BY USING THE ABOVE-NAMED SERVICE OR ITS RELATED DOCUMENTATION (COLLECTIVELY, THE "SERVICE"), YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. WE RECOMMEND THAT YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE.
YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION NAMED IN YOUR REGISTRATION FORM, IF ANY, AND IF SUCH AN ORGANIZATION IS NAMED, SUCH ORGANIZATION SHALL BE DEEMED TO BE "YOU" FOR THE PURPOSE OF THIS AGREEMENT. IF NO SUCH ORGANIZATION IS NAMED, THEN "YOU" SHALL REFER TO YOU INDIVIDUALLY.
THIS SERVICE LICENSE AGREEMENT IS ENTERED INTO BY AND BETWEEN THE LOSCHMIDT LABORATORIES, DEPARTMENT OF EXPERIMENTAL BIOLOGY AND RECETOX FACULTY OF SCIENCE, MASARYK UNIVERSITY, KOTLARSKA 267/2, 611 37 BRNO, CZECH REPUBLIC (HEREINAFTER "LL") AND THE "LICENSEE". WHEREAS LL HAS THE RIGHT TO LICENSE ALL COPYRIGHTS AND OTHER PROPERTY RIGHTS IN THE LICENSED SERVICE IDENTIFIED AS THE SERVICE IS MAINTAINED AND DEVELOPED BY LL AND LL DESIRES TO LICENSE THE SERVICE SO THAT IT BECOMES AVAILABLE FOR PUBLIC USE AND BENEFIT.
LL grants You a non-exclusive and non-transferable license to use the Service. LL reserves the right to make corrections, improvements or enhancements to the Service without notice to You and without obligation to furnish the said corrections, improvements or enhancements to You.
You will not (i) use, or cause or permit the use of, the Service in whole or in part for any purpose other than as permitted under this Agreement; (ii) sell, lease, sublicense or otherwise transfer rights to the output of the Service to any third party; (iii) modify or create any derivative works of the Service, including translation or localization; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Service and its output.
Term and termination
The term of this Agreement shall continue until terminated. This Agreement, and the rights granted hereunder, will terminate automatically, and without any further notice from or action by LL, if You fail to comply with any obligation set forth herein. Upon termination, You must immediately cease use of the Service. LL shall have the right to disable electronically Your unauthorized use of the Service and resort to other "self help" measures LL deems appropriate.
No obligation to support
It is understood and agreed that LL will provide no maintenance or installation services of any kind, error corrections, bug fixes, patches, updates or other modifications hereunder. In the event that LL, at its sole option, provides updates, error corrections, bug fixes, patches, modifications, consultation or end-user support of any kind.
Title to the Service copyrights, trademarks and all other intellectual property rights applicable thereto, shall at all times remain solely and exclusively with LL and its affiliates, and You shall not take any action inconsistent with such ownership. Any rights not expressly granted herein are reserved to LL and its suppliers. You will not use or display any trademark, trade name, insignia, or symbols of LL, its faculties or departments, or any variation or combination thereof, or the name of any trustee, faculty member, other employee, or student of LL, for any purpose whatsoever without LL's prior written consent.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LL DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS, ADEQUACY OR SUITABILITY FOR A PARTICULAR PURPOSE, USE OR RESULT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND ANY WARRANTIES OF FREEDOM FROM INFRINGEMENT OF ANY DOMESTIC OR FOREIGN PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OF ANY PARTY. LL SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN COMBINATIONS OR IN A MANNER SELECTED FOR USE BY YOU, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, LOST PROFITS, LOSS OF USE OF EQUIPMENT OR LOST CONTRACTS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED, EVEN IF LL HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Neither this Agreement nor any rights, obligations or licenses granted hereunder may be assigned or delegated by You without the prior written consent of LL. This Agreement shall inure to the benefit of the parties and their permitted successors and assigns.
Governing law; jurisdiction and venue
This Agreement shall be governed by Czech Republic law applicable to agreements made and to be fully performed in Czech Republic, without reference to the conflict of laws principles of any jurisdiction.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- This Agreement and its exhibits contain the entire understanding and agreement between the parties respecting the subject matter hereof.
- This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party's duly authorized representative.
- All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.
- Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.
- This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.