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It is preliminary stated that Universiteit Antwerpen for the purposes of this Agreement represented by Interface Service, Universiteit Antwerpen, Middelheimlaan 1, 2020 Antwerpen, Belgium, (hereinafter referred to as "UA"), and VIB vzw, Rijvisschestraat 120, B-9052 Zwijnaarde, Belgium (hereinafter referred to as "VIB") jointly own the intellectual property rights on the BIOGRAPH software and all related documentation (hereinafter jointly referred to as “BIOGRAPH software”). Therefore it is convened the following.

1. Academic Use of the BIOGRAPH Software

If you qualify as an Academic User, UA and VIB grant you a royalty-free, non-exclusive and non-transferable limited license (with no right to sub-license) to use the BIOGRAPH software for your non-commercial research use only. Academic User means a user of the BIOGRAPH software:

  1. Who is employed by, or a student enrolled at, or a scientist legitimately affiliated with an academic, non-profit or government institution; and
  2. Whose use of the BIOGRAPH software is on behalf of and in the interest of such academic, non-profit or government institution and is not on behalf of a commercial entity.

In exchange for this license to use the BIOGRAPH software you agree to the following:

  1. Access and use this BIOGRAPH software only if you qualify as an Academic User;
  2. Discontinue use if at any time you fail to qualify as an Academic User;
  3. Access and use this BIOGRAPH software for non-commercial research purposes only;
  4. At all times, comply with all applicable laws, rules and regulations with respect to your use of this BIOGRAPH software;
  5. Not to use or access the BIOGRAPH software (a) directly on the behalf of any commercial entity or (b) upon the direct or indirect request or inquiry of any commercial entity.

2. Commercial Use of the BIOGRAPH Software

Although BIOGRAPH is free for academic use, an agreement should be defined for a commercial use of any of our softwares. If you are interested, the first step in that regard is to contact Pascale Redig (Interface service, Universiteit Antwerpen) and Prof. Jurgen Del-Favero (Applied Molecular Genetics, VIB Department of Molecular Genetics, Universiteit Antwerpen).

3. Warranty, Liability and Indemnity

The BIOGRAPH software is provided on an "as is," "as available" basis without warranties of any kind either express or implied. To the fullest extent possible pursuant to the applicable law, UA and VIB disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or other violation of rights. UA and/or VIB do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the information and materials on the BIOGRAPH software or any sites linked to the BIOGRAPH software.

Under no circumstances, including, but not limited to, negligence, shall UA, VIB or its suppliers be liable for any direct, indirect, special, incidental or consequential damages, or any other damages of any kind, including, but not limited to, loss of data or loss of profits arising out of the use, or the inability to use the site or the materials contained herein or accessed through, the BIOGRAPH software, even if UA, VIB or a UA authorized representative or a VIB authorized representative has been advised of the possibility of such damages.

4. Intellectual Property Rights

By using the BIOGRAPH software, you do not acquire any intellectual property right to the BIOGRAPH software 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 UA or VIB, except as expressly granted herein.

5. Citations

The Academic User shall acknowledge UA and VIB as the provider of software and shall include a reference to to A.M.L. Liekens, J. De Knijf J, W. Daelemans, B. Goethals, P. De Rijk, J. Del-Favero J, BioGraph: Unsupervised Biomedical Knowledge Discovery via Automated Hypothesis Generation, Genome Biology 12:R57, 2011.