License Agreement for Cow Suite

Cow-EM, IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "I Agree Terms and Conditions" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN DESELECT THE "I Agree Terms and Conditions" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.

IF YOU ARE NOT A MEMBER OF PUBLIC FUNDED ACADEMIC AND/OR EDUCATION AND/OR RESEARCH INSTITUTION YOU MUST OBTAIN A COMMERCIAL LICENSE FROM „Cow–EM (info@cow-em.de)“, SHORT CALLED COMMERCIAL USAGE.



1. DEFINITIONS.

„Cow-EM“ means Max Planck Institute for Biophysical Chemistry and and/or its licensors.


"Software" means the software identified above in binary form that you selected for download, installation or use (in the version You selected for download, install or use) from Cow-EM, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by us.


„Academical Usage“ means all members from a funded Academic and/or Education and/or Research Institution, which is non-profit orientation.


“Errors” means an error, flaw, mistake, failure, or fault in our Software that prevents it from behaving as described in our documentation.


„Research Area“ means a field, identical to „Academical Usage“.


2. LICENSE TO USE.

Subject to the terms and conditions of this Agreement including, but not limited to, „Cow-EM“, we grant you a non-exclusive, non-transferable, limited license without license fees to use it in a Research Area and we grant you a non-exclusive, non-transferable, limited license depending on the conditions discussion.



3. RESTRICTIONS

Software is copyrighted. Title to Software and all associated intellectual property rights is retained by „Cow-EM“ . Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is developed for general use in a Research Area. If you use the Software in dangerous areas, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use. Additional restrictions for developers are set in the „licence.txt“ file provided with our Software Development Kit.



4. LIMITED WARRANTY AND WARRANTY DISCLAIMER

Except as set forth above, the Licensed Software is licensed to Licensee „as is”. To the maximum extent permitted by applicable law, „Cow-EM“ or its authorized licensees, suppliers and affiliates, disclaims and warranties, express or implied, including, but not limited to, any implied warranties of merchantabiliy, fitness for a particular purpose, title and non-infringement with regard to the licensed software. We do not warrant that the licensed software will satisfy licensee's requirments or that it will operate without defect or error or that the operation thereof will be uninterrupted. All use of and reliance on the licensed software is at the sole risk of and responsibility if licensee.

Licensee’s exclusive remedy and The „Cow-EM“ entire liability for Licensed Software shall be limited, to us option, for the correction of the error, replacement of the Licensed Software or return of the applicable fees paid for the defective Licensed Software for the time period during which the License is not able to utilize the Licensed Software under the terms of this Agreement.



5. THIRD PARTY SOFTWARE

The Licensed Software provide links to third party libraries or code (collectively “Third Party Software”) to implement various functions. Third Party Software does not comprise part of the Licensed Software. In some cases, access to Third Party Software may be included in the Licensed Software. Such Third Party Software Licence will be listed in the “3rdparty” tree delivered with the Licensed Software or documented in the Licensed Software, as such may be amended from time to time. Licensee acknowledges that use or distribution of Third Party Software is in all respects subject to applicable license terms of applicable third party right holders.



6. TERMINATION.

This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from „Cow-EM“ if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of Software.


A. INSTALLATION AND AUTO-UPDATE.

The Software's installation and auto-update processes transmit only Login informations to „Cow – EM“.


For additional informations on our privacy policy visit: this site

Link leads to the website of the Max Planck Institute for Biophysical Chemistry


For inquiries please contact us: support@cow-em.de

Last updated 12 Juni 2018

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