TERMS AND CONDITIONS

 

1. Use of SIM-plex software

If you qualify as an Academic User, Flanders Interuniversity Institute for Biotechnology ("VIB") grants you a royalty-free, non-exclusive and non-transferable limited license (with no right to sub-license) to use the SIM-plex software for your non-commercial research use only.

Academic User means a user of the SIM-plex software:

a.   who is employed by, or a student enrolled at, or a scientist legitimately affiliated with an academic, non-profit or government institution; and

b.     whose use of the SIM-plex software is on behalf of and in the interest of such academic, non-profit or government institution and is not on behalf of a commercial entity.

In exchange for this license to use the SIM-plex software you agree to the following:

1. Access and use this SIM-plex software only if you qualify as an Academic User;
2. Discontinue use if at any time you fail to qualify as an Academic User;
3. Access and use this SIM-plex software for non-commercial research purposes only;
4. At all times, comply with all applicable laws, rules and regulations with respect to your use of this SIM-plex software.
5. Not to use or access the SIM-plex software (a) directly on the behalf of any commercial entity or (b) upon the direct or indirect request or inquiry of any commercial entity;

2. Warranty, Liability and Indemnity

a.      The SIM-plex software is provided on an "as is," "as available" basis without warranties of any kind either express or implied. To the fullest extent possible pursuant to the applicable law, VIB disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title and non-infringement or other violation of rights. VIB does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the information and materials on the SIM-plex software or any sites linked to the SIM-plex software.

b.    Under no circumstances, including, but not limited to, negligence, shall VIB or its suppliers be liable for any direct, indirect, special, incidental or consequential damages, or any other damages of any kind, including, but not limited to, loss of data or loss of profits arising out of the use, or the inability to use, the site or the materials contained herein or accessed through, the SIM-plex software, even if VIB or a VIB authorised representative has been advised of the possibility of such damages.

3. Intellectual Property Rights

By using the SIM-plex software, you do not acquire any intellectual property right to the SIM-plex software or any part thereof, nor do you acquire any license or other rights under any patents, patent applications, trade secrets or other proprietary rights of VIB, except as expressly granted herein.