VERSION 3.0, FEBRUARY 2018
This End-User License Agreement (hereinafter referred to as the “Agreement”) is a legal agreement between you and Biotech Vana S.L (hereinafter “Biotechvana”), the licensor of Phylograph (hereinafter also referred to as the "Software"). Please read the following terms and conditions carefully, since by accepting them, opening the package containing the Software, or by downloading, installing and/or running or otherwise using the Software, you are consenting to be bound by and are becoming a party to this Agreement.
This Agreement sets out all the rights, terms and conditions applicable to the use of and supersedes any prior agreement concerning these products. This agreement may only be modified by being superseded by a future update of the Agreement from Biotechvana.
“Agreement” refers to this End-User License Agreement.
"Product" refers to the Software.
"Software" refers either to the entire Phylograph suite or to each of the tools included in it.
“Update” refers to a newer minor version (an increase in any digits after the first period of the version number) whereas “Upgrade” refers to a newer major version (identified by an increase in the digits before the first period of the version number).
“User” and "You" refer to the user, either an individual or entity that downloads, installs or uses Phylograph and has agreed to all terms and conditions of this Agreement to use the Product.2. PURPOSE
This Agreement gives You the right to use Phylograph as expressly permitted herein, without license fees. Phylograph is therefore licensed, not sold.
3. INTELLECTUAL PROPERTY
Phylograph is the intellectual property of Biotechvana and it is protected under copyright and intellectual property laws, including international copyright treaties and other intellectual property treaties (http://www.wipo.int/wipolex/en/). The design, trademark and logos of Phylograph are copyright of Biotechvana and this material cannot be copied, modified, published, broadcasted or otherwise distributed without the prior written permission of Biotechvana.
4. TERMS AND CONDITIONS
4.1. Your use of Phylograph is subject to this Agreement. By accepting these terms and conditions, opening the package containing the Software, or by downloading, installing and/or running or otherwise using the Software, You agree to be bound by the following terms and conditions of this Agreement with Biotechvana.
4.2. The terms of this Agreement also apply to any Updates, Upgrades, supplements and support services for this Product, unless other terms accompany those items. If so, those terms apply.
4.3. The right of use of Phylograph is exclusively granted to be used as a bioinformatic analysis tool, with the evaluation of the resulting data being always performed by professionals expressly qualified for the purpose of the particular analysis. No technical support services are included.
4.4. You acknowledge and agree that all right, title, and interest in and to Phylograph, including associated intellectual property rights, are and shall remain with Biotechvana; this Agreement does not grant you any intellectual property rights in the Software; this Agreement does not convey to You an interest in or to the Software, but only a limited right of use which is revocable in accordance with the terms and conditions of this Agreement; no license, right or interest in any of the Biotechvana trademark, trade name, service mark, or other designation is granted hereunder; nothing contained herein shall be construed as conferring, by implication or otherwise, any license or right under any patent, whether or not the exercise of any right granted herein necessarily employs an invention of any existing or later issued patent.
4.5. You agree to keep confidential, to not use (except as expressly provided herein) and to not disclose any Product or related technology, idea, algorithm or information, and to prevent and protect the Product from unauthorised disclosure or use; except as expressly stated above, You acknowledge and agree that any feedback, suggestions, comments, improvements, modifications and other information that You provide to Biotechvana relating to the Product or its performance may be used, disclosed, disseminated and/or published by Biotechvana for any purpose, including incorporating such information in Software improvements, without obligation of any kind to You, and that You waive any rights whatsoever in or to such information.
4.6. You will not modify, incorporate into or with other software, or create derivative copies of Phylograph covered by this license. You may not use the Product except as set forth in the license terms. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Product. You will not reverse engineer, decompile, disassemble, or otherwise translate or analyze the Product, any source code, underlying ideas, algorithms or programming by any means whatsoever. You agree not to remove any identification, copyright or other notices on the Product.
5. LICENSE EXPIRATION
The right of use of the Software is not limited.
6. LICENSE TERMINATION
Biotechvana reserves its right to cancel any Phylograph license at any time, without previous notice, and without any kind of compensation if its User breaks or infringes any term of licensing or agreement contemplated in this Agreement. Upon termination, you shall immediately cease every use of the Product and return or destroy all copies of the Software and all portions thereof, and so certify the same to Biotechvana.
You may also terminate this Agreement at any time by destroying and erasing all copies of the Software.
7. BACKUP COPY
You may make as many backup copies of the media as you need. You may use them only to reinstall the Software.
8. DISCLAIMER OF WARRANTY AND LIABILITY
8.1. The Software is provided “as is” without warranty of any kind. We are also not responsible of any inconvenience derived by a bad operation or malfunction of the software. However, any reported bug will be studied and we could solve it in future Updates.
8.2. Any material obtained through the use of the Product is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material.
8.3. No advice or information, whether oral or written, obtained by You from Biotechvana or through or from the Software shall create any warranty not expressly stated in this Agreement.
8.4. Biotechvana does not assume any kind of liability or responsibility, of the use and results obtained using the Product, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. In no event shall Biotechvana be liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits including any general, special, incidental or consequential damages arising out of the use or inability to use the Product (including but not limited to loss of data or data being rendered inaccurate or losses sustained by You or third parties or a failure of the Software to operate with any other programs, even if Biotechvana has been advised of the possibility of such damages.
8.5. Except as expressly set forth in this agreement, neither You nor any contributors shall have any liability for any direct, indirect, incidental, special, exemplary, or consequential damages (including without limitation lost profits), however caused, and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use or distribution of the Product or the exercise of any rights granted hereunder, even if advised of the possibility of such damages.
In the event that any provision of this Agreement is held to be unenforceable or invalid under any applicable law or so held by a court of competent jurisdiction, such unenforceability or invalidity shall not render this Agreement unenforceable, or invalid as a whole, and in such event, any such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law or applicable court decisions.