The ARC Predictor Web Application is developed by the Division Clinical Pharmacology and Pharmacotherapy of the KU Leuven and is owned by the Katholieke Universiteit Leuven (hereinafter referred to as “KU LEUVEN").
1.1 “ARC Predictor Web Application” shall mean the KU LEUVEN web application as made available to you on www.arcpredictor.com during the term of this Agreement.
1.2 “Effective Date" shall mean the date on which you start using the ARC Predictor Web Application.
1.3 “Purpose” shall mean non-commercial testing purposes within the scope of your internal research activities excluding (i) clinical use or use of the ARC Predictor Web Application for clinical interpretation or physician services, such as but not limited to medical advice, diagnosis, prevention, monitoring or treatment of any health condition or problem and (ii) the use or transfer of the ARC Predictor Web Application for a consideration as well as the use of the ARC Predictor Web Application to support commercial activities including providing services with the Software to third parties. “Non-commercial User” shall mean a person using the ARC Predictor Web Application for non-commercial research purposes on its own behalf or on behalf of a legal entity. In case the Non-commercial User is acting on behalf of an entity, use of the ARC Predictor Web Application is only permitted by the Non-Commercial User in the event the License Agreement is approved and signed by the authorized signatories of such legal entity and returned to KU LEUVEN.
2.1 Subject to the terms of this Agreement, KU LEUVEN hereby grants you a royalty-free, non-exclusive, non-transferable license to the ARC Predictor Web Application supplied by KU LEUVEN for the Purpose, only, which you accept as ato use it as Non-commercial User . KU LEUVEN may modify, create, update or remove the content at any time and without notice.
2.2 You shall not sublicense any of your rights to the ARC Predictor Web Application. Neither will you make available or transfer the ARC Predictor Web Application to a third party, unless prior written agreement of KU LEUVEN has been obtained.
2.3 You warrant that you have full authority to enter into this Agreement and that the signatory/signatories to this Agreement has/have the power of attorney to represent you and to act on your behalf for the purposes of this Agreement. You agree to provide true, accurate, lawful, current and complete information about your identity as requested in the ARC Predictor Web Application. Also, you agree to use the ARC Predictor 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.
3.1 The ARC Predictor Web Application is copyrighted and KU LEUVEN retains all title and ownership to the ARC Predictor Web Application. Nothing in this Agreement shall preclude KU LEUVEN from entering into agreements with third parties concerning the Application.
3.2 By using the Application, you do not acquire any intellectual property right to the ARC Predictor 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.
Non-commercial User shall acknowledge KU LEUVEN as the owner of the ARC Predictor Web Application. and shall include a reference to the ARC Predictor Web Application publication and to the Division Clinical Pharmacology and Pharmacotherapy of the KU Leuven in any publication describing data obtained using the Software.
You are encouraged to provide KU LEUVEN with feedback on the ARC Predictor Web Application as used in compliance with the Purpose. KU LEUVEN is permitted to use any information provided by you for any purpose including but not limited to making changes to the ARC Predictor Web Application or for further research purposes. All feedback shall be sent to: firstname.lastname@example.org and email@example.com
This license does not entitle you to receive from KU LEUVEN technical support, telephone assistance, or enhancements or updates to the ARC Predictor Web Application. Any support that may be given by KU LEUVEN on voluntary basis is provided "as is" and KU LEUVEN makes no representations or warranties of any type whatsoever, express or implied, regarding the provided support.
THIS ARC PREDICTOR WEB APPLICATION IS EXPERIMENTAL IN NATURE AND IS THE RESULT OF ACADEMIC RESEARCH. HEALTH RELATED INFORMATION CHANGES FREQUENTLY AND THEREFORE INFORMATION CONTAINED IN THE ARC PREDICTOR WEB APPLICATION MAY BE OUTDATED, INCOMPLETE OR INCORRECT.
THIS ARC PREDICTOR 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 ARC PREDICTOR WEB APPLICATION YOU AGREE THAT THE ARC PREDICTOR WEB APPLICATION IS SUPPLIED BY KU LEUVEN FOR NON-COMMERCIAL TESTING PURPOSES WITHIN THE SCOPE OF YOUR INTERNAL RESEARCH ACTIVITIES AND ONLY WITHIN THE FIELD OF INTENSIVE CARE MEDICINE RESEARCH. YOU ACKNOWLEDGE AND AGREE THAT THE ARC PREDICTOR WEB APPLICATION HAS NEITHER BEEN VALIDATED NOR RELEASED FOR CLINICAL USE. YOU HEREBY EXPLICITLY AGREE THAT THE RESULTS OF THE ARC PREDICTOR WEB APPLICATION CANNOT BE USED FOR CLINICAL INTERPRETATION OR PHYSICIAN SERVICES.
The ARC Predictor Web Application is provided "as is" by KU LEUVEN without warranty of any kind, whether express or implied. KU LEUVEN specifically disclaims the implied warranties of merchantability and fitness for a particular purpose or that the use of the ARC Predictor 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 ARC Predictor 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 ARC Predictor Web Application licensed by KU LEUVEN under this Agreement or arising out of any performance of this 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, defend 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 Agreement by you, or any use or disclosure of the ARC Predictor Web Application by you, unless such claims or liability result from KU LEUVEN’s willful misconduct.
9.1 Any information or data provided by you in the ARC Predictor Web Application will 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 Agreement only and you shall remain responsible for such data as the data controller (subject to Article 9.2 below). 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 Agreement and shall keep such data confidential.
9.2 This ARC Predictor Web Application requires registration. To the extent your personal data is registered by KU LEUVEN, you shall have the right of access to your personal data and the right to rectify or have deleted any such data. Should you have any queries concerning the processing of your personal data, you shall address them to the KU LEUVEN data protection officer, at the address set out in Article 11.
9.3 KU LEUVEN shall limit access to any personal data to the staff strictly necessary for the performance, management and monitoring of the ARC Predictor Web Application or the Agreement and shall process personal data in accordance with applicable data protection law.
9.4. In view of optimizing the ARC Predictor Web Application, KU LEUVEN may submit surveys concerning the use and features of the Application. Data provided by users in this context will be treated according to the specifications mentioned in the survey documents.
10.1 This Agreement is effective from the Effective Date during and will terminate upon your prior written request or immediately without notice from KU LEUVEN if you fail to comply with any provision of this Agreement. Upon termination, you will no longer have access to the ARC Predictor Web Application. This Agreement will end automatically upon removal of the ARC Predictor Web Application by KU LEUVEN from the relevant website, unless otherwise notified in writing by KU LEUVEN.
10.2 In case of termination the provisions of Article 3, 5, 7, 8 and 12 shall remain in full force and effect.
11.1 Any notice authorized or required to be given to KU LEUVEN under this Agreement shall be in writing and shall be deemed to be duly given if sent by registered post to: KU LEUVEN R&D, Waaistraat 6, B-3000 Leuven, Belgium.
11.2 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.
11.3 Should any (part of a) provision of this Agreement become invalid, illegal or unenforceable, it shall not affect the validity of the remaining (part of the) provision(s) of this 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.
In the event of disputes in the interpretation and/or performance of this 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 Agreement, such conflict shall be brought before the courts of Leuven and Belgian Law shall be applicable, excluding its conflict of law provisions.