END USER LICENSE AGREEMENT (EULA)
Article 1 – PURPOSE
This End User License Agreement (hereinafter referred to as the “EULA” or the “Agreement”) sets forth the terms and conditions for the use of the software developed by CRMBM UMR 7339, in the form of an MRI sequence software "frEPI" and/or "DW-frEPI", by a user registered on the CRMBM website (https://crmbm.univ-amu.fr/).
The software will be referred to as the “SOFTWARE PRODUCT” and the registered user as the “USER”.
The SOFTWARE PRODUCT is owned by Aix-Marseille University, a public establishment of scientific, cultural and professional nature whose registered office is at Jardin du Pharo, 58 Bd Charles Livon, 13284 MARSEILLE Cedex 07, France, hereinafter referred to as the “AMU”
and
the Centre National de la Recherche Scientifique A scientific and technologic public establishment, situated at 3 rue Michel-Ange, 75794 Paris Cedex 16, hereinafter “CNRS".
AMU and CNRS are hereinafter collectively referred to as the “Establishments”.
Article 2 – TERMS AND CONDITIONS
2.1 GRANT OF LICENSE
2.1.1 Installation and Use
AMU, on behalf of the Establishments, grants the USER a non-exclusive, non-transferable, royalty-free license to install and use the SOFTWARE PRODUCT for evaluation and internal research purposes only.
Any use of the SOFTWARE PRODUCT for commercial purposes is strictly prohibited unless a separate agreement is concluded with AMU. The USER must contact AMU to discuss any commercial exploitation.
2.1.2 Backup Copies
The USER may make copies of the SOFTWARE PRODUCT as reasonably necessary for backup and archival purposes.
2.1.3 Advertising Clause
All materials mentioning features or use of the SOFTWARE PRODUCT must include the following acknowledgement:
“This product has been developed with the contribution of the Central Nervous System (CNS) research team of the CRMBM UMR 7339 of AMU and CNRS.”
2.2 RIGHTS AND LIMITATIONS
• The USER shall not remove or alter any copyright notices.
• The USER may not distribute the SOFTWARE PRODUCT to third parties.
• The USER shall not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, unless explicitly permitted by applicable law.
• The SOFTWARE PRODUCT may not be leased, rented, or loaned.
• No maintenance or support services are provided.
• The USER must comply with all applicable laws and regulations.
2.3 COMMERCIAL USE REQUESTS
For any commercial use, contact:
AMU – Direction Recherche et Valorisation
drv-valorisation@univ-amu.fr
Pôle activités contractuelles et industrielles
Campus Marseille Centre 63 CANEBIERE, La Canebière, Marseille, 13001
France
2.4 TERMINATION
This Agreement shall terminate automatically if the USER fails to comply with any of the terms herein. In such event, the USER must destroy all copies of the SOFTWARE PRODUCT.
2.5 OWNERSHIP AND INTELLECTUAL PROPERTY
All rights, titles, and interest in the SOFTWARE PRODUCT, including all intellectual property rights, are owned by the Establishments or their suppliers. The SOFTWARE PRODUCT is licensed, not sold.
No rights are granted regarding third-party content accessible through the SOFTWARE PRODUCT.
2.6 FEEDBACK
USER feedback (bugs, improvements, usability) may be sent to the following contacts:
• Mr. Lucas Soustelle – lucas.soustelle (at) univ-amu.fr
Such feedback may be freely used by the Establishments without compensation.
2.7 NO WARRANTIES
The SOFTWARE PRODUCT is provided “as is,” with no warranty of any kind. The Establishments disclaim all warranties, whether express or implied, including fitness for a particular purpose and non-infringement.
2.8 LIMITATION OF LIABILITY
In no event shall the Establishments be liable for any direct, indirect, incidental, or consequential damages, including lost profits or data, even if informed of the possibility of such damages.
2.9 CONFIDENTIALITY
“Confidential Information” includes all technical or scientific information disclosed to the USER, regardless of form. The USER agrees not to disclose such information without prior written consent from AMU.
This obligation does not apply to information that:
• is public knowledge;
• is disclosed by a third party lawfully;
• is independently developed without use of Confidential Information;
• is authorized for disclosure by the Establishments.
If the USER intends to publish or disclose results based on the SOFTWARE PRODUCT, they must first obtain written approval from AMU.
2.10 DATA PROTECTION (GDPR)
In accordance with the General Data Protection Regulation (EU Regulation 2016/679), the USER is informed that AMU may process personal data strictly necessary for:
• granting and managing access to the SOFTWARE PRODUCT,
• ensuring traceability of usage for research accountability,
• responding to support or security issues.
The USER has the right to access, rectify, and, where applicable, delete their personal data by contacting:
dpo@univ-amu.fr – Data Protection Officer of AMU.
The USER agrees not to process any personal data using the SOFTWARE PRODUCT without first ensuring full compliance with the GDPR and French data protection laws.
2.11 GOVERNING LAW
This Agreement shall be governed by and construed under the laws of France.
Disputes shall be subject to the exclusive jurisdiction of the courts of Marseille, France.
