CONVOLUTIONAL NEURAL NET CLASSIFIER OF IMMUNOFLUORESCENCE RENALE SPECIMEN END USER LICENSE AGREEMENT
IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE YOU START USING CONVOLUTIONAL NEURAL NET CLASSIFIER OF IMMUNOFLUORESCENCE RENALE SPECIMEN WEB-BASED APPLICATION (THE "WEB-BASED APPLICATION").
This End User License Agreement (this "Agreement"), is a binding agreement between Università degli Studi di Modena e Reggio Emilia and you (where "you" means (and "your" refers to) any individual or legal entity that exercises the permissions granted by this License).
BY CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR INSTALL THE WEB-BASED APPLICATION. ABSENT YOUR AGREEMENT TO THE TERMS BELOW, YOU HAVE NO RIGHTS WHATSOEVER TO HOLD OR USE THE WEB-BASED APPLICATION.
LICENSE GRANT. Università degli Studi di Modena e Reggio Emilia hereby grants you a limited non-exclusive license to store, load, install, execute, display and copy (to "use") the web-based application solely for the performance of internal, non-profit research conducted by you at your institution and subject to all the terms and conditions of this Agreement.
NO REDISTRIBUTION. The web-based application remains the property of Università degli Studi di Modena e Reggio Emilia. You shall not publish, distribute, or otherwise transfer or make available the web-based application to any other party.
NO COMMERCIAL USE. Any use of the web-based application for commercial purposes in any form is strictly prohibited. This includes, but is not limited to, use of the web-based application in fee-for-service core laboratories or to provide services to, or commercially sponsored research for, a third party for a fee or other compensation.
OWNERSHIP AND COPYRIGHT NOTICES. Università degli Studi di Modena e Reggio Emilia owns and shall at all times retain exclusive rights to the web-based application. This License does not transfer, assign, or convey any intellectual property rights to you (e.g., it does not transfer ownership of copyrights or trademarks). You agree not to remove or delete and shall retain in the web-based application and any modifications to the web-based application the copyright, trademark, or other notices that are provided with the web-based application.
PUBLICATION AND ATTRIBUTION. You have the right to publish, present, or share results of your work that makes use of the web-based application. If use of the web-based application results in results that will be published, you agree that you will acknowledge Università degli Studi di Modena e Reggio Emilia as the provider of the web-based application.
NO CLINICAL USE. The web-based application is for academic research use only and is not approved for clinical, diagnostic or treatment purposes. You agree that you shall not use the web-based application for clinical, diagnostic or treatment purposes, and that any such uses are expressly prohibited.
NO WARRANTIES; LIMITATION OF LIABILITY. THE WEB-BASED APPLICATION IS EXPERIMENTAL IN NATURE AND IS MADE AVAILABLE "AS IS" AND WITHOUT OBLIGATION BY UNIVERSITÀ DEGLI STUDI DI MODENA E REGGIO EMILIA TO PROVIDE ACCOMPANYING SERVICES, UPDATES OR SUPPORT. ANY RISK ASSOCIATED WITH USE OF THE WEB-BASED APPLICATION IS YOUR SOLE RISK. UNIVERSITÀ DEGLI STUDI DI MODENA E REGGIO EMILIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEB-BASED APPLICATION. UNIVERSITÀ DEGLI STUDI DI MODENA E REGGIO EMILIA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE WEB-BASED APPLICATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE, FREEDOM FROM THE RIGHTFUL CLAIM OF ANY THIRD PARTY BY WAY OF INFRINGEMENT OR THE LIKE, AND ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, SHALL UNIVERSITÀ DEGLI STUDI DI MODENA E REGGIO EMILIA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR RELATED EXPENSES WHICH MAY ARISE FROM THE USE OF THE WEB-BASED APPLICATION, INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM ANY DEFECT IN THE WEB-BASED APPLICATION OR DOCUMENTATION, LOSS OR INACCURACY OF DATA OF ANY KIND, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, CORRUPTION, DAMAGE OR LOSS OF DATA, FAILURE OF THE WEB-BASED APPLICATION TO OPERATE WITH ANY OTHER PRODUCT, BUSINESS INTERRUPTION OR OTHERWISE, WHETHER IN CONTRACT, STRICT LIABILITY, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE.
INDEMNIFICATION. To the extent permitted by law, you shall indemnify, defend and hold harmless Università degli Studi di Modena e Reggio Emilia, its corporate affiliates, current or future directors, trustees, officers, faculty, medical and professional staff, employees, students and agents and their respective successors, heirs and assigns (the "Indemnitees"), against any liability, damage, loss or expense (including reasonable attorney's fees and expenses of litigation) incurred by or imposed upon any of the Indemnitees in connection with any claims, suits, actions, demands or judgments arising from or connected with your use of the web-based application. Università degli Studi di Modena e Reggio Emilia shall have no obligation to indemnify you hereunder. This indemnification obligation shall survive expiration or termination of this Agreement.
GOVERNING LAW; Jurisdiction. This Agreement shall be governed by the laws of Italy and European Union, excluding its choice-of-law principles. You hereby irrevocably consent to the exclusive personal jurisdiction of Modena, Italy courts for the resolution of all disputes and controversies arising under or relating to this Agreement.
NON-USE OF NAME. Other than permitted under Sections 4 and 5, you will not use for publicity, promotion or otherwise, any logo, name, trade name, service mark or trademark of Università degli Studi di Modena e Reggio Emilia or its Affiliates, including, but not limited to, the terms "UNIMORE®," "Azienda Ospedaliera Universitaria di Modena®" and the UNIMORE logo, or any simulation, abbreviation or adaptation of the same, or the name of any employee or agent of Università degli Studi di Modena e Reggio Emilia or its affiliates, without Università degli Studi di Modena e Reggio Emilia 's prior, written, express consent. Università degli Studi di Modena e Reggio Emilia may withhold such consent in its absolute discretion. With regard to the use of any name or trademark of Università degli Studi di Modena e Reggio Emilia or its affiliates, all requests for approval pursuant to this Section must be submitted to the Università degli Studi di Modena e Reggio Emilia, at the following e-mail address: email@example.com at least ten (10) business days prior to the date on which a response is needed.
ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER. This Agreement is the entire agreement between you and Università degli Studi di Modena e Reggio Emilia and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the web-based application or to subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof, and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Università degli Studi di Modena e Reggio Emilia, provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Università degli Studi di Modena e Reggio Emilia 's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
Università degli Studi di Modena e Reggio Emilia Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact Università degli Studi di Modena e Reggio Emilia for any reason, please contact at firstname.lastname@example.org.
© 2020 Università degli Studi di Modena e Reggio Emilia. All Rights Reserved. The web-based application and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.