Compound activity estimation
• PatientStats
  • New Display loading animation until app is ready
• TrendAnalysis
  • New Display loading animation until app is ready
• TFtargets
  • New Display loading animation until app is ready
  • Fixed Prevent app crash if TFTargets enrichment is missing for Comparison
• Signatures
  • New Display loading animation until app is ready
• Pathview
  • New Display loading animation until app is ready
• NetworkVisualization
  • New Display loading animation until app is ready
• Clustr
  • New Display loading animation until app is ready
• SampleQC
  • New Display loading animation until app is ready

PanHunter v21

General Apps

• Admin App
  • New Allow users to define a different set of parameters for proteomics data preprocessing
  • New Allow evaluation of results in ProteomicsQC of a specific proteomics preprocessing run before integrating results into PanHunter
  • New Deleting a study via the data management tab
  • New Allow users with role data manager or project lead to download public RNA-Seq data with GSE accession number via data management tab
  • Update Display error messages for failed preprocessing jobs
  • Update Minor app updates and refactoring
  • Fixed Study view is displayed again for eligible users
  • Fixed Improved validation of sample table during upload
• Comparisons
  • New New button in Selected Samples tab to load alignment parameters on demand
• MaPlot
  • Fixed Disable Detailed Plot in case the selected comparison does not contain the required data
  • Fixed Improved handling of big comparisons
• PatientStats
  • Fixed Prevent app crash due to missing data
• ProteomicsQC
  • New Added Sidebar Selector for selecting Preprocessing results that were created with the Admin App
  • Update Minor app updates and refactoring
• GeneInfo
  • Fixed Changed text color for previously white-on-white text
• ScExplorer
  • New It is now possible to resize the graph content
  • New Show error message if study registration failed
  • Update Moved graph annotations widgets into a new tab in the right sidebar
  • Update Harmonize categorical/numerical annotation display
  • Update Minor app updates and refactoring
• Start Page
  • Update Removed redundant Tutorial button

PanHunter v20

General Apps

• ProteomicsQC
  • Fixed Fixed the ability to select more than 1 study
  • Fixed Fixed that transformation dropdowns ignore the selected Study after application reset
• ScExplorer
  • New Minor app updates and refactoring
  • New Added a new study selection panel
  • New Created the tools panel with 4 buttons for Dimension reduction, Clustering, DEG, psbulk
  • New Added radio button and checkboxes components to the right panel
• New Comparison
  • New Minor app updates and refactoring
  • Fixed Resolved a bug where scExplorer was not starting
• SampleQC
  • New Minor app updates and refactoring
• ScDeepDive
  • New Minor app updates and refactoring
• Enrichment Visualization
  • Fixed Comparison name showed in title of the individual comparisons tables
• TopTables
  • New Minor app updates and refactoring
• ProjectOverview
  • New Minor app updates and refactoring
• MaPlot
  • New Minor app updates and refactoring
• TFtargets
  • New Minor app updates and refactoring

PanHunter v19

General Apps

• TopTables
  • Update Made user messages for Comparison Update more meaningful
  • Fixed Fixed multiple bugs in “Check Comparison” functionality
• TFtargets
  • New Minor app updates and refactoring
• ScExplorer
  • Update Allow creation of float-typed annotations
  • Fixed Resolved a bug where scExplorer was not starting
• Enrichment Visualization
  • New Minor app updates and refactoring
• Network Visualization
  • New Minor app updates and refactoring
  • Fixed Fixed ordering by top features
• Signatures Visualization
  • New Minor app updates and refactoring
• New Comparison
  • Update Enabled “delete embedding” button for unnamed embeddings
  • Fixed Fixed problem with random reshuffling
• ProteomicsQC
  • New Now showing informative error message in place of Sample Selector
  • Update Improved label in Dimension Reduction plot (Sample Similarity tab)
  • Fixed Fixed issue with radio button reset after clear-all-button use
  • Fixed Restore default loading of preprocessing table columns
• MaPlot
  • New UX app update and refactoring
  • New Now showing informative error message in place of Sample Selector
  • Update Improved label in Dimension Reduction plot (Sample Similarity tab)
  • Fixed Fixed FeatureID column
• ScDeepDiven
  • Fixed Fixed issue with Pseudotime lineage saving fails
  • Fixed Fixed filtering of clusters with one cell for pseudotime
• Gene Comparison
  • New Minor app updates and refactoring
• Pathway Mapping
  • New Minor app updates and refactoring

Reference and meta data

• Update Set uniform Roxygen version for CellTypes, Skeleton, GOenrichment, Base, Plotwrapr, GO, OmicsAgnostic, Msigdb, Plus, D3GeneTable and update documentation

PanHunter v18

General Apps

• Start Page
  • New Projects now ordered alphabetically
  • New Added screen for projects under maintenance
  • Update Changed tab title from Admin to Start Page
  • Fixed The “Start Tour” button does not overlap start page notifications anymore
• ProteomicsQC
  • New Added feature that allows to combine the Preprocessing QC parameters from multiple studies
  • Update Improved label in Dimension Reduction plot (Sample Similarity tab)
  • Fixed Fixed snapshot modal window
• SampleQC
  • New Added Guided Onboarding Tour
  • Fixed App now prevents user from using too many samples to avoid crashes
• ScExplorer
  • New The app now shows slide images for spatial studies
  • New Added Comparison naming
  • New Users now can delete Comparison tables they have created
  • New Implemented background job for pseudotime annotation
  • Fixed Fixed boundaries verification for the number of selected cells
  • Fixed Fixed Differential Expression job cancelling
• ScDeepDive
  • New Minor app updates and refactoring
• Patient Data
  • New Integrated “Subject Selector” in the app
  • Update Made Proportion checkbox available to more first variable types
  • Update Legend values now show feature name when OmicsFeature is selected
  • Update Added alternative visualizations in the Graphics tab
  • Fixed Fixed Genotyping data plots in Graphics tab
• New Comparison
  • New Added Guided Onboarding Tour
  • Update Added file validity check before showing notification about saving a comparison
  • Update Deprecated usage of project pcutoff for comparisons calculation
  • Fixed Fixed notification about saving a comparison
• Top Tables
  • New Added Guided Onboarding Tour
  • Update Added Top Features to the GO table
  • Fixed Fixed an issue that caused ‘Go To’ buttons to work only once
  • Fixed Fixed an issue that crashed the app when Max Features set to 0
• MA Plot
  • Update Refactored feature to symbol mapping
  • Update Replaced Expression with Abundance
  • Fixed Fixed Comparison Group abundance type
  • Fixed App now handles the case when there are no significant features
• Gene Info
  • New The app got a new style and improved user experience
• Gene Clustering
  • New Added Guided Onboarding Tour
• Signatures Visualization
  • New Added Guided Onboarding Tour
• Enrichment Visualization
  • New Added Guided Onboarding Tour
• TfTargets
  • New Added Guided Onboarding Tour
• Admin App
  • New Added Confirmation window before deleting studies
  • Update “Data” tab now only visible for data managers and project leaders
  • Fixed Removed a hyperlink to the old start page in the header
• Proteomics Preprocessing
• New PGP can be run via snakemake on green product instances for the DiaNN PX pipeline

PanHunter v17

General Apps

• Start Page
  • New Added Start Page Guided Onboarding Tutorial
  • New Added display of PanHunter version
  • Update “Reset Settings” button is now hidden for ScExplorer app
  • Fixed Fixed Start Page for users without project roles
• ProteomicsQC
  • Fixed Fixed an issue with Export button being visible prior to study selection
  • Fixed Fixed a problem that caused app crash when Injection Order and/or Number of precursors is missing
  • Fixed Fixed subtitle in the Dimension Reduction plot
  • Fixed Fixed wrong label in the Dimension Reduction plot
  • New User selections stay selected when closing the tab
  • Fixed Snapshot links can be created now
  • Fixed User settings reset works also from the new start page
• SampleQC
  • Update Mitochondrial plot improvements
• ScExplorer
  • New App now gets studies list from Data Layer instead of environment variables
  • New App now displays the additional values from the Differential Expression analysis
  • New App now uses Data Layer as default annotation provider
  • New App now uses Data Layer for gene sets
  • New Added endpoint for retrieval of Differential Expression results
  • New Enabled deletion of shared gene sets
  • Update Memory usage improvements
  • Update Now updates study selection dropdown dynamically
  • Update Enable gene list storage via Data Service API
  • Update PCA key dropdown is now hidden when recalculate PCA is selected
  • Update Increased amount of top genes to 15
  • Fixed Renamed ‘category’ to ‘annotation’ where applicable
  • Fixed Fixed an issue where one corrupted study in the Data Layer prevents other studies to be registered
• ScDeepDive
  • Fixed Fixed an issue that caused Pseudotime Calculation to fail
  • Fixed Fixed an issue that caused Cluster Comparison to fail
• Project Overview
  • Update Allowed overwriting of already existing files
• New Comparison
  • New Refactored visibility of control elements in some control panels
  • New Custom annotations are now displayed in the new comparison sample table
  • Update When Comparison Groups is updated, calculation parameters now saved in the new storage
  • Update Now Calculate button only shown after nominator and denominator are provided
  • Update Comparison recalculation will not be triggered anymore when user switches studies in new comparison tab
  • Update Wrapping of long annotation key values is now enforced to avoid style breaks
  • Update Made labels more omics agnostic
  • Fixed Fixed error message that was displayed after deselecting a study
  • Fixed Fixed an issue that caused new comparison to not be saved even if banner claims that table was saved
  • Fixed Annotation Keys starting with a digit were prefixed with X, now such keys are not valid
  • Fixed Fixed word-break behaviour in alerts
• Top Tables
  • New Added standard error to Single Comparisons View tab
  • New Enabled loading of activity data from new storage
  • Update Improved shown columns in tables
  • Update ‘Table View’ improvements
  • Fixed Table for “Compound activity estimation” is not shown in new storage
  • Fixed Fixed Comparison Group overview table
  • Fixed Fixed an issue that caused Top Tables app to crash when changing Comparison Groups of different studies
  • Fixed Fixed link to the documentation page
  • Fixed Fixed column filtering for Comparison Groups overview
  • Fixed Fixed an issue that caused Comparison Overview table to show full timestamp when Comparisons are stored in data layer
• MA Plot
  • New Added None option to plots tab
  • Update Updated comparison loading
  • Fixed Detailed plot displays abundance correctly for different omics types
• Gene Info
  • Update Sample Selector is now always expanded on startup
• Gene Comparison
  • Update Updated comparison loading
  • Update Made App compatible with feature list storage in data layer
• Cross Comparison
  • Fixed Fixed plotting error that occured in the “Analyse few Match-Keys” tab
• Pathway Mapping
  • Update Updated comparison loading
  • Update Added check for node label when highlighting genes with manual freetext feature input
  • Fixed Fixed an issue that caused app to crash when joining pathway nodes with feature metadata
  • Fixed Fixed link creation for tooltips of multi-coloured features in graph
  • Fixed Fixed an issue with finding the element clicked by the user
• Network Visualization
  • Fixed Fixed input fillings from hyperlinks to the app
• Enrichment Visualization
  • New Enrichment analysis now works with only up- or only down-regulated features too
  • New Enabled loading of activity data from new storage
  • Update Made warning messages for input ranges more verbose
• Admin App
  • New Store species config data in project metadata field when creating projects
  • Update Project metrics block now shows “Data not available” instead of “0” when there’s no data
  • Fixed Added silent loading to background study info refresh
  • Fixed Fixed Project Deletion to avoid errors in Admin app
  • Fixed Fixed an issue that caused project policy upload to fail if there is no project directory

Other changes

• Update Made busy indicator shown immediately on startup
• Update Improved Data Layer performance
• Update Multiple improvements in Sample Selector

Reference and meta data

• Update Updated Wikipathways, MSigDB, Metabolon, ChipAtlas, BioGrid, GO and additional annotations

PanHunter v15

General Apps

• The New Start Page
  • New The start page got a redesigned clean look with vertical apps lists and is now much faster
• ProteomicsQC
  • Update Disabled right mouse button dragging on plotly plots
  • Fixed Fixed tooltip on the Quantifications - “How many features” plot
  • Fixed Fixed calculation of the Dimensionality Reduction Plot
  • Fixed Fixed Select Contaminants dropdown for the Quantity ranking plot
  • Fixed Fixed missing “None” in the Split by and Color by options
• ScExplorer
  • New Added study management
  • New App now shows PanHunter loading page instead of default
  • New Added refresh button for study list
  • Update Changed intervals of page refresh and loading messages
  • Update App now updates the model list after a new model is created
  • Update App now relogins user if the old session has expired
  • Update App now prevents user from creating or renaming an embedding with an existing name
  • Update Welcome study replaced with a study selection page
  • Fixed Replaced outdated annotation names
  • Fixed Avoided redirects in API using trailing “/”
  • Fixed Fixed study registration
  • Fixed Fixed bug when no lasso selection is made
  • Fixed Fixed warnings in Louvain and Leiden jobs
• ScDeepDive
  • Fixed Fixed a problem that caused the pseudo-time calculation to fail
• New Comparison
  • New Selected Samples and Check Outliers tabs now validate the Sample Selection
  • Update Feature filtering options adapted for proteomics
  • Update The app displays the internal_ID instead of the feature ID for PTM
  • Fixed Fixed a problem with PTM comparisons that caused MA Plot app to crash
  • Fixed Fixed typos in help messages
• Top Tables
  • New Split all links into Data and Go To panels
  • New Added function to export Comparison to CSVs
  • New App now shows “Show Comparison” and “Sample Table” buttons when using Comparison Data storage
  • New Implemented “Update” function for Comparison Data storage
  • New Implemented ‘Remove’ function for Comparison Data storage
  • New Added documentation about downloaded files from the app
  • Update More updates to support Comparison Data Storage
  • Update Improved and Extended the download of the Comparison zip
  • Update Cleaned-up Comparison overview table and added use of auto-generated names
  • Fixed Fixed empty UserID column in the comparison overview
  • Fixed Fixed a problem when the Comparisons Overview table remained empty after removing filters
  • Fixed Fixed Go To section links
  • Fixed Fixed handling of Comparison groups absence
• MA Plot
  • New Detailed plot’s x-axis is fixed now, showing all contrast factor levels in any case
  • New Imputed values are now also displayed in the Detailed Plot tab
  • Update The app displays the internal ID instead of the feature ID for PTM
• Pathway Mapping
  • New Implemented exact match for PTM/PTM and PTM/PG
  • Update The graph’s zooming was disabled till the app’s redesign
• Network Visualization
  • Update Updates to support Comparison Data Storage
• Signature Visualization
  • Update Updates to support Comparison Data Storage
  • Fixed Disabled right mouse button dragging on the plot
  • Fixed Fixed a problem that crashed app if no signature zscore data available
• Enrichment Visualization
  • New Comparison Group data is loading from Data Layer in the migrated projects
  • Update PNG downloads were removed
  • Update Comparison Group tab was refactored to avoid lags and glitches
  • Fixed Fixed an issue that caused the “Comparison Groups” tab crash, if group has only one comparison
• Admin App
  • New DataManagement: Implemented UI scaffolding for single-study view

Reference and meta data

• Update PanHunter now uses the newest Ensembl version (111)
• Update Removed mappings that do not match the EnsemblID pattern
• Update Removed hamster annotations

PanHunter v14

General Apps

• SampleQC
  • New New color scheme applied
• ProteomicsQC
  • Update Added a warning message on plots if there are too many values for coloring and/or splitting
  • Update Added a warning message on Coefficient of Variation plot if CV cannot be computed
  • Update Improved explanations of the preprocessing tab
  • Fixed Fixed a problem with Dimensionality Reduction plot being pre-computed at startup
  • Fixed Fixed a problem with contaminants rank plot when sample table contains the column name “ID”
  • Fixed Fixed Feature Counts plot’s ordering
• New Comparison
  • New New color scheme applied
  • Fixed Disabled TF targets analysis for peptidomics data
  • Fixed Suppressed Comparison data double saving
• Top Tables
  • Fixed Fixed an issue that caused app’s crash for explosion of two PTM comparisons
  • Fixed Added a fix that prevents app from crashing if the projects does not contain any comparison groups
• MA Plot
  • New New color scheme applied
  • New Added option to display Features names as labels on plots
  • New Detailed Plot can be colored based on metadata now
  • Update For peptidomics data the “Features to Highligh” will display internal ID instead of feature ID
  • Fixed Fixed an issue that caused missing features in multimappers
  • Fixed Fixed an issue that caused problems with plots zooming
  • Fixed Removed unrequired hovering value from the detail plot
• Gene Info
  • New New color scheme applied
  • Fixed Fixed a problem that caused Zoom Plot to duplicate the default Plot
• Gene Comparison
  • New New color scheme applied
• Gene Clustering
  • New New color scheme applied
• Pathway Mapping
  • New New color scheme applied
  • New The Pathway’s image is now zoomable
  • Update The app now uses internal PTM id instead of mapped feature id for PTM studies
  • Fixed Fixed an error that caused multiplied entries of the PTMs per gene symbol to be displayed
• Network Visualization
  • New New color scheme applied
• Signature Visualization
  • Update The message about the app not being designed for PTM studies added
• Enrichment Visualization
  • New New color scheme applied
  • New Comparison Group tab now also uses ComparisonSelector with multi-selector capability
• Admin App
  • New Added “About” block with the current PH version and useful links
  • Fixed Users: Fixed an issue that blocked removed users from being added again
  • Fixed Data Upload Wizard: Sample Table validation was failing for empty projects. Not a case anymore
  • Fixed Projects: Fixed an issue that blocked project updates from being saved due to the GitLab URL field
  • Fixed Contact Form: Fixed the issue when the form was not prefilled with project/app data in some cases
  • Fixed Fixed an issue that caused newly created project status be active instead of maintenance

Other changes

• New The EvoSampleSelector now avoids empty and not meaningful columns
• New “Clear The Filters” button was added in the EvoSampleSelector
• New Comparison inputs now displays a short name instead of an ID
• New All existing nameless comparisons now have a generated name
• New The new knowledge center is used as the core of help documentation across PanHunter
• Update The EvoTable’s “Select All” button now only select currently filtered elements
• Update PanHunter internal links creation performance improvements

PanHunter v13

General Apps

• SampleQC
  • Fixed Fixed an issue that caused app to crash when no QC data is available
  • Fixed Fixed an issue when selecting SUM as function on Samples/Conditions groups leads to a wrong column name
• ProteomicsQC
  • New New control added to switch between density and counts for the distribution histogram plot
  • Update The amount of values by which the plot can be split is now limited
  • Update Changed default annotations within the quantification tab
  • Fixed Fixed “Contact Us” link
  • Fixed Fixed not user friendly errors in the quantification tab
  • Fixed Fixed broken “Clear all” button on the “Dimensionality Reduction” plot
  • Fixed Header Appearance Enhancements
  • Fixed Fixed situations when 1 dot on plots was not colored properly
• New Comparison
  • Fixed Fixed an issue when sample annotations panel showed “Please enrich…” message even if already enriched
  • Fixed Fixed Exploratory analysis functionality for recently updated projects
• Top Tables
  • New The app now uses a new Comparison Selector
  • Update Top tables were renamed to Comparisons across PanHunter
  • Fixed Fixed an issue that caused heatmap being showed/downloaded even if cancelled by user
  • Fixed Fixed an issue that caused pathway names being “NA” for up regulated features
• MA Plot
  • New The app now uses a new Comparison Selector
  • New Added new UI elements to pick symbol and color variables for Volcano Plots
  • New Added input to allow user to select protein of interest
• Gene Comparison
  • New The app now uses a new Comparison Selector
  • Fixed Fixed enrichment for PTM
• Pathway Mapping
  • New The app now uses a new Comparison Selector
• Network Visualization
  • New The app now uses a new Comparison Selector
• Signature Visualization
  • New The app now uses a new Comparison Selector
• Enrichment Visualization
  • New The app now uses a new Comparison Selector
  • Update Manual input fields harmonized
  • Fixed Fixed enrichment for PTM
  • Fixed Fixed preselection of comparisons via URL
• Admin App
  • Notifications
    • New Notifications migrated from the Project Overview app to the Admin app. Allows project leaders to send notifications to users
  • Users
    • Fixed Fixed an issue where being on a non-first page in a user search causes missing results
    • Fixed Fixed an issue with server error if the same user was added to a project twice
  • Existing Projects
    • Fixed Fixed an issue that caused server error for projects with unknown status

Other changes

• New Preprocessing adjusted to include microbial genome
• New User guides for admin app added to the new Knowledge Center
• New A new discard button added to ComparisonSelector
• Update EvoSampleSelector is now automatically scaled to fit browser window size
• Update Validate sample table adapted for bacteria
• Update Login form changed to adapt fields to screen size
• Fixed The “Awaiting Data” stub was removed from empty EvoTable

Reference and meta data

• Update New reference genomes for H. sapiens, M. musculus and R. novegicus were installed. Now, both Ensemble Releases 110 and 111 are available.
• Update The rat genome was improved most significantly in this release since the transition to the reference genome mRatBN7.2 was made compared to version 104. There are for example almost 5000 more protein-coding genes for rat in release 110 than in 104.

PanHunter v12

General Apps

• Start Page
  • New The loading screen was updated to align the new PH theme
  • New Now app reads user’s permissions from the token instead of Redis
• ProteomicsQC
  • New Feature Counts plot can now be split on subplots and/or sorted by selected value
  • New Feature Counts plot can now be sorted by selected value
  • New ‘Color by value’ option now added to plots:
    • Features with CV % variation
    • Coefficient of variation
    • Intensity distribution
  • New Contaminants tabs now disabled for peptidomics platforms
  • New Sample Selector harmonized across tabs
  • New Added Calculate and Clear all buttons to the ‘Precursors identified by injection order’ plot
  • Update All labels of the plots were generalize to adapt for each kind of data
  • Update ValidateSampleTable adapted also for peptidomics
  • Fixed Fixed an issue that prevent user from splitting and coloring plot by the same value
  • Fixed Fixed the problem with labels being not correct when bars are ordered by values
  • Fixed No more NA! Labels in the PCA plot for peptidomics are now displayed correctly
  • Fixed Fixed a problem with invisible white dots on plots
  • Fixed Fixed problems with Normalization dropdown in Intensities tab
• Project Overview
  • Update Temporarily removed the ability to send messages to users - the feature will be redesigned
• New Comparison
  • New The name for Top Tables can now be customized
  • New Top Tables overview table now also shows custom names
  • Update Added a warning if user tries to use excluded samples
  • Update Now only the applicable sections are shown in the left panel of the application
  • Fixed Fixed a problem that caused sample table in “Selected Samples” tab to shows only subset of annotations
  • Fixed Delete and Duplicate buttons are displayed in Sample Annotations panel
• Top tables
  • New The sidepanel and header were redesigned, enhancing usability and appearance of the app
    • All UI elements and filters were rearranged and updated as well
  • New The application can now process Post-Translational Modifications data
  • New The app no longer triggers time-consuming recomputations when not necessary
  • New The all/most-recent top tables selection is now displayed only where it’s actually useful
  • New Each link to analyzes now have a useful description
  • Fixed Fixed an issue that prevented the top table from being selected with a first click
• MA PLot
  • New The application can now process Post-Translational Modifications data
  • New A new “Detail plot” tab with a volcano plot implemented for PTM studies
• ScBrowser
  • New PCA figure legends can now be divided into columns if they do not fit in the Plot area
  • New In addition, we now display up to 200 legends, instead of 50
• Gene Info
  • New The application can now process Post-Translational Modifications data
  • Update Temporarily deactivated the “Reference Data” and “Find Genes” tabs
• Gene Comparison
  • New PCA figure legends can now be divided into columns if they do not fit in the Plot area
  • Update The application can now process Post-translational modifications data
  • Update Alignment - Top Table selection dropdown list replaced with Top Table Selector
  • Update PCA tab was deactivated to avoid distinction with the New Comparison app
  • Fixed Heatmap coloring updated to bring more clarity to specific coloring combinations
• Gene Clustering
  • New The application can now process Post-Translational Modifications data
  • Update Now only the applicable sections are shown in the left panel of the application
  • Update App output now saved as feature list, not top table
• Pathway Mapping
  • New The sidepanel was redesigned, enhancing usability and appearance of the app
  • New UI elements were rearranged and tooltips updated to improve UX
  • New The application can now process Post-Translational Modifications data
• Network Visualization
  • New The application can now process Post-Translational Modifications data
  • Fixed Fixed an issue with floating genes that are not connected to anything
  • Fixed Fixed an issue where species could not be changed using the Network Species option
• Signature Visualization
  • Fixed Fixed link issue in the app’s documentation
• Enrichment Visualization
  • New App can now perform enrichment analysis for Post-Translational Modifications data
• Admin App
  • Activities
    • Fixed Fixed an issue with checkbox status change breaking pagination
• Users
  • New Added support to filter users not only by emails, but also by registration date and role
• Existing Projects
  • New Now users can see exactly what role they have in the project
  • New Users can now create, manage and add project-specific apps using UI
  • Non-admin data manager can now view a list of users
  • Fixed Fixed an issue where project managers who are not administrators could not edit the Information tab
• Admin App
  • Data Upload Wizard
    • New Communication emails on sample table upload now sent to Project Leaders and Data Managers of the project
    • Fixed Fixed an issue when sample table was not uploaded

Other changes

• New EvoReport now uses data.tree to represent content structure and other improvements
• Update The Pfam website was decommissioned, so we have updated all links to entries
• Update Same with the National Library of Medicine website and CAS numbers
• Update Scatter plots can now use non-numeric values on x-axis
• Fixed Column filters can now work with logical columns

PanHunter v10

General Apps

• ProteomicsQC
  • New Added “Calculation in Progress” notification
  • New Added Spectronaut parser as an additional entry point
  • Update Error messages are more user-friendly now
  • Update Updated the cumulative plot in the quantification tab
  • Update Replaced all bar and box plot occurrences with plotwrapr
  • Fixed Now all drop-downs behave properly when their value is empty
  • Fixed Added handling for situations when coloring and splitting options are identical
  • Fixed Fixed an issue with Injection Order plot disappearing after changes in the sample selector
  • Fixed Clear All button in Sample Similarity tab does not produce error anymore
• Start Page
  • New Project specific apps added to the start page
• Project Overview
  • Fixed Fixed issue with dashboard barplot: X-axis labels were cutoff and overlaying with axis title
• Signature Visualization
  • New The app now uses TopTableSelector instead of drop-down
  • Update Now shows harmonized top table labels
• Top tables
  • New On the “Compare Top Tables tab” all drop-downs were replaced with TopTableSelector
  • Update Now shows harmonized top table labels
  • Update Allowed loading of comparison groups with missing comparisons
  • Fixed Fixed download of top tables
  • Fixed Fixed loading of the missing comparison in Comparison Groups tab
• MA PLot
  • Update Now shows harmonized top table labels
• Gene Clustering
  • Update Now shows harmonized top table labels
• Pathway Mapping
  • Update Now shows harmonized top table labels
  • Fixed Removed escape and new-line symbols from descriptions
• Network Visualization
  • Update Now shows harmonized top table labels
  • Fixed Fixed app crash when changing network species to HS
  • Fixed Fixed subsetting of vector with list
• New Comparison
  • New New custom annotations are directly visible in the sample selector on fly
• Admin App
  • Activities
    • Fixed Fixed an issue when switching between projects would cause an error
  • Users
    • Fixed Fixed an issue when project roles for logged in user are not kept in sync
  • Project Creation
    • New A new switch allows to instantly include Patient Data in a new project
    • Fixed Validation messages now disappear after entering a valid input
    • Fixed No need to update the page - newly created project are now editable immediately
  • Existing Projects
    • New Project leaders can now delete empty projects via UI
    • Update User access to the project now checked when project URL manually entered in the address bar
    • Fixed Fixed an issue with project user listing only worked for global admins
    • Fixed Fixed an issue when non-admin project leaders could not add users to a project
    • Fixed Fixed an issue when project leaders list showed wrong first and last names
  • Data Upload Wizard
    • Update The file upload logic in Data Upload Wizard has been improved
    • Fixed Job status timestamp is now more user friendly
  • Contact Form
    • Fixed Fixed an issue with empty contact form when redirected from application

Other changes

• New Reactive context added to the Top Table Selector
• Update EvoData extended to make it suitable for storing TT and CGs
• Fixed Fixed an issue when starting TT calculation with two users at the same time can bring down external instances

2 - Glossary

A Glossary for terms used throughout PanHunter

Maintenance

If a project is in maintenance mode, users can’t access the apps from the Start Page. This can be useful for project initialisation or data integration.

Gene Ontology

Gene Ontology (GO) is a standard system for categorizing the function of genes in a comprehensive and meaningful biological framework. GO helps to understand the relationship between various genes and different biological pathways by assigning genes to terms. These standardized vocabulary are arranged in a hierarchy, with broad concepts at the highest and more specific ones at the lowest. There are three main GO branches:

1. Biological Process (BP): Correlates to the biological processes that the product of genes are involved in, such as immune responses, cell proliferation and division, signal transduction and so on.
2. Cellular Component (CC): Defines the specific locations within the intracellular environment in which the protein of interest is in its active form.
3. Molecular Function (MF): Corresponds to the biochemical activity of the product of a gene, such as catalytic, enzymatic, structural, transport, binding activities, etc.

P-Value

P-Value represents the probability of observing a extreme or more extreme result than what was actually observed, under the assumption that the null hypothesis is true. The null hypothesis, denoted H₀, is a statement of no effect/ differences between the reference and experimental samples in a biological trial. The decision regarding the acceptance or rejection of the H₀ is contigent upon the comparison between the p-value and the signficance level (α).

In the context of statistical hypothesis testing, α serves as a pre-determined treshold of probability utilized to assess whether the results of a study are statistically significant. It represents the highest level of probability at which the H₀ can be assumed true despite being false. The most commonly used α is set at 0.05 (5%), indicating that the researchers are willing to accept 5% risk of erroneously rejecting the null hypothesis. Nonetheless, a lower α (e.g. 0.01) implies researchers’ higher demand for stronger evidence to reject the H₀, while a higher α (e.g. 0.1) indicates researchers’ greater flexibility in accepting weaker evidence for supporting the H₀. A p-value less than the pre-determind α indicates that the likelihood of the observed result occuring by chance is very low. As a result, the H₀ is rejected, providing evidence to support the alternative hypothesis (Hₐ). Conversely, a p-value greater than α suggests that the observed result could have occured by chance, and the H₀ is not rejected. In such cases, there is not sufficient evidence to support the Hₐ.

In general, the p-value is the measure of strength of evidence against the null hypothesis.

Various equations can be employed to compute the p-value, which vary depending on the statistical analysis being conducted and the underlying assumptions about the data.

False Discovery Rate (FDR)

False Discovery Rate (FDR) is a statistical technique aimed at controlling the number of false positive results in multiple hypothesis testing by estimating the proportion of false positive results to the total number of results determined as statistically significant.

3 - Package Licenses

The following page lists all open source licenses used by packages within the PanHunter environment. For details please refer to the original license text.

Disclaimer: This list is not intended to be a reference for the licenses of individual packages, it has been compiled simply to give PanHunter users an easy overview. Only the license in exactly the form published by a package or via the official license website is legally binding.

• Apache License 2.0
• Artistic-2.0
• BSD 2
• BSD 3
• CC-0
• EPL
• FreeBSD
• GPL-3
• GPL-2
• LGPL
• MIT

4 - PanHunter – Data Privacy Statement ("Statement")

Last updated and effective as of 21 September 2023

Dear PanHunter user,

Thank you for using our software platform and websites. The protection of your privacy is very important to Evotec and we are committed to safeguarding your data and the information of the individuals and organisations with whom we interact including users of our software platform and visitors to our websites or recipients of marketing emails. This Privacy Statement is issued by Evotec International GmbH on behalf of itself and its domestic and international subsidiaries and affiliates (“Evotec”, “we”, “us”, or “our”) and sets out how we will treat your personal information.

Evotec is a drug discovery alliance and development partnership company focused on rapidly progressing innovative product approaches with leading pharmaceutical and biotechnology companies, academics, patient advocacy groups, and venture capitalists. As described in more detail below, the personal information collected and processed by us is generally limited to what is necessary to conduct business with other businesses or academic entities operating within, but not limited to, the pharmaceutical, biotech, and healthcare industries.

This privacy statement applies to the personal information we collect through Evotec’s omics data analysis platform PanHunter (“Platform”); websites; social media pages that reference this privacy statement (“Digital Channels”); offline collection in connection with sales, marketing, partner and supplier engagement (“Analog Channels”); and third-party sources, including but not limited to ad networks and address brokers (the “Channels”).

The Digital Channels may provide links to other third-party websites and features, or contain third-party cookies, that Evotec does not own or control. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

This privacy statement describes the types of personal information we gather, how we collect and may use that personal information, with whom we may share it, and how you may exercise your rights regarding our processing of the information.

The privacy statement also describes the measures we take to safeguard the personal information we collect and how you can contact us about our privacy practices.

We may amend or update this privacy statement from time to time to reflect changes in our practices with respect to the processing of personal information or changes to applicable law. We will post such amendments and updates on our website.

Evotec International GmbH, Essener Bogen 7, 22419 Hamburg, info@evotec.com is responsible for this Statement.

1 Collection and use of personal information

You may be asked to provide your personal information anytime you are in contact with Evotec. Evotec may share this personal information within Evotec with each other and use it consistent with this privacy statement. We may combine it with other information to provide anonymous, aggregated statistical information to help us improve our products, services, content, and advertising.

We may also collect your personal information from publicly available resources such as company, university, and publications websites, and combine it with personal data we have collected about you, to complete our customer profile of you in support of our sales and marketing activities.

1.1 What personal information we collect

• Information that you provide by filling in forms, which include information, provided at the time of registering to use the registration-only sections of the websites such as username, password and security question and answer, if applicable.
• Personal details: Your given name(s), or preferred name(s)
• Contact details: Your postal address, telephone number, fax, and email address
• Employment details: Your industry, job title/position, business activities, names of current and former employers
• Electronic Identifying Data: Unique personal identifiers (such as IP addresses, cookies, and other forms of identifiers).
• Email correspondence with you

1.2 How we use your personal information

We may process your personal information: for the purposes described in this privacy statement, with your consent, for compliance with a legal obligation to which Evotec is subject, or for the performance of a contract to which your company is party. If you have questions about this legal basis, you can contact the data protection officer.

The following processing activities are based on your consent (Art. 6 para 1 lit. a GDPR):

• We will use personal data for direct marketing communications about our products, services, events and promotions (such as by sending promotional materials, newsletters and other marketing communications), to conduct and facilitate surveys, marketing or sales analytics, lead generation, business development, event management, market research and development (trend analysis, financial analysis and customer segmentation), education and training
• We may use your email address to send you marketing emails to a designated email address. If you do not wish to receive such marketing emails, you may opt out by declining to receive such emails when registering or at other information collection points on our websites or by following opt-out instructions included in such emails

Processing for the performance of a contract with the company you work for (Art. 6 para 1 lit. f GDPR):

• The personal information we collect allows us to provide our products and services, process and fulfil orders and keep you informed about the status of your order, provide customer support, create, administer and communicate with you about your account (including any purchases and payments), and provide investor services
• We will use personal information to process, evaluate and respond to requests and enquiries; administer and register participants in our courses, events or webcasts
• From time to time we may use your personal information to verify your identity and protect against and prevent fraud and other unlawful activity, unauthorized transactions, claims and other liabilities, and manage risk exposure and quality; to maintain and enhance the safety and security of our products, services, online channels, network services, information resources and employees

1.3 Sources of personal information (where they are not collected directly from you)

• We may receive your personal information from third parties who provide it to us (e.g. your employer or other third parties with whom you or any affiliated organization may be connected, such as one of our customers or suppliers)
• We may receive your personal information from publicly available sources, online advertising companies, and social media pages or in connection with sales, marketing, and partner and supplier engagement, lists from acquired companies, events and conferences, and purchased lists

You can manage your subscription preferences to select the type of communications you wish to receive from Evotec at any time or alternatively you will be able to unsubscribe from all communications by using the link in the footer of our emails or by sending an email to panhunter@evotec.com. We will then not send you any further marketing communications.

1.4 Automatically collected information

• Web Server Logs: A web server log is a log file of activities performed by the users on our website that is created and maintained by a server (also see “1.5 Usage data”)
• IP Address: An IP address is a number assigned to your computer or router whenever you access the Internet that allows your devices and servers to recognise and communicate with each other. We store the IP address transmitted by your web browser for a period of seven days in order to detect, limit and eliminate faults or errors (e.g. attacks on our servers). After this period has expired, we delete or anonymise the IP address. We use the IP address exclusively for the above-mentioned security purposes
• Cookies: Cookies are small files that are stored on a visitor’s device. They allow information to be stored for a certain period of time and can be used to identify the visitor’s computer. So-called session cookies are used to control your visit of our site, which are automatically deleted when you close your browser. You can set up your browser so that it informs you about the placement of cookies. This makes the use of cookies transparent for you

1.5 Usage data

When you use our Platform or visit our websites, so-called usage data is temporarily stored on the web servers for statistical purposes as a protocol in order to improve the quality of our website. This data set consists of:

• the page from which the file was requested
• the name of the file
• the date and time of the query
• the amount of data transferred
• the access status (file transferred, file not found)
• the description of the type of web browser used
• the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be produced

We use this information to enable the access to our Platform and website, to control and administrate our systems and to improve the design of our website. The legal basis for the processing is Art. 6 para 1 lit. f GDPR.

1.6 Our service providers

We use service providers to operate our websites, CRM, marketing automation platform and other internet services. These service providers are strictly bound to our instructions with a contract according to Article 28 GDPR.

Service providers are helping us with the processing of your data. These service providers operate, for example, our servers on which your data is stored. In cases where service providers have access to personal data processed by us from outside the European Union or the European Economic Area, we have established contracts including Standard Contractual Clauses (which you can find here) or other measures to ensure an adequate level of data protection in the respective country.

1.7 Contact form, registration and downloadable content

You may contact us via our websites or microsite/landing pages to enquire about a service, register for an event or to download content (e.g., posters, publications, presentations, videos and other materials and rich media resources). During this process, we may ask you for your contact details that you give us voluntarily. We also collect data each time you download a particular piece of content. We use this data for forwarding your request to the responsible department as well as keeping you informed about our research, new services or our events or other information that is relevant to you. You can withdraw your consent concerning the use of this data at any time by sending us an email to panhunter@evotec.com or by using the unsubscribe buttons on any marketing emails. We will not use your data any further after the withdrawal of your consent.

2 Sharing and transmission of personal information

We will not disclose or share your personal data to third parties, except in the following circumstances and in accordance with applicable law:

• With your consent
• To our global affiliates, subsidiaries, divisions and groups worldwide and third-party service providers, who act on our behalf and instructions to fulfil product orders, deliver services, provide IT support, and fulfil the other purposes set forth above
• To our affiliates, who work with us to improve our and their products, services and business practices
• As required by applicable law, including, without limitation, in response to any government or regulatory agency request, to cooperate with law enforcement investigations, or upon receipt of any court order, and
• To courts and public authorities to protect you, us, or third parties from harm, including fraud or instances where somebody’s physical safety is at risk.

We are not responsible for the privacy policies of websites to which our websites may link. If you provide any information to such third parties, different rules regarding the collection and use of your personal data will apply. We strongly suggest you review such third party’s privacy policies before providing any data to them. We are not responsible for the policies or practices of third parties.

2.1 International transfer of personal data

Evotec is an international business and, at time, will need to transfer your personal data within our group of companies or to approved third party providers. In some cases, we may transfer your data from inside to outside of the European Union and the European Economic Area. In these cases, we have ensured that an appropriate level of data protection is guaranteed by so-called Standard Contractual Clauses (SCCs). The relevant parts of the contracts concluded within our group of companies can be found here (2010/87/EC) and here (2004/915/EC).

3 Integrity and retention of personal information

We will retain your personal information for the period necessary to fulfil the purposes outlined in this privacy statement. When assessing these periods we carefully examine our need to collect personal information at all and if we establish a relevant need, we only retain it for the shortest possible period to realise the purpose of collection unless a longer retention period is required by law. Subsequently, or if you ask us to do so, we will delete your personal data.

3.1 Your rights as a user

As a user, you have the right to request information about what personal data is stored by us and for what purpose it is stored. In addition, you may have incorrect data corrected or data deleted that is inadmissible or no longer necessary to be stored. Additionally, you have the right to demand the restriction of the processing of your data, to have your automatically processed data transferred, if we process them by your consent or contract, and to complain to a regulator, if you believe that the processing of your data by us is unlawful.

Finally, you have the right to object to the processing, if your data are processed due to Art. 6 para. 1 lit. f GDPR. We will then cease to process your data unless there are demonstrable compelling reasons for the processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, pursuing or defending legal claims.

We are at your disposal for information, wishes or suggestions on the subject of data protection.

3.2 Data Protection Officer

Our data protection officer will be happy to provide you with information or suggestions on the subject of data protection:

Peter Suhren
FIRST PRIVACY GmbH
web: www.first-privacy.com
e-mail: office@first-privacy.com
phone: +49 421 69 66 32 80

When making an inquiry, please include the entity that is affected by the inquiry.

5 - PanHunter – Terms of Use

TERMS OF USE FOR EVOTEC PANHUNTER

These standard terms and conditions (Terms of Use) shall govern the license and use of Evotec’s PanHunter(c) software provided by Evotec International GmbH, Manfred Eigen Campus, Essener Bogen 7, 22419 Hamburg, Germany, (Evotec) to the Client

1. Definitions

For the purposes of these Terms of Use, whenever used with capitalized initial letter, the following terms shall have the meaning ascribed to them below. In any event, the term “including” shall mean “including, but not limited to”

1.0 Affiliate

means, with respect to any person or entity, any other person or entity, which directly or indirectly controls, is controlled by, or is under common control with, such person or entity

A person or entity shall be regarded as in control of another person or entity if it owns, or directly or indirectly controls, more than fifty percent (50%) of the voting stock or other ownership interest of the other person or entity, or if it directly or indirectly possesses the power to direct or cause the direction of the management and policies of the other person or entity by any means whatsoever

1.1 Agreement

means these Terms of Use together with (a) the Work Order, and, if applicable, (b) the Change Order(s) to such Work Order, comprising the agreement main body and all appendices attached hereto

1.2 Applicable Law

means any then-current law or statute, and any rule, regulation or guideline issued by a governmental authority, as well as any judicial, governmental, or administrative order, judgment, decree or ruling, in each case as applicable to the subject matter and the Parties at issue, as amended from time to time

1.3 Background IP

means any IP conceived, first reduced to practice or rightfully acquired by a Party prior to the Effective Date hereof or outside of the Parties’ collaboration hereunder.

1.4 Client

means the party desiring to use the Software and/or ordering the Services

1.5 Client Input Data

means

• (a) raw omics data, including its associated sample meta data (e.g., timepoint of sampling, sample treatment), and/or
• (b) raw clinical data, including its results of laboratory analysis, and/or
• (c) analysis-ready data of (a) and/or (b), which have been pre-processed for Software entrance,

(a) to (c) owned or controlled by Client and either generated by Evotec on behalf of Client or provided by Client to be further processed by the Software and in connection with the Agreement.

1.6 Confidential Information

means all information, including know-how and the subject matter of any unpublished invention, or any material in tangible form that is disclosed or made available under the Agreement by or on behalf of one party (Disclosing Party) and/ or its Affiliates to the other party (Receiving Party) and/ or its Affiliates and that is marked as “Confidential” at the time it is disclosed or delivered to the Receiving Party (or, if disclosed orally, is identified as confidential when disclosed) or would be readily recognized by a reasonable person to be confidential or proprietary to the Disclosing Party whether or not it was marked or identified as confidential or proprietary. The term Confidential Information shall also include the existence and contents of the Agreement

1.7 Derived Data

means all data that originate by using the Software from

• (a) analysing Client Input Data, and/or
• (b) analysing Client Input Data in combination with
  • (i) other Client Input Data used as reference,
  • (ii) Evotec Reference Data, and/or
  • (iii) Public Domain Data, and/or
• (c) as well as data deriving thereof, including further processed and aggregated data

For the avoidance of doubt, Derived Data shall not include

• (i) Evotec Reference Data,
• (ii) Public Domain Data, and
• (iii) any metadata or usage data analysis performed by Evotec in accordance with Section 3.4

1.8 Evotec Reference Data

means data or information which originate from Evotec’s research activities, and which are owned or controlled by Evotec and/or its Affiliates and is used by Evotec in connection with the Software and/or the provision of the Services.

1.9 Feedback

means any communication by Client, its Representatives or Affiliates, including any expression, opinion, idea and/or suggestion, whether provided orally, in writing, or in other form about (potential) improvements or enhancements of the Software and its quality, usefulness, practicability and/or user-friendliness

1.10 Field

means the research area and/or purpose set forth in the Work Order and in which the Client intends to use the Software

1.11 Force Majeure

is defined in Section 14.1.

1.12 Evotec Improvement

means any Invention, which constitutes an improvement or enhancement to the Software and/or Evotec’s Background IP, including but not limited to software, algorithms, and databases as well as any and all Intellectual Property relating to generally applicable technology, methodology or processes essentially developed by Evotec

1.13 Invention

means any invention, discovery, method, technological development, composition, enhancement, technology, data, know-how, computer software (including but not limited to source code and executable code) algorithms, databases, or information (whether or not patentable)

1.14 Intellectual Property or IP

means

• (a) copyrights, patents, database rights and rights in trademarks, designs, know-how, trade secrets (including any patentable ideas) and Confidential Information (whether registered or unregistered),
• (b) applications for registration, and the right to apply for registration, for any of these rights, including renewals, continuations, continuation in part, reissues, and extensions, and
• (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world

1.15 Personal Data

means any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person

1.16 Public Domain Data

means any kind of data or information provided through or in connection with the Software that originates from public sources

1.17 Service(s)

means any kind of the services provided by Evotec in connection with the Software and/or the Work Order or Change Order(s)

1.18 Software

means Evotec’s proprietary data analysis software “PanHunter” hosted by Evotec, which offers interactive, direct, and comprehensive tools to analyse and interpret biological data

1.19 Support

is defined in Section 6.1

1.20 Taxes

means sales, use, gross receipts, excise, compensating, withholding or other taxes (including value added tax), licenses, duties, charges, or fees (excluding Evotec’s net income and franchise taxes)

1.21 Third Party

means any person or entity other than the Parties and their Affiliates

1.22 Term

is defined in Section 15.1

1.23 Work Order

means the description of

• (a) the respective Software, its version, modules, and components to be licensed under these Terms of Use,
• (b) the Field,
• (c) the respective License and Support Fee,
• (d) the Authorized Users, and
• (e) any Additional Services as defined in Section 6.5 to be provided by Evotec under the Agreement, as set out in any written document duly signed by both Parties’ authorized representatives.

2. Conclusion of an Agreement

2.0 Work Order

A binding Agreement between Evotec and the Client for the use of the Software shall only arise as and when a Work Order has been issued. No other conditions shall apply to the Agreement, including the Client’s own terms and conditions.

2.1 Priorities

These Terms of Use will take precedence over any conflicting terms and conditions set forth in the Work Order or a Change Order as the case may be, to which they are attached or any other document, including any Client purchase order, unless the Work Order and/or other written agreement makes an express reference to the provision of these Terms of Use that shall be amended and with effect only to such Work Order

For the avoidance of doubt, no printed standard terms that may appear on any document provided by Client to Evotec shall have any effect unless expressly agreed in writing by authorised representatives of both Parties

3. Intellectual Property

3.0 License

Subject to the terms and conditions of these Terms of Use and Client’s payment of the License Fee set out in the Work Order, Evotec grants to Client a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Software for its own internal operations in the Field. The license granted in the preceding sentence shall become effective upon the effective date of the Work Order and remain in effect during the Term of the Agreement. The Service may include open-source software (“OSS”), which may be governed by separate license terms (“OSS License”). If, and solely to the extent, an OSS License requires that the Agreement imposes certain disclaimers, provisions, prohibitions, or restrictions, then such disclaimers, provisions, prohibitions, or restrictions shall be deemed to be imposed, or incorporated by reference into the Agreement, as required solely with respect to the corresponding OSS which is governed by such OSS License. The respective OSS Licenses are set out here.

3.1 License to provide Services

Client hereby grants to Evotec a royalty-free, non-exclusive license to use any of Client’s Background IP and rights in Client Input Data and Derived Data for the performance of its Services under the Agreement

Client shall promptly inform Evotec in writing about any restriction to its Background IP, Client Input Data, and Derived Data relevant to Evotec’s performance of the Services

3.2 Ownership of Evotec IP

Nothing in the Agreement shall affect Evotec’s ownership of Evotec’s Background IP, and Software. All right, title and interest in any Invention which constitutes an Evotec Improvement, together with all patent rights and other IP therein, and irrespective of whose Party’s employees or contractors have made the Invention, as well as any and all IP relating to Client’s Feedback, shall be owned by Evotec. Client hereby assigns and transfers to Evotec all of Client’s right, title, and interest therein and thereto.

3.3 Derived Data

As between Evotec and Client, Client shall own the Client Input Data and Derived Data. Notwithstanding the foregoing, Client agrees that Evotec may conduct metadata and usage data analyses of Client’s use of the Software to debug, alter, and/or improve the Software

Client shall have the right, at its sole expense and in its sole discretion, to control the preparation, filing, prosecution, maintenance, and enforcement of all patent applications and patents relating to Derived Data; however expressly excluding any of Evotec’s Background IP, Evotec Reference Data and/or Evotec’s Improvements

3.4 Evotec Reference Data

The license granted pursuant to Section 3.1 does not include the right to use Evotec Reference Data

Any grant of rights in relation to Evotec Reference Data, and/or any Services by Evotec in relation thereto shall be subject to a separate written agreement between the Parties

3.5 Improvements to the Software

Except if expressly agreed otherwise in writing between the Parties in the Work Order, Evotec will not use Client Input Data to train, improve, or test the Software, without Client’s prior written consent. Notwithstanding the preceding sentence, Evotec has the right to use any Feedback by Client. For clarification purposes, Evotec Improvement relating to Client’s Feedback, shall be owned by Evotec and Client hereby sells, assigns, and transfers to Evotec all of Client’s right, title, and interest therein and thereto

3.6 Employees and other Persons

Each Party shall cause all employees and other persons acting on its behalf in performing its obligations under the Agreement to be obligated under a binding written agreement, or otherwise according to law, to assign to it, or as it shall direct, all inventions made or conceived by such employees or other persons

3.7 Information in Public Domain

Nothing contained in the Agreement shall restrict, hinder, or prohibit the right of either Party to use any know-how, data, or information of the other Party which is freely available and in the public domain

3.8 No implied license

Except as provided in the Agreement, no express or implied licenses or other rights are provided by either Party to the other under any patents, patent applications, trade secrets, or other proprietary rights of a Party herein

3.9 Non-exclusivity

Nothing contained herein shall limit Evotec’s ability and right to grant licenses to the Software to Third Parties

4. Access to Software and provision of Derived Data

4.0 Client’s access to the Software

Evotec shall use commercially reasonable efforts to make the Software available to Client

The Software will be made available to Client in a software as a service-setup

Any details regarding Client’s access to the Software and the availability of the Software will be set out in the Service Levels attached hereto as Annex 1

4.1 No interoperability or compatibility

Unless otherwise agreed in the Work Order, Client will receive Derived Data through its use of the Software

Derived Data will be in Evotec’s standard format, unless otherwise specified in the Work Order or as otherwise agreed to by the Parties

Client acknowledges that Derived Data generated through Client’s use of the Software may not be interoperable or compatible with Client’s format or form

5. Client’s obligations

5.0 Use within the research field

Client shall only use the Software within the defined Field and in accordance with

• (a) the terms and conditions of these Terms of Use,
• (b) the Work Order, and
• (c) Applicable Law

5.1 Authorized Users

Client shall limit access to the Software to the users listed in the Work Order (Authorized Users) in accordance with the usage metrics, numbers, and volumes stated in the Work Order and shall ensure that access credentials such as username and password are used in compliance with these Terms of Use and the details of the Work Order

5.2 Secure Use

Client shall take all reasonable measures to use the Software securely. Such measures shall be no less than the highest degree of care that Client uses to protect its own IT-systems of similar nature. Such measures include, but are not limited to, (a) choosing a secure password and keeping it confidential, (b) to the extent offered by Evotec, using two-factor-authentication to authenticate Authorized User’s identity before accessing the Software

5.3 Compatibility

Client is solely responsible for ensuring that its systems meet the hardware, software, and any other applicable system requirements for the Software as specified by Evotec in the documentation referenced in the Work Order

Evotec has no obligations or responsibility under the Agreement to resolve any issues caused by Client’s use of any third-party hardware or software

5.4 Prohibited use

Client shall not:

• a) redistribute, copy, reproduce, record, transfer, or display to the public, or make available to the public the Software or any part of it, or otherwise make any use of the Software or its content which is not expressly permitted under these Terms of Use, the Work Order, other agreements concluded between the Parties relating to the Software or Services, or any Applicable Law or which would in any way infringe Evotec’s IP rights;
• b) use the Software to process any data or information Client does not have the legal right to process;
• c) extract and/or transfer information or data from the Software in ways not explicitly allowed by these Terms of Use or under the Work Order;
• d) mass-download or transfer any data available within the Software through any mechanism or measure without Evotec’s prior written permission to do so. This does not apply for mass-download features which are explicitly implemented in the Software by Evotec for that purpose;
• e) reverse-engineer, decompile, disassemble, modify, or create derivative works of the Software, its content or any part thereof, especially extract the code or algorithms used by the Software, especially not with the help of artificial intelligence components, except to the extent permitted by Applicable Law or for those parts covered by other licenses that specifically grant those rights;
• f) sell, rent, sublicense, lease, or otherwise commercialize the Software or any part of it;
• g) “crawl” the Software or otherwise use any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Evotec or the Software;
• h) in any way use data, information, or material that (i) is offensive, abusive, defamatory, pornographic, threatening, obscene, illegal, or intended to promote or commit an illegal act of any kind, including violations of IP rights, privacy rights, or proprietary rights of Evotec or a Third Party; (ii) includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Software or Services; (iii) is intended to or does harass or bully other users; (iv) impersonates or misrepresents Client’s affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading; (v) involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar; (vi) links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Evotec;
• i) interfere with or in any way disrupt the Software, tamper with, breaches, or attempt to probe, scan, or test for vulnerabilities in the Software or Evotec’s computer systems, network, usage rules, or any of Evotec’s security components, authentication measures or any other protection measures applicable to the Software or Services, the content, or any part thereof

5.5 Provision and processing of Client Input Data

Unless otherwise agreed in the Work Order, Client is responsible to generate Client Input Data which Client desires to process with the Software

Unless otherwise agreed between the Parties, Client shall provide Client Input Data in a format, form, and quality as set out in the Work Order and as necessary to ensure compatibility with the Software

Except as set forth in the Work Order, Evotec has no right and no obligation to check, control, or confirm the quality of Client Input Data

Client is responsible to ensure that the use of Client Input Data in the course of the Agreement complies with Applicable Law

Unless expressly agreed between the Parties in the Work Order or another written agreement, Client is responsible for entering the Client Input Data into the Software

5.6 Data storage

Client shall archive and conduct regular data backups of all Client Input Data and Derived Data

Client acknowledges that, unless provided by Applicable Law or set out in the Work Order, Evotec has no obligation to store or maintain any backups of Client Input Data or Derived Data, except backups according to the technical and organisational measures as described by the Service Levels attached hereto as Annex 1 and may delete all Client Input Data and Derived Data after the Term of the Agreement

5.7 Misuse or fraud of username and password

Client acknowledges that it is responsible for all activities performed in connection with a Client user account

Client shall notify Evotec immediately in case of loss, theft, fraud, or security flaw of user account data has occurred or is reasonably expected to occur

5.8 Client delays

Evotec will not be liable to Client nor be deemed to have breached the Agreement for errors, delays, or other consequences arising from Client’s failure to provide the Client Input Data and/or any necessary documents or information, nor will Evotec be liable to Client if Client fails to cooperate with Evotec otherwise reasonably

Any such failure by Client will automatically extend any timelines affected by a time period that reasonably takes into account such failure in providing Client Input Data, documents, information, or cooperation

6. Support services

6.0 Evotec Support

If applicable, Evotec shall use commercially reasonable efforts to provide Client with support services in relation to errors, bugs, code corrections, and patches of the Software which prevent Client from using the Software in accordance with the Agreement (Support)

The Support does not cover any adaptations or modifications of the Software made by Client or any Third Party

6.1 Basic Training

If set out in the Work Order, the Support includes a training workshop offered by Evotec to Client’s Authorized Users

The Parties will agree on the time, place, and setup of such workshop

6.2 Service Levels

Evotec will provide Support with

• (a) reasonable skill and care,
• (b) in accordance with Applicable Law, and
• (c) in accordance with the Service Levels attached in Annex 1

6.3 Support and information

Client shall provide Evotec with all necessary and reasonable support and information in its possession as it relates to the performance of Support by Evotec, including all information regarding incidents and defects in relation to the Software as well as all support and information required by and set forth in the Work Order.

6.4 Further consulting

Evotec may offer additional services to help resolve issues or other services that fall outside the scope of the Support (Additional Services)

Any Additional Services may be agreed between the Parties in the Work Order or other written agreement setting forth the scope and respective service fee (Additional Service Fee)

6.5 Experimental nature

Client acknowledges that

• (a) software is never entirely free from bugs and that the complete absence of bugs is not an agreed quality of the Software;
• (b) the Software and Services by Evotec are experimental in nature and subject to risk factors and events beyond the reasonable control of Evotec;
• (c) these factors shall be taken into account when assessing Evotec’s obligations under these Terms of Use or the Work Order;
• (d) the Software is provided ‘as-is’ and without warranty of any kind, express, implied or otherwise, including without limitation, any warranty of merchantability or fitness for a particular purpose and
• (e) the Software is not meant to comply with frameworks such as GxP or similar frameworks

6.6 Right to modify

Evotec has the right to modify or discontinue, temporarily or permanently, features and functions of the Software and/or Services due to technical difficulties, maintenance, or testing, important upgrades, or any other unforeseeable challenges

Evotec will inform Client hereof reasonably in advance

7. Work Order

7.0 Changes

Any material changes to the Work Order, including to the Field, the Client Input Data concerned and/or changes to the scope of Services and/or to the assumptions or requirements that arise during the performance of the Software or Support, shall be agreed in writing between the Parties (Change Order)

If Client requests a Change Order, Evotec will use commercially reasonable efforts to accommodate such request, provided, however, that Evotec has determined that it can comply with such request and the Parties have reached agreement on the additional remuneration to be provided by Client to Evotec for such Services.

7.1 Deviations

Evotec shall not intentionally change or deviate in any material manner from the Work Order without Client’s prior consent

Evotec shall be entitled to deviate from the Work Order without Client’s consent in an emergency, provided that in such case, Evotec shall use commercially reasonable efforts to notify Client prior to such deviation and obtain Client’s verbal approval, which shall subsequently be confirmed by Client in writing

In case Evotec unintentionally changes or deviates from the Work Order, Evotec shall notify Client after Evotec detected the change or deviation

In case of minor material changes or deviation, Client shall not have the right to demand the original service, provided however, that the deviation is useful for the research of Client in the Field.

7.2

If any regulatory authority instruction requires a change to the Work Order, the Parties shall work together in good faith to agree on a revised Work Order. If the Parties cannot come to an agreement on a new Work Order within ninety (90) days of the effective date of a suggestion or mandate by the regulatory authority according to this Section 7.3, either Party shall have the right to terminate the affected Work Order. During such period, Evotec may postpone any delivery dates accordingly

8. Data Protection

8.0 Client Data

Client will maintain and process all Personal Data contained in the Client Input Data and Derived Data in compliance with applicable data privacy and protection laws, including the European Data Protection Regulation (EU) 2016/679 (GDPR). Client shall ensure that any patient consent necessary in connection with the Client Input Data and Derived Data controlled by Client was obtained

8.1 Responsibility

Except if otherwise agreed in the Agreement between the Parties, Client shall be responsible as a controller under GDPR for the processing of Client Input Data via the Software and Evotec carries out all processing of Personal Data via the Software on behalf of Client

If required by Applicable Law, the Parties will enter into a data processing agreement in accordance with Art. 28 GDPR

8.2 Preferred use of anonymized or pseudonymized data

If possible and in accordance with Client’s research project, Client shall procure that Client Input Data entered into the Software is anonymized, or at least pseudonymized

9. Fees and Payment

9.0 Remuneration

In consideration for the license grant to the Software pursuant to Section 3.1, Client shall pay to Evotec the applicable license fee as set out in the Work Order (License Fee)

In addition, and to the extent agreed between the Parties in the respective Work Order, Client shall pay the applicable fee for the Support as set out in the Work Order (Support Fee) and any agreed Additional Service Fee

Fees stated in the Agreement shall be exclusive of any taxes, which shall be paid by Client to Evotec in addition, if applicable. With regard to Withholding tax, reference is made also to Section 9.7

9.1 Out-of-pocket expenses

In addition to the payments according to Section 9.1, Client shall reimburse Evotec any reasonable out-of-pockets expenses

9.2 Currency

All invoices and all payments shall be made in EUR, GBP, or USD as the case may be and as set forth in the applicable Work Order

If Evotec incurs expenses in a currency other mentioned here, Client will reimburse Evotec for Evotec’s actual costs based on the oanda.com foreign currency exchange rate for the applicable currencies on the date that Evotec makes payment in respect of such expenses

9.3 Due date

All fees will be invoiced by Evotec to Client

Payments are due and payable within thirty (30) days net from the date of the invoice and shall be made by electronic bank transfer to the account noted on the invoice

9.4 Payment disputes

If any portion of an invoice is disputed in good faith by Client, Client will pay the undisputed amounts and promptly notify Evotec in writing of the nature of the dispute, whereupon the Parties will use good faith efforts to reconcile the disputed amount as soon as practicable

9.5 Default interest

Evotec is entitled to charge default interest in the amount equivalent to €STR (six (6) months) plus two percent (2%) per month (or, if lower, the maximum amount allowed by Applicable Law) for any undisputed payment owing and not received by Evotec when due

9.6 Withholding right

If Client fails to pay any undisputed invoice when due, in addition to its other rights under the Agreement, Evotec will have the right, in its discretion, to cease all activities hereunder and withhold all data, information, reports, and material of any kind until all outstanding and undisputed invoices have been paid in full

It is understood that prior to ceasing all activities and withholding all data, information, reports, and materials, Evotec will make all reasonable efforts to initiate good faith discussions with Client with a view to resolving the payment issues otherwise

9.7 Withholding Tax

All sums payable under this Agreement shall be paid in full without any deductions (including, but not limited to, deductions in respect of items such as income, corporation, or other taxes, charges and/or duties) except insofar as Licensee is required by law to deduct withholding tax from sums payable to Evotec

If Licensee is required by law to deduct withholding tax, then Licensee will retain such withholding tax and pay it to the proper tax authority on account of Evotec. Official receipts of payment of any retained local withholding tax shall be secured and sent by Licensee to Evotec as evidence of such payment on Evotec’s request. Licensee and Evotec shall co-operate in all respects and take all reasonable steps necessary to

• (a) lawfully avoid the making of any such deduction,
• (b) Licensee will inform Evotec as early as possible e.g. in the time of placing a work order in case that this work order entails payments/services to Evotec that are subject to withholding tax and how this will affect the amount of compensation paid out to Evotec and
• (c) to enable Evotec to obtain a tax credit, reduction or refund in respect of the amount withheld

In addition, the Licensee is obliged to provide Evotec with the name of the competent authority and the necessary forms to enable Evotec to apply for a certificate of exemption upon completion of the order

10. Confidentiality

10.0 Confidentiality and restricted use

The Receiving Party shall

• (i) protect Confidential Information from unauthorized use or disclosure and
• (ii) use Confidential Information solely for the purposes of administering its obligations under the Agreement

10.1 Disclosure to Third Parties

Neither Party shall, except with the express prior written consent of the Disclosing Party, disclose any Confidential Information of the Disclosing Party to any person or entity other than its or its Affiliates’ officers, directors, employees, agents, collaborators, and consultants who need to know such information for the performance of the Agreement and who are bound by a written confidentiality agreement no less stringent than the terms of the Agreement or by professional rules of secrecy

10.2 Exceptions.

The above confidentiality obligations shall not apply to information which, as can be established by the Receiving Party,

• (a) was communicated to the Receiving Party from a Third Party entitled to make such a disclosure; or
• (b) was already in the public domain or subsequently entered the public domain through no fault of the Receiving Party; or
• (c) was already known by the Receiving Party or developed independently by the Receiving Party without reference to or reliance upon information provided by the Disclosing Party; or
• (d) is to be disclosed pursuant to any legal, regulatory, or stock exchange requirement (but only to the extent such information needs to be disclosed)

10.3 Survival

The above confidentiality obligations shall survive any expiration or termination of the Agreement and shall continue for a period of five (5) years from the date of expiration or termination of the Agreement. To the extent that any of the Confidential Information disclosed hereunder is a trade secret, the obligations set forth herein will survive the termination of the Agreement for so long as the information disclosed qualifies as a trade secret under the requirements of the Applicable Law

10.4 Press Releases

In the event Evotec or Client wish to publish a press release relating to the Agreement or Client wishes to cite Evotec as a services provider to potential collaborators or investors, either Party will contact the other Party to discuss the possibility of a release or citing, and such other Party will give reasonable consideration to the request

In any event, both Parties agree not to issue any press releases without written approval from the other Party

11. Representations and Warranties

11.0 Mutual representations

Each Party hereby represents and warrants to the other Party that

• (a) it is an entity validly organized and existing and in good standing under the laws of the jurisdiction in which it is organized and has full right and authority to enter into the Agreement;
• (b) it has taken all necessary action on its part to authorize the execution and delivery of the Agreement ; and
• (c) the Agreement constitutes a legal, valid and binding obligation, enforceable against such Party in accordance with its terms.

11.1 Representations by Client

Client hereby represents and warrants to Evotec that

• (a) it will not request or require Evotec to perform any assignment or tasks in a manner that would violate any Applicable Law;
• (b) to its best knowledge, Client is not aware of any Third Party’s Intellectual Property or other rights that may be infringed by the Services provided by Evotec or the use of Client Input Data provided by Client and/or Derived Data under the Agreement

11.2 Representations by Evotec

Evotec hereby represents and warrants to Client that

• (a) it has the appropriately qualified and experienced staff and the necessary equipment, experience, means and techniques in order for its activities hereunder to be organized and executed in accordance with the terms and conditions of the Agreement;
• (b) to the best of its knowledge, none of its employees in connection with the Agreement has been debarred or disqualified under any Applicable Laws, and Evotec will not knowingly use in any capacity in connection with the Agreement the services of any employee debarred or disqualified under any Applicable Laws

11.3 Exclusion of Warranties.

Except as set forth herein, all warranties implied by law (whether by statute, common law, trade usage, custom or otherwise) are hereby excluded for Evotec to the maximum extent permitted by law

12. Limitation of Liability

12.0 LIABILITY CAP

NOTWITHSTANDING ANY OTHER PROVISION IN THEAGREEMENT OTHER THAN SECTION 12.3 BELOW, EVOTEC’S AGGREGATE LIABILITY UNDER OR IN RELATION TO THEAGREEMENT TO CLIENT WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID OR PAYABLE BY CLIENT TO EVOTEC FOR THE LICENSE AND SUPPORT PERFORMED UNDER THE

WORK ORDER IN THE PREVIOUS TWELVE (12) MONTHS. NOTWITHSTANDING THE FOREGOING, EVOTEC SHALL HAVE NO LIABILITY UNDER THEAGREEMENT FOR LOSS OF OR DAMAGE TO CLIENT INPUT DATA WHILE PROCESSED VIA THE SOFTWARE

12.1 INDIRECT LOSSES

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR ANY LOST REVENUES RELATING TO THE PERFORMANCE OF THE AGREEMENT WHETHER SUCH LIABILITY IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE

12.2 UNLIMITED LIABILITY

NOTHING CONTAINED HEREIN IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A PARTY’S NEGLIGENCE; OR, (B) FRAUD; OR, (C) BREACH OF THE IMPLIED TERMS AS TO TITLE AS SET OUT IN SECTION 12 OF THE SALE OF GOODS ACT 1979 AND SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982

12.3 ENTIRE LIABILITY

THIS SECTION 12 DEFINES THE ENTIRE LIABILITY OF THE PARTIES IN RELATION TO THE AGREEMENT.

12.4 DISCLAIMERS

EXCEPT AS EXPRESSLY SET FORTH WITHIN THISAGREEMENT AND TO THE EXTENT PERMITTED BY LAW, EVOTEC MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE SOFTWARE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT (SAVE IN RELATION TO THE WARRANTY RELATING TO TITLE WHICH IS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 AND SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982)

13. Indemnification

13.0 By Evotec

Evotec will indemnify and hold harmless Client from and against any liability, loss, damage, action, claim or expense (including reasonable attorney’s fees) actually incurred (collectively, Losses) and arising from any Third Party claim relating to (a) Evotec’s breach of any of its warranties set forth herein, or (b) Evotec’s gross negligence or wilful misconduct in the performance of its obligations under the Agreement, in each case save for any Losses for which Client is obligated to indemnify Evotec hereunder

13.1 By Client

Client will indemnify and hold harmless Evotec from and against any Losses arising from any Third Party claim relating to

• (a) Client’s breach of any of its warranties set forth herein,
• (b) Client’s gross negligence or wilful misconduct in the performance of its obligations under the Agreement,
• (c) Evotec’s use of any information or other data of the Client (including Client Input Data or Client Background IP) for the purpose of performing the Services; or
• (d) Client’s use or commercialization of Derived Data or other work product (tangible or intangible) resulting from the Software or Services;

in each case save for any Losses for which Evotec is obligated to indemnify Client hereunder

13.2 Obligation to notify and right to control

The Party wishing to seek indemnification hereunder shall

• (a) promptly notify the other Party in writing of any claim made against it pursuant to Section 13.1 or 13.2 above,
• (b) grant, to the extent permitted by Applicable Law, the other Party the sole control of any defence or settlement of such claim, and
• (c) not acknowledge any such claim or enter into any settlement negotiations relating thereto without the express prior written approval of the other Party

14. Force Majeure

14.0 Force Majeure event

Neither Party will be liable for any failure to perform or for delay in performance resulting from any cause beyond its reasonable control or due to compliance with any regulations, orders, or act of any regional, provincial, state, or municipal government, or any department or agency thereof, civil or military authority, strike, lockouts, labour troubles, inability to procure materials or services, failure of power or restrictive government or judicial orders, or decrees, riots, insurrection, war, terror, delays or shortages in transportation, Acts of God, epidemics, pandemics, or unexpected and severe weather conditions (Force Majeure), provided that Client will not be excused from payment of money owed when due notwithstanding the occurrence of any such Force Majeure event

14.1 Notice of Force Majeure

The Party affected by the Force Majeure event shall upon its occurrence promptly give written notice to the other Party specifying the nature of the event and its anticipated duration

15. Term and Termination

15.0 Term

The Agreement shall become effective on the Effective Date of the respective Work Order and shall continue to be in effect for the period determined in the Work Order, unless terminated earlier in accordance with the provisions of this Section 15 (Term)

15.1 Termination for convenience

Unless otherwise agreed in the Work Order, Client may terminate the Agreement for any reason at any time, upon ninety (90) days prior written notice to Evotec

15.2 Termination for cause

Either Party may terminate the Agreement at any time by written notice to the other with immediate effect upon the occurrence of any of the following events: (a) the other Party becomes insolvent or suspends its payments, regardless of whether it institutes or has instituted against it any bankruptcy, reorganization, debt arrangement, assignment for the benefit of creditors or other proceeding under any bankruptcy or insolvency law; or (b) the other Party materially breaches any provision of the Agreement and fails to cure such breach within thirty (30) days following its receipt of written notice thereof from the terminating Party

15.3 Form requirement

Notices of termination shall be valid only if made in writing

16. Consequences of Termination

16.0 Accrued rights

Expiration or termination of the Agreement for any reason shall not affect any rights or obligations of either Party that have arisen on or prior to the effective date of such expiration or termination nor limit in any way the rights or remedies either Party may have in law or equity

Notwithstanding the foregoing, upon expiration or termination of the Agreement, the license granted under Section 3.1 shall cease immediately

16.1 Reimbursement of costs

Client will pay Evotec for all Services and Support performed in accordance with the Agreement and reimburse Evotec for any additional costs and expenses incurred before termination of the Agreement which cannot be reasonably avoided, including any non-cancellable obligation incurred by Evotec, and any termination payments specified in the Agreement

In addition, Client will pay Evotec for expenses incurred to complete activities related to termination and close-out of the Service and Support, including fulfilment of any regulatory requirements

16.2 Return of Confidential Information

Unless otherwise provided in the Agreement after the expiration or termination of the Agreement, each Party will, upon the other Party’s written request and in the other Party’s sole discretion, promptly return and transfer to the other Party or destroy all Confidential Information of the other Party, which is still in its possession, except to the extent such Party is required to keep copies of such data for archival purposes under Applicable Law

16.3 Survival

Upon any termination or expiration of the Agreement, the provisions contained in Sections 1 (Definitions), 9 (Fees and Payment) to 13 (Indemnification), and 16 (Consequences of Termination) to 18 (Miscellaneous) will survive

17. Notices

17.0 Form of notices

Unless expressly stated otherwise, all notices, requests and other formal communications between the Parties under the Agreement shall be made in writing

17.1 Notices to Evotec

Any notice given to Evotec under the Agreement shall be delivered or sent to the address specified below: Evotec International GmbH Attn. Legal Department Manfred Eigen Campus Essener Bogen 7 22419 Hamburg Germany Fax: +49 40 56081-222

17.2 Change in address

Each Party shall immediately notify the other Party in the event of any changes of its address

18. Miscellaneous

18.0 Insurance

Each Party shall maintain policies of insurance in the amounts and of the types reasonably appropriate for the conduct of their respective businesses. Client represents that it has subscribed and will maintain insurance policies in an amount reasonably adequate to cover the financial consequences it may incur in the event of material loss or damage to Client Input Data and Derived Data while stored in the Software

18.1 Costs

Unless otherwise expressly agreed, each Party will bear its own costs incurred in connection with the preparation, negotiation, and conclusion of the Agreement

18.2 Entire Agreement

The Agreement represents the final, complete, and exclusive agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings with respect thereto

18.3 Form requirement

Any amendment, change, modification or alteration of the terms and conditions of these Terms of Use and/or any Work Order and/or any Change Order must be in writing and signed by both Parties’ authorized representatives

18.4 Assignment

Neither Party may assign its contractual rights and obligations or parts thereof without the prior written consent of the other, provided, however, that either Party may, without such consent, assign the Agreement and all of its rights and obligations hereunder (i) to an Affiliate or (ii) in connection with the transfer or sale of all or substantially all of its business to which the Agreement relates, or in the event of its merger, consolidation, or other similar transaction

18.5 Right to subcontract

Evotec shall be entitled to subcontract any work to be performed by it in connection with the Agreement to (a) any Affiliate of Evotec or (b) any Third Party, provided that Evotec shall remain responsible under the Agreement for the acts or omissions of any subcontractor engaged by Evotec

18.6 Severability

All provisions of the Agreement are separate and distinct from one another

If any provision of the Agreement is found to be invalid or otherwise unenforceable, in whole or in part, the validity of the remainder of the Agreement will not be affected

Furthermore, the Parties agree that the invalid or unenforceable provision or part thereof will be superseded by an adequate provision that, to the legally permitted extent, comes closest to what the Parties would have desired at the time of conclusion of the Agreement had they considered the issue concerned

18.7 Independent contractor

Nothing in the Agreement will create, or be deemed to create a partnership, agency, franchise, or joint venture relationship between the Parties

Each Party agrees to perform under the Agreement solely as independent contractor.

18.8 No waiver

The failure of either Party at any time to enforce any of the terms, provisions or conditions of the Agreement will not be construed as a waiver of the same or of the right of either Party to enforce the same on any subsequent occasion

Any waiver must be in writing and duly signed by an authorized representative of the waiving Party

18.9 Third Party rights

Neither the Agreement nor any provision contained therein is intended to confer any rights or remedies, neither directly nor by way of a contract for the benefit of a Third Party, upon any person or legal entity other than the Parties, except as expressly otherwise provided for in the Agreement

A person or entity that is not Party to the Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement

18.10 Governing law

The Agreement will be governed by and construed in accordance with the Laws of England and Wales, without given effect to any choice of law or conflict of laws provision

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement

18.11 Venue

Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts of London, England over any claim or matter arising from or in connection with the Agreement or the legal relationships established by the Agreement

18.12 Injunctive relief

The provisions set forth in the Agreement will operate without prejudice to either Party’s ability to seek injunctive or other interlocutory relief in any court accepting jurisdiction to protect and enforce its Intellectual Property

18.13 English language

The Agreement was executed in English, and the original language version will be controlling

All notices to be made or given pursuant to the Agreement shall be in English