TERMS OF USE

IF YOU ARE NOT A MEMBER OF A PUBLICLY FUNDED ACADEMIC AND/OR EDUCATION AND/OR RESEARCH INSTITUTION YOU MUST OBTAIN A COMMERCIAL LICENSE BY SIGNING UP AS A COMMERCIAL USER .

BY USING THE ABOVE-NAMED SERVICE OR ITS RELATED DOCUMENTATION (COLLECTIVELY, THE "SERVICE"), YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. WE RECOMMEND THAT YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE.

YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION NAMED IN YOUR REGISTRATION FORM, IF ANY, AND IF SUCH AN ORGANIZATION IS NAMED, SUCH ORGANIZATION SHALL BE DEEMED TO BE "YOU" FOR THE PURPOSE OF THIS AGREEMENT. IF NO SUCH ORGANIZATION IS NAMED, THEN "YOU" SHALL REFER TO YOU INDIVIDUALLY.

THIS SERVICE LICENSE AGREEMENT IS ENTERED INTO BY AND BETWEEN THE ROSTLAB, TECHNICAL UNIVERSITY OF MUNICH (HEREINAFTER "TUM") AND THE "LICENSEE". WHEREAS TUM HAS THE RIGHT TO LICENSE ALL COPYRIGHTS AND OTHER PROPERTY RIGHTS IN THE LICENSED SERVICE IDENTIFIED AS THE SERVICE AND DEVELOPED BY TUM AND TUM DESIRES TO LICENSE THE SERVICE SO THAT IT BECOMES AVAILABLE FOR PUBLIC USE AND BENEFIT.

License Grant

TUM grants You a non-exclusive and non-transferable license to use the Service. TUM reserves the right to make corrections, improvements or enhancements to the Service without notice to You and without obligation to furnish the said corrections, improvements or enhancements to You.

Restrictions

You will not (i) use, or cause or permit the use of, the Service in whole or in part for any purpose other than as permitted under this Agreement; (ii) sell, lease, sublicense or otherwise transfer rights to the output of the Service to any third party; (iii) modify or create any derivative works of the Service, including translation or localization; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Service and its output.

Subscription Fee

Access to premium features of the Service requires paying a subscription fee. The fee is collected by Biosof LLC - a company licensed to distribute premium licenses for the Service. Premium licenses will only be granted by Biosof LLC after the subscription fees have been paid. Refer to the help documentation for information about subscribing to the site. Refer all billing and premium subscriptions questions by writing to Biosof LLC info@bio-sof.com.

Term and Termination

The term of this Agreement shall continue until terminated in accordance with this Section 4. This Agreement, and the rights granted hereunder, will terminate automatically, and without any further notice from or action by TUM, if You fail to comply with any obligation set forth herein. Upon termination, You must immediately cease use of the Service. TUM shall have the right to disable electronically Your unauthorized use of the Service and resort to other "self help" measures TUM deems appropriate. Sections 2, 4-10 and 12-14 shall survive expiration or termination of this Agreement.

No Obligation to Support

It is understood and agreed that TUM will provide no maintenance or installation services of any kind, error corrections, bug fixes, patches, updates or other modifications hereunder. In the event that TUM, at its sole option, provides updates, error corrections, bug fixes, patches, modifications, consultation or end-user support of any kind.

Proprietary rights

Title to the Service copyrights, trademarks and all other intellectual property rights applicable thereto, shall at all times remain solely and exclusively with TUM and its affiliates, and You shall not take any action inconsistent with such ownership. Any rights not expressly granted herein are reserved to TUM and its suppliers. You will not use or display any trademark, trade name, insignia, or symbols of TUM, its faculties or departments, or any variation or combination thereof, or the name of any trustee, faculty member, other employee, or student of TUM, for any purpose whatsoever without TUM's prior written consent.

NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS, ADEQUACY OR SUITABILITY FOR A PARTICULAR PURPOSE, USE OR RESULT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND ANY WARRANTIES OF FREEDOM FROM INFRINGEMENT OF ANY DOMESTIC OR FOREIGN PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OF ANY PARTY. TUM SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN COMBINATIONS OR IN A MANNER SELECTED FOR USE BY YOU, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TUM BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, LOST PROFITS, LOSS OF USE OF EQUIPMENT OR LOST CONTRACTS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED, EVEN IF TUM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Assignment

Neither this Agreement nor any rights, obligations or licenses granted hereunder may be assigned or delegated by You without the prior written consent of TUM. This Agreement shall inure to the benefit of the parties and their permitted successors and assigns.

Governing Law; Jurisdiction and Venue

This Agreement shall be governed by New York law applicable to agreements made and to be fully performed in New York, without reference to the conflict of laws principles of any jurisdiction. The parties agree that any and all claims arising under this Agreement or relating thereto shall be heard and determined either in the United States District Court for the Southern District of New York or in the Courts of the State of New York located in the City and County of New York, and the parties agree to submit themselves to the personal jurisdiction of those Courts and to waive any objections as to the convenience of the forum.

Severability

If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Miscellaneous

(a) This Agreement and its exhibits contain the entire understanding and agreement between the parties respecting the subject matter hereof. (b) This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party's duly authorized representative. (c) All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. (d) Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. (e) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.