This End User License Agreement (EULA) between you ("Licensee") and Genomatix GmbH and its affiliates ("Genomatix") governs your use of the Genomatix GeneGrid software (henceforth "the software").
In exchange for paying the license fee (including but not limited to time- or sample-based access), Genomatix grants Licensee a non-exclusive license to use the software and any Genomatix data provided within the software under the terms of this license agreement. This license agreement is between Genomatix and the Licensee. By accessing or using the software, Licensee agrees to the terms of this Agreement either in person or on behalf of Licensee's organization (if Licensee's use of the software is on behalf of an organization). If agreeing to these terms on behalf of an organization Licensee agrees that Licensee has the authority to enter into this agreement on behalf of that organization. The pricing of the account assumes the average volume of use to be expected by one interactive human user. Robots starting jobs unattended are not considered fair use and require written permission from Genomatix.
The software is owned and copyrighted by Genomatix. Genomatix retains all rights, titles and interests in the software and may protect its rights in the software in the event of any violation of the terms of this Agreement. This Agreement does not grant Licensee any rights in connection with any intellectual property, apart from the right to use the software, including but not limited to trademarks or service marks of Genomatix, which may be contained in or operate as part of the software. Licensee shall safeguard the intellectual property, confidential information and proprietary rights of Genomatix.
Genomatix reserves the right add to, modify, and/or reduce the scope of features offered by the software at any time or to terminate the software completely.
Use of any other Genomatix software may require a separate, valid license agreement executed between Licensee and Genomatix.
The software has not been tested or approved for patient or animal diagnostic purposes or clinical purposes and under no circumstances should be used for such purposes where FDA or similar regulatory approval is required. Licensee agrees to indemnify and hold harmless Genomatix and its officers, directors, agents, servants and employees from and against all claims arising out of or relating to the use or misuse of the software.
GENOMATIX DOES NOT WARRANT THAT LICENSEE WILL OBTAIN PARTICULAR RESULTS THROUGH THE USE OF THE SOFTWARE OR THAT THE SOFTWARE IS SUITABLE FOR LICENSEE'S PARTICULAR NEEDS. THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN AS-IS BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENOMATIX DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. GENOMATIX SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENOMATIX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GENOMATIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GENOMATIX' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE.
The software may be subject to German, EU & United States export laws and regulations, and foreign equivalents, and Licensee must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. In particular, but without limitation, the software may not be exported or re-exported (a) into any countries embargoed by German, EU or US law or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the software, Licensee represents and warrants that Licensee is not located in any such country or on any such list. Licensee also agrees not to use the software for any purposes prohibited by German, EU or United States law, including, without limitation, the development, design, manufacture or production of chemical or biological weapons.
This agreement shall be governed by and construed in accordance with the laws of Germany. The parties irrevocably agree that any dispute arising out of or in connection with this license will be subject to and within the jurisdiction of the German courts. If any provision of this agreement is ruled by court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this agreement will remain in full force and effect.
Information on privacy and data retention policies related to Licensee's use of the software is available at a URL titled 'Privacy' on the webpage hosting the software.
Technical support is available to Licensee as the user of this software from Genomatix. The contact information for accessing technical support is available on the webpage hosting the software.
Genomatix® is a registered trademark of Genomatix GmbH.