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The HiVA Web Application is made available by KU Leuven for academics within their non-commercial, non-clinical, academic research activities according to the conditions specified below.
Trial usage
After registration and acceptance of the terms and conditions of the Trial Agreement (as specified below), you will be able to obtain a limited trial login and password for testing and evaluating the HiVA Web Application within your academic research activities. During a trial period of 30 days you will be able to test and evaluate the HiVA Web Application with a maximum of 10 data entries per species.
Non-commercial, non-clinical, academic use
Please send us an e-mail if you would like to use the HiVA Web Application within your academic institution for non-commercial, academic, non-clinical research purposes for a longer period or for more data sets.
After receipt of your e-mail we will send you a license agreement between KU Leuven and your academic institute, which needs to be signed off by an authorized person for signature within your institute.
Trial Agreement
This Web Application has been developed by the research groups of Professor Joris Vermeesch and Professor Thierry Voet of the Center of Human Genetics of KU Leuven, and Professor Yves Moreau and Professor Jan Aerts of the Department of Electrical Engineering of KU LEUVEN and is owned by KU LEUVEN.
If you qualify as an Academic Users, the Web Application is made available to you for free for testing and evaluation purposes within your academic research activities according to the terms and conditions specified below.
- Definitions
- "Web Application" shall mean the KU Leuven HiVA web application as made available to you as an Academic User on https://hiva.esat.kuleuven.be/ under the terms and conditions of this Trial Agreement.
- “Effective Date" shall mean the date on which you receive a login and password from KU LEUVEN for using the Web Application under this Trial Agreement.
- “Evaluation Period” shall mean the period of 30 calendar days starting from Effective Date. During this period you will be able to enter 10 data sets as input in the Web Application per species.
- “Field” shall mean human and bovine genome haplarithmisis research.
- “Academic User” shall mean a user of Web Application: who is employed by, or a student enrolled at, or a scientist legitimately affiliated with an academic institution; and whose use of the Web Application is on behalf of and in the interest of such academic, institution and is not on behalf of a commercial entity.
- License
- As long as you qualify as an Academic User and subject to the terms of this Trial Agreement, KU LEUVEN hereby grants you a free-of-charge, non-exclusive, non-transferable, to use the Web Application during the Evaluation Period for internal, non-commercial, evaluation and testing purposes within your academic research activities only. During the Evaluation Period you will be able to enter 10 data sets as input in the Web Application per species.
- You shall not sublicense any of its rights to the Web Application. This license does not comprise the right provide services with the Web Application to third parties. The grant of this license does not include the right to offer for sale and sell or otherwise distribute the Web Application, directly or through third parties. The grant of this license does not include the right to provide services or to perform contract research using the Web Application for the benefit of third parties or to generate revenue for you or your academic institute. You acknowledge and agrees that the Web Application has neither been validated nor released for clinical use. You hereby explicitly agree that the results of the Web Application may not and cannot be used for clinical interpretation or physician services.
- KU LEUVEN retains the right to the Web Application. KU LEUVEN may modify, create, update or remove the content at any time and without notice.
- Nothing in this Trial Agreement shall preclude the KU LEUVEN from entering into agreements with third parties concerning the Web Application.
- You warrant that you have full authority to enter into this Trial Agreement. You agree to use the Web Application adequately, according to the possibilities and purposes for which it is intended to avoid in any case: a) incurring unlawful activities, illegal or contrary to good faith and public order; b) causing damage to the physical and logical systems of KU LEUVEN, its suppliers or third parties; introducing or spreading computer viruses or any other hardware or software capable of causing the aforementioned damage; c) attempting to access the source code.
- Ownership
- The Web Application is copyrighted and covered by patent applications and KU LEUVEN retains all title and ownership to the Web Application. By using the Web Application, you do not acquire any intellectual property right to the Web Application or any part thereof, nor do you acquire any license or other rights under any patents, patent applications, trade secrets or other proprietary rights of KU LEUVEN, except as expressly granted herein.
- Delivery & Support
- KU LEUVEN will provide you with a login and password which allows you to use the Web Application for a period of 30 days and with a maximum usage of 5 data set entries. You agree to provide true, accurate, lawful, current and complete information about its identity as requested in the Web Application. After you accepted these terms and conditions and if you qualify as an Acdemic User, KU LEUVEN will send said information by email to the address specified at registration.
- No support with regard to the Web Application is provided by KU LEUVEN under this Trial Agreement.
- Publication
- If utilization of the Web Application results in outcomes which will be published, you shall acknowledge KU LEUVEN as the provider of the Web Application and shall include a reference to the original hapalarithmisis article (http://dx.doi.org/10.1016/j.ajhg.2015.04.011).
- Feedback
- You shall provide KU LEUVEN with feedback on the use of the Web Application in its evaluation and testing. KU LEUVEN is permitted to use any information provided by you for the purposes of making changes to the Web Application or for further research purposes. All reports shall be sent to the application helpdesk of the Web Application.
- Financial Arrangements
- The license is provided without fee.
- Warranty & Liability
- The Web Application is experimental in nature and is the result of academic research. Health related information changes frequently and therefore information contained in the Web Application may be outdated, incomplete or incorrect.
The Web Application is not intended to be used and may not be used as a substitute for medical advice, diagnosis, prevention, monitoring or treatment of any health condition or problem.
When using the Web Application you agree that the Web Application is supplied by KU LEUVEN for non-commercial testing and evaluation purposes within the scope of your academic research activities and only within the Field. You acknowledge and agree that the Web Application has neither been validated nor released for clinical use. You hereby explicitly agree that the results of the Web Application cannot be used for clinical interpretation or physician services.
- The Web Application is provided "as is" by the KU LEUVEN without warranty of any kind, whether express or implied. The KU LEUVEN specifically disclaims the implied warranties of merchantability and fitness for a particular purpose, or that the use of the Web Application will not infringe any patents, copyrights or trademarks or other rights of third parties. The entire risk as to the quality and performance of the Web Application is borne by you.
- KU LEUVEN shall not be liable for any loss or any direct, indirect, special, incidental, liquidated or consequential damages or other liability incurred by you in connection with the Web Application licensed by KU LEUVEN under this Trial Agreement or arising out of any performance of this Trial Agreement, whether such damages are based on contract, tort or any other legal theory (including but not limited to damages to third parties, loss of profits or loss of contracts). KU LEUVEN’s total liability to you shall in no case exceed the amount of 10.000 EUR.
- Notwithstanding the foregoing, the liability of KU LEUVEN shall not be limited to the extent that such limitation is not permitted by law or to the extent that damages are caused by wilful misconduct of KU LEUVEN.
- You will indemnify and hold harmless KU LEUVEN, its directors, officers, employees and agents from and against all liability, losses, damages and expenses (including attorney's fees and costs) arising out of any claims, demands, actions or other proceedings made or instituted by any third party against any of them and arising out of or relating to any breach of this Trial Agreement by you, or any use or disclosure of the Web Application by you, unless such claims or liability result from KU LEUVEN’s willful misconduct.
- Personal data
- Any information or data provided by you in the Web Application shall be anonymous and shall not contain any personal data (e.g. medical data). In the event you are explicitly permitted by KU LEUVEN to enter identifiable personal data, such data shall be provided for the purposes of this Trial Agreement only and you shall remain responsible for such data as the data controller. In particular, you shall be responsible to obtain the prior written consent of the data subject in accordance with applicable data protection law. KU LEUVEN shall only process such data for the purposes of this Trial Agreement.
- KU LEUVEN shall limit access to any personal data to the staff strictly necessary for the performance, management and monitoring of the Web Application or the Trial Agreement and shall process personal data in accordance with applicable data protection law.
- KU LEUVEN shall limit access to any personal data to the staff strictly necessary for the performance, management and monitoring of the Web Application or the Trial Agreement and shall process personal data in accordance with applicable data protection law.
- Term
- This Trial Agreement is effective from the Effective Date for the duration of the Evaluation Period with a maximum usage of 10 data entries per species.
- KU LEUVEN may terminate this Trial Agreement at any time without cause.
- No Party shall on termination of this Trial Agreement be relieved of its obligations accrued hereunder prior to the date of such termination nor shall any such termination affect any rights of a Party accrued prior to the date of termination. The obligation of the parties contained in paragraph 3, 8, 9, and 12 hereof, including, without limitation will survive the end of the Trial Agreement.
- Upon termination, you will no longer have access to the Web Application.
- Miscellaneous
- Any notice authorised or required to be given to KU LEUVEN under this Trial Agreement shall be in writing and shall be deemed to be duly given if left at or sent by registered post addressed to:
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KU LEUVEN:
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Address:
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KU LEUVEN
Waaistraat 6 bus 5105
3000 Leuven
Belgium
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Attention:
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General Manager
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Heading:
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Notice regarding HiVA web application
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- The terms and conditions herein contained constitute the entire agreement between the Parties and supersede all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter thereof.
- Should any (part of a) provision of this Trial Agreement become invalid, illegal or unenforceable, it shall not affect the validity of the remaining (part of the) provision(s) of this Trial Agreement. In such a case, the Parties concerned shall be entitled to request that a valid and practicable provision be negotiated which fulfils the purpose of the original provision and the intent of the Parties.
- Miscellaneous
- In the event of conflicts in the interpretation and/or performance of this Trial Agreement, the parties shall first undertake to settle their differences amicably. If no amicable settlement can be reached concerning the execution and/or interpretation of this Trial Agreement, such conflict shall be brought before the courts of Leuven and Belgian Law shall be applicable.
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