IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between YOU as Licensee and successor of Kaposvár University for the SOFTWARE PRODUCT FeedUtiliGene identified below. By installing, copying, or otherwise using the SOFTWARE PRODUCT, YOU agree to be bound by the terms of this EULA.
YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA.
After agreeing of this ELUA, YOU are allowed to use FeedUtiliGene software with the conditions detailed below. Your use of this software indicates your acceptance of this EULA and warranty.
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YOU hereby undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan or distribute the SOFTWARE PRODUCT other than as expressly authorized by this EULA.
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Definitions
Software: means the content of the downloaded file or delivered on any other medium (e.g. CD, memory stick) supplied with this agreement including:
- FeedUtiliGene
- the data from the Database
- the presentation of this data
- the associated documentation (help files or other written documents)
- all updates, modified versions, additions, and copies
FeedUtiliGene: FeedUtiliGene is a royalty-free software tool composed of eight modules:
The software is provided with a number of sample datasets from the Database, and the user can also import his own data for use with the models. The simulations can be saved for future use.
Database: Database means the built in datasets generated or provided by partners of the European Union Horizon 2020 project ‘Feed-a-Gene’ and consists in the following textual and numerical elements on:
Use: means the access to the Software, the downloading, installation, execution, and copying of the Software or any other benefit resulting from using its functions.
End-user: means any person, which is the beneficiary of this license, hereafter referred to as “You”.
Server: means the server from Kaposvár University, from which the End-user can download the FeedUtiliGene Software (http://english.ke.hu/services/feedutiligene/download).
Domain of the License: means the Use of the Software with the purpose to evaluate the potential and functionality of the Software. Any commercial or academic use is strictly prohibited, including providing services to third parties, the sale of information, data or any product of commercial value, except specific and written consent from Kaposvár University.
1. Intellectual Property Rights
1.1. FeedUtiliGene, as well as any copy of it, are the intellectual property of successor of Kaposvár University (KU), however the modules are based on work developed by different partners (KU, INRAE, IRTA and UNEW) and therefore the intellectual property of these modules belong to the respective authors. The structure, the organization and the source code are trade secrets and confidential information that You are not allowed to use or disclose, except for the purposes mentioned in this agreement.
1.2. The Database, as well as any copy of it, is the intellectual property of INRAE, IRTA, Newcastle University and successor of KU. The structure and the organization of the Database are trade secrets and confidential information that You are not allowed to use or disclose, except for the purposes mentioned in this agreement.
1.3. You will not have any right on FeedUtiliGene or on the Database, the data included in the Database, or possible copies of it, except for the rights conceded in the present agreement.
1.4. You agree to respect and not to remove, hide or conceal any copyright, trademark, and indication of confidentiality or any other mention relating to the property or the mark, or legend appearing on FeedUtiliGene and the Database, and to reproduce and include all mention of this type on each copy of FeedUtiliGene authorized by the present agreement.
1.5. FeedUtiliGene and the Database are protected by intellectual property rights in Hungary and abroad by international agreements on author rights. The breach of one of the authors’ rights constitutes an infringement crime punished in Hungary. Software is protected by Act LXXVI of 1999 a law in Hungary and according to Hungarian legislation (Act C of 2012 - Penal Code and Act V of 2013
- Civil Code) in case of infringement of the rights of the authors, successor of Kaposvár University will file a legal remedy in court with a claim for damages in the amount of 150 000 €.
1.6. The authors – Kaposvár University and the academic partners involved in model development, INRAE, IRTA, and Newcastle University - reserve all rights that are not expressly cited in the present license agreement.
2. License of the Software and Database
2.1. Kaposvár University hereby grants You by this agreement a non-exclusive, non-transferable, royalty-free, worldwide license to Use the FeedUtiliGene software and its Database for the purposes described above, in the Domain of the License for a non-limited period.
2.2. After accepting this agreement, You can Use, free of charge, the FeedUtiliGene Software to test and use its functionality.
2.3. You are authorized to download, install, and execute the FeedUtiliGene Software on your own computer to a limit of one license for one computer (i.e., one hard disk). Copying the software is not allowed.
2.4. The license is granted intuitu personae. It is personal, inalienable and not transferable, except prior and specific agreement of Kaposvár University. In accordance with the terms of this EULA you are granted as long as you are a single private user and not an organisation, club, institution, school, etc., to install and use one or more copies of the SOFTWARE PRODUCT on multiple computers and operating systems, as long as you own these computers. If you are not a single private user, or you wish to increase the number of users entitled to concurrently access the SOFTWARE PRODUCT, you must notify Kaposvár University and agree to pay an additional fee.
2.5. You are not authorized to rent, sell, sublease, distribute, assign, transfer, license, sublicense or otherwise share the FeedUtiliGene Software and Database or one of the rights of Kaposvár University on the Software.
2.6. You are not authorized to personalize the installation of the FeedUtiliGene Software or extend its functions. In addition, You may not translate, adapt, correct, modify the FeedUtiliGene Software.
2.7. You are not authorized to modify FeedUtiliGene Software and the Database, even to correct errors. Kaposvár University reserves the right to correct errors and to determine the methods dealing with the following acts:
- the reproduction of the source code of FeedUtiliGene or the translation of this code is strictly prohibited even when they are essential for the proper working of the Software with other software
similarly, You are not authorized to reverse engineer, disassemble or decompile FeedUtiliGene
- necessary information for the proper working with other software is available from Kaposvár University, without implying a commitment for Kaposvár University to provide assistance, maintenance or associated services with FeedUtiliGene
2.8. Kaposvár University reserves the right to correct errors in the Database without implying a commitment for Kaposvár University to provide assistance, maintenance or associated services with the Database.
2.9. You are not authorized to extract (i.e., transfer permanently or temporarily) whole or a part of the content of FeedUtiliGene or the Database to another medium, by any means and in any form. Moreover, You are not authorized to re-use (i.e., release in public) whole or a part of the content of FeedUtiliGene or the Database irrespective its form.
3. Limitation of warranty
3.1. Kaposvár University has no obligation to provide technical support and/or maintenance service for the FeedUtiliGene and the documentation.
3.2. Kaposvár University has no obligation to provide technical support and/or maintenance service for the Database.
3.3. Kaposvár University grants a license to Use the FeedUtiliGene and the documentation on an “as is” basis without warranties, either express or implied of any kind, of merchantability, fitness for a particular purpose or for any kind, and without any obligation for Kaposvár University to provide complementary services or technical support.
3.4. Kaposvár University grant a license to Use the Database on an “as is” basis without warranties, either express or implied of any kind, of merchantability, fitness for a particular purpose or for any kind, and without any obligation for Kaposvár University to provide complementary services or technical support.
3.5. You recognize that current scientific and technical knowledge does not allow to test and verify all uses of the FeedUtiliGene Software and the Database, or to detect existence of possible defects. You recognize that the FeedUtiliGene Software and Database should be used only by knowledgeable users and that their Use comprises some risks.
3.6. You are responsible for determining the appropriateness of the FeedUtiliGene and Database to your needs, for the control of their functioning, and for their Use under conditions that will cause no personal harm or property damage.
3.7. The FeedUtiliGene Software and Database are provided on an “as is” basis without any other guaranty than the existence of the FeedUtiliGene Software and the Database either express or implied, including the exclusion of guaranty regarding any title (of property or exploitation), lack of infringement, commercial quality, secured character, innovating and relevant nature of the FeedUtiliGene Software and the Database, the absence of errors, and compatibility with your equipment and/or software configuration.
4. Disclaimer of liability
4.1. Kaposvár University shall not be held liable by any person:
- for any damage arising from the total or partial failure to fulfil your obligations
- for any direct or indirect damage arising from the Use or the performance of the FeedUtiliGene Software and the Database to You as an End-user
- for any indirect damage arising from the Use or the performance of the FeedUtiliGene Software and the Database
4.2. The parties explicitly agree that any financial or commercial loss (for instance: loss of data, loss of customers or of orders, loss of benefit, operating loss, opportunity loss, commercial trouble) or any action directed against You by a third party constitutes an indirect damage and is not eligible for compensation of damage by Kaposvár University.
5. Termination of the agreement
In case of failure of the End-user to comply with any term of this agreement, the license will automatically terminate. In case of termination, You must immediately destroy the FeedUtiliGene Software as well as any copy, adaptation, improvement or any part of the FeedUtiliGene Software merged with other software.
6. Applicable law
This agreement and all disputes arising out of the execution or interpretation of this license shall be governed by Hungarian law.
7. Disputes
The parties undertake efforts to settle their differences by mutual agreement. In case of persistent disagreement, the courts of Kaposvár will be competent.
8. Language
The present license has been established in English.
H-7400 Kaposvár, Guba Sándor u. 40. | PO box: 16. | Phone: +36 82 505 800, +36 82 505 900 | international [AT] ke [DOT] hu
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