END USER LICENSE AGREEMENT (EULA)
Article 1 - PURPOSE
The purpose of the Agreement (hereinafter referred to as “EULA” or “Agreement”) is to set the terms and conditions relating to the use of the software technology developed by the CRMBM UMR 7339, under the form of plugins of the ihMT-MoCo software, by a user registered on the CRMBM website (https://crmbm.univ-amu.fr/). The software will be referred as “SOFTWARE PRODUCT” and the register user as “THE USER”.
The SOFWARE PRODUCT is owned by Aix-Marseille University (“AMU”) and the Centre National dela Recherche Scientifique (“CNRS”)
AMU and CNRS are jointly referred to as the “Establishments”.
Article 2 – TERMS AND CONDITIONS
2.1 GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows:
2.1.1 Installation and Use
AMU, on behalf of the Establishments, grants to the USER, which accepts it, a license to use the SOFTWARE PRODUCT for evaluation and internal research purposes, free of charge.
The USER undertakes not to carry out any act of commercial exploitation relating to the SOFTWARE PRODUCT. In the event that The USER wishes to commercially exploit the SOFTWARE PRODUCT, the USER shall promptly contact AMU.
AMU grants the USER the right to install and use copies of the SOFTWARE PRODUCT on the computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed.
The USER is solely responsible for determining the appropriateness of using the licensed SOFTWARE PRODUCT and assumes all risks associated with its exercise of rights under this agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, program or equipment, suitability for hosting and unavailability or interruption of operations.
2.1.2 Backup Copies
The USER may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2.1.3 Advertising clause
All advertising materials mentioning features or use of this SOFTWARE PRODUCT must display 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 DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.2.1 Maintenance of Copyright Notices
The USER must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
2.2.2 Distribution
The USER may not distribute registered copies of the SOFTWARE PRODUCT to third parties.
2.2.3 Prohibition on Reverse Engineering, Decompilation, and Disassembly.
The USER may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation.
2.2.4 Rental
The USER may not rent, lease, or lend the SOFTWARE PRODUCT.
2.2.5 Support Services
AMU do not provide any support services related to the SOFTWARE PRODUCT ("Support Services") such as maintenance, upgrades, modifications or new releases.
2.2.6 Compliance with Applicable Laws
The USER must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
2.3 NOTIFICATION
Requests for the use of SOFTWARE PRODUCT for commercial purposes please contact:
AMU
Direction Recherche et Valorisation
Pôle activités contractuelles et industrielles
58 Bd Charles Livon
13284 Marseille Cedex 7
2. 4 TERMINATION
Without prejudice to any other rights, AMU may terminate this EULA if the USER fails to comply with the terms and conditions of this EULA. In such event, the USER must destroy all copies of the SOFTWARE PRODUCT in its possession.
2.5 OWNERSHIP AND COPYRIGHT NOTICE
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by the Establishments or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
This EULA grants no rights to use such content.
All rights not expressly granted are reserved by the Establishments.
2.7 FEEDBACK
In order to improve the SOFTWARE PRODUCT, comments from the USER may be useful. The USER agrees to provide feedback to Mr. Lucas SOUSTELLE (lucas.soustelle@univ-amu.fr), Mr. Guillaume DUHAMEL (guillaume.duhamel@univ-amu.fr) and Mr. Olivier GIRARD (olivier.girard@univ-amu.fr) on the USER’s use of the SOFTWARE PRODUCT e.g. any bugs in the SOFTWARE PRODUCT, the USER’s experience etc.
The Establishments are permitted to use such information provided by the USER in making changes and improvements to the SOFTWARE PRODUCT without compensation on an accounting to the USER.
2.8 NO WARRANTIES
The Establishments expressly disclaim any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is', with all faults, without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you.
The Establishments do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT.
The Establishments make no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program.
The Establishments further expressly disclaim any warranty or representation to the USER or to any third party.
2.9 LIMITATION OF LIABILITY
In no event shall the Establishments be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of the USER’s use of or inability to use the SOFTWARE PRODUCT, even if the Establishments have been advised of the possibility of such damages.
In no event will the Establishments be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise.
The Establishments shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
« Confidential Information » refers to any information or data, whatever the form may be, which is disclosed to the USEER, including without limitation, any oral or written information, any written, printed or electronic documents, plans, specifications, formulas, software, executable codes, know-how, systems, prototypes, schemas, scientific results, research skills, all samples, models, data.
The USER shall not, without the prior written consent of AMU, disclose to any third party or in any way make public AMU’s Confidential Information.
The confidentiality obligations provided for by the present EULA shall not apply to any information which:
- would be in the public domain prior to the date of its disclosure, or would be put subsequently in the public domain without any breach by the USER of the present EULA,
- would afterwards be received by the USER from a third party having a legal right to disclose it and without any breach of the EULA,
- would have been used or disclosed with the written authorization of the Establishments,
- would be independently and in good faith developed by staff from the USER not having had any access to any Confidential Information.
If the USER wishes to publish, refer to or otherwise disclose data sets collected through the use of the SOFTWARE PRODUCT, the USER shall make the request to AMU prior to any publication or disclosure. AMU reserves the right to prohibit the proposed publication or disclosure.
2. 11 GOVERNING LAW
The present Agreement shall be governed by French law and shall be interpreted according to the competent courts of Marseille, France. In the event of disputes regarding the interpretation or the performance of the present Agreement, the Parties shall endeavour to settle their dispute out of court.
In case of a continuing disagreement, this one shall be referred to the court of competent jurisdiction of Marseille, France.