SCINOTE MOBILE APPLICATION END USER LICENSE AGREEMENT
1.1. SciNote mobile application (“SciNote App”) made available through the App Store, Google Play or through a different platform is licensed, not sold, to you (“User”). User’s license to use the SciNote App is subject to User’s acceptance of this SciNote Mobile Application End User License Agreement (“App EULA”). User’s license to SciNote App is granted by SciNote, LLC (“SciNote”). SciNote reserves all rights in and to the SciNote App not expressly granted to the User under this App EULA.
1.2. If not accepted otherwise, the User accepts and agrees to be bound by this App EULA by downloading the SciNote App to the User’s device.
1.5. If not defined differently with this App EULA, the definitions of terms as provided in the Terms of Service shall also apply to this App EULA.
2. Scope of License
2.1. SciNote grants the User a nontransferable license to use the SciNote App on any mobile device that the User owns or controls and as permitted by this App EULA and Terms of Service. The terms of this App EULA will govern any content, materials, or services accessible from or purchased within the SciNote App as well as all updates and upgrades provided by SciNote that replace or supplement the original SciNote App, unless such upgrade is accompanied by a separate end user license agreement. User may not distribute or make the SciNote App available over a network where it could be used by multiple devices at the same time. User may not transfer, redistribute or sublicense the SciNote App and, if the User sells or otherwise disposes of the mobile device, on which the SciNote App is installed, User must remove the SciNote App from such mobile device before doing so. User may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SciNote App, any updates, or any part thereof.
3. SciNote ELN
3.1. SciNote App enables access to cloud based SciNote ELN. SciNote is not responsible for examining or evaluating the content or accuracy of any Research Data the User accesses, uploads, downloads or otherwise processes via SciNote App and shall not be liable for any damages resulting from such processing. User will not use the SciNote App or SciNote ELN in any manner that is inconsistent with the terms of this App EULA, Terms of Service or that infringes the intellectual property rights of SciNote or any third party. User expressly agrees to comply with the Acceptable Use Policy section of the Terms of Service. User is solely responsible for using the SciNote App in compliance with any and all applicable laws. SciNote reserves the right to change, suspend, remove, disable or impose access restrictions or limits on SciNote App at any time without notice or liability to the User.
4. Use of Data
4.1. User agrees that SciNote may collect and use technical data and related information—including but not limited to Activity Data, technical information about User’s device (device name, device ID, device operating system, device SciNote App version), system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the SciNote App, including the use of the SciNote App itself.
5.1. This App EULA is effective until terminated by User or SciNote. User’s rights under this App EULA will terminate automatically if the User fails to comply with any of terms of this App EULA or Terms of Service.
5.2. Upon termination of this App EULA, the User shall no longer have the license or right to use the SciNote App and will delete the SciNote App from the User’s device.
6. NO WARRANTY & LIMITATION OF LIABILITY
6.1. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF SCINOTE APP IS AT USER’S SOLE RISK. BEFORE USING THE SCINOTE APP IT IS THE DUTY OF THE USER TO CONSULT WITH THE ORGANIZATION ADMINISTRATOR OF THE CUSTOMER AND/OR CUSTOMER, AS APPLICABLE, AS TO THE APPROPRIATENESS OF USING THE SCINOTE APP TO ACCESS SCINOTE ELN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCINOTE APP AND ANY SERVICES PROVIDED BY OR WITH THE USE OF SCINOTE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SCINOTE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SCINOTE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCINOTE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SCINOTE DOES NOT WARRANT THAT THE SCINOTE APP WILL WORK FLAWLESSLY OR THAT IT WILL FLAWLESSLY CONNECT WITH SCINOTE ELN.
6.2. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SCINOTE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO USER’S USE OF OR INABILITY TO USE SCINOTE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SCINOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SCINOTE’S TOTAL LIABILITY TO USER FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.1. User may not use or otherwise export or re-export the SciNote App except as authorized by United States law and the laws of the jurisdiction in which the SciNote App was obtained. In particular, but without limitation, the SciNote App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the SciNote App, User represents and warrants that the User is not located in any such country or on any such list. User also agrees that the User will not use SciNote App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
7.2. SciNote App is intended for professional use only meaning that the User is not accepting this App EULA as a consumer and that consumer protection laws do not apply to the User’s use of the SciNote App.
7.3. SciNote App may not be supported on certain devices, may not be available in certain regions, may not support certain Plans and SciNote has no obligation towards the User with regards to that.
8. Final Provisions
8.1. The relationship between User and SciNote, with regard to the User’s use of SciNote App shall be governed by the laws of the State of Wisconsin, excluding its conflicts of law provisions. User and SciNote agree to submit to the personal and exclusive jurisdiction of the courts located Middleton, Wisconsin, to resolve any dispute or claim arising from this App EULA.
8.2. Specifically excluded from application to this App EULA is the United Nations Convention on the International Sale of Goods.