The materials that are subject of this License Agreement shall consist of the computer software USEtox® including all associated substance data, results and template files and associated electronic and printed documentation and other information (hereinafter referred to as «LICENSED PROGRAM») made available by the USEtox Team (hereafter referred to as «LICENSOR»).
Any person, company or other legal entity accessing this LICENSED PROGRAM (hereafter referred to as «LICENSEE») accepts this License Agreement in its entity and acknowledges that LICENSOR exclusively reserves any and all intellectual property rights, including patentable information, copyright and title of LICENSED PROGRAM and any trademarks or service marks relating thereto. LICENSEE shall not have right, title or interest in the LICENSED PROGRAM.
LICENSEE acknowledges that this License Agreement builds on encouraging scientific collaboration aimed at further development and application of LICENSED PROGRAM. Hence, LICENSEE agrees to provide LICENSOR with feedback and any suggestions LICENSEE may have to enhancements to the LICENSED PROGRAM.
LICENSEE accepts and acknowledges that feedback, including making suggestions for improvement, of any kind, as calculation, methods or data improvement, or submitting update proposals to be included into any part of the LICENSED PROGRAM, its model files, data, factors, documentation or other information does not entail any right for LICENSEE to be considered as an author or as a member of the LICENSOR.
2. Scope of license/permitted use
LICENSOR hereby grants to LICENSEE a personal royalty-free, non-exclusive, non-transferable and perpetual license to use LICENSED PROGRAM that was accessible at the time of access and LICENSEE’s acceptance of this License Agreement.
The LICENSED PROGRAM is primarily intended for use in Life cycle assessment of human toxicological and ecotoxicological impacts, but its focus on relative comparison of the toxicity potential of chemicals also makes it applicable in other contexts of relative assessment and ranking of chemicals.
The LICENSED PROGRAM may be used for research and education purposes. LICENSEE may use of the results generated using the LICENSED PROGRAM commercially subject to the terms of this License Agreement.
3. Restrictions of use
LICENSEE accepts and acknowledges that:
1. If the LICENSED PROGRAM, the USEtox model or any USEtox factor or any USEtox data from the substance databases or the USEtox model or the USEtox documentation or any other USEtox information files are used, it must be clearly indicated that USEtox is the source and which version of USEtox model, factors, data, or documentation file has been used.
2. If new factors (e.g. characterization factors) are calculated by using the LICENSED PROGRAM in combination with any non-USEtox data or model, these factors cannot be named «USEtox factors» (e.g. if new characterization factors are calculated, they cannot be named «USEtox characterization factors» or «USEtox CFs»), but can have any other name. The factors can be stated, however, as being «based on USEtox <version>» model, data, factors or documentation.
3. If existing USEtox model, data, factors or documentation files are modified (e.g. by updating underlying substance properties from non-USEtox data) these models, data, factors or documentation files cannot be named «USEtox model» or «USEtox data» or «USEtox factors» or «USEtox documentation», but can have any other name. The models, data, factors or other files can be stated, however, as being “based on USEtox <version>”.
4. Any factor or model component or dataset that is not included in the official USEtox release files cannot be named «recommended» or «interim» in combination with «USEtox».
LICENSEE is not allowed to:
1. Sell, share, transmit or distribute the LICENSED PROGRAM or any parts thereof,
2. Permit any other person or company to use the LICENSED PROGRAM,
3. Modify or create a derivative work of the LICENSED PROGRAM that still contains «USEtox» in its name,
4. Remove, obscure or modify any copyright or other notices included in LICENSED PROGRAM,
5. Implement or transfer the LICENSED PROGRAM or its components into any other platform or format.
4. No warranty, limitation of liability and indemnification
LICENSEE acknowledges that LICENSED PROGRAM is a research tool still in the development stage, that it is being supplied «as is», without any accompanying services or improvements from LICENSOR, and that this License Agreement is entered into in order to encourage scientific collaboration aimed at further development and application of LICENSED PROGRAM.
LICENSOR makes no representation or warranty, and expressly disclaims any liability with respect to the content of LICENSED PROGRAM, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, copyrights, moral rights, or the disclosure of confidential information.
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO IMPLEMENTATION ERRORS, FUNCTIONALITY, QUALITY OF DATA OR RESULTS, PRODUCTS LIABILITY, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LICENSOR makes 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. LICENSOR further expressly disclaims any warranty or representation to any third party.
LICENSEE accepts to indemnify and hold LICENSOR harmless from any claims, losses or damages, including legal fees, resulting from LICENSEE’s commercial use or violation of the terms of the License Agreement.
5. Intellectual Property Rights
This License Agreement does not entail any transfer of ownership to any part of the LICENSED PROGRAM.
6. Law and venue
This License Agreement shall be governed by the laws of Denmark. This applies whether or not international private law and choice of law rules may lead to the application of another country’s laws.
Any dispute arising between the parties in connection with the use of the LICENSED PROGRAM and this License Agreement, which cannot be settled amicably by negotiation between the parties, shall be settled by the Court of Lyngby, as the court of first instance.
Effective, 31 August 2015