Funky Cells PowerApps License Agreement
1. Introduction and Acceptance. This License Agreement is a legal agreement between you (either an individual or an entity) and Funky Cells ("Funky Cells") regarding the use of the Funky Cells software entitled “Funky Cells PowerApps Ver 0.1.0 beta”, which includes user documentation provided in electronic form and access to database information (together, the "Software").
Before you check the - I accept the agreement - box at the bottom of the registration form, carefully read the terms and conditions of this license agreement. By clicking on the - I accept the agreement - button, you are agreeing to be bound by and are becoming a party to this license. If you do not agree to all of the terms of this license agreement, please do not use Software. If you do not continue, please destroy or delete all copies in your possession.
2. Grant of License. Subject to the restrictions set forth below, this License Agreement grants you a limited, non-exclusive license to register, install and use one copy of the specified version of the Software, in object-code form.
3. Acknowledgement. You accept to appropriately acknowledge the use of Software in publications and presentations (please cite Software name and our URL).
4. Ownership. The license granted under this License Agreement does not constitute a transfer or sale of any ownership rights in the Software. Except for the license rights granted above, as between you and Funky Cells, Funky Cells owns all right, title and interest in Software, including all intellectual property rights in Software. Software is protected by applicable intellectual property laws, including European copyright laws and international treaties.
5. License Restrictions. You may not: (i) reverse engineer, decompile, or disassemble Software, except to the extent the foregoing restriction is expressly prohibited by applicable law, (ii) remove or destroy any of Software's copyright notices or other proprietary markings, (iii) modify or adapt Software, merge Software into another program or create derivative works based on Software, (iv) transfer Software or any of your rights or obligations under this License Agreement, or (v) export or re-export Software unless you first obtain Funky Cells' written consent and comply with applicable export-control laws and obtain any necessary permits and licenses.
6. Termination. This License Agreement will take effect once you have installed Software and paid all license fees that are due and payable for Software. This License Agreement will terminate upon the earlier of: i) your failure to comply with any item of this agreement; ii) your return, destruction or deletion of all copies of Software in your possession; or iii) Funky Cells termination of the contract with a notice period of minimum 3 months (only for Software free of charge – purchase price 0 Euro). Funky Cells' rights and your obligations will survive the termination of this License Agreement. Upon Funky Cells' termination of this License Agreement, you will certify that all copies of Software have either been returned to Funky Cells or otherwise destroyed or deleted.
7. No Warranty. The software is provided as is. Funky Cells makes no representations or warranties with respect to Software, whether expressed, implied, statutory, or otherwise, and Funky Cells specifically disclaims the implied warranties of merchantability, and non-infringement.
8. Liability Limitation.
In no case will Funky Cells be liable for any consequential, special, indirect, incidental, or punitive damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data or other such pecuniary loss) arising out of the use or inability to use Software, even if Funky Cells has been advised out of the possibility of such damages. In no case will Funky Cells’ aggregate liability arising out of this license agreement exceed the fees actually paid by you for Software.
9. Prohibited Uses. Indemnification. This product has not been specifically approved as a Medical device by neither the European Medicines Agency nor the United States Food and Drug Administration and as such is not marketed with any claims concerning the performance of the product in use for interpreting data for the clinical diagnosis or treatment of any disease, disorder or other medical condition. The user hereby indemnifies the licensor of this software for any claims concerning the use of this software in the performance of any analysis classified as an Analyte Specific Reagent medical test. In the event that this product, or data derived from the use of the product, is directly or indirectly used in any manner not expressly authorized by this agreement or by the product manufacturer without prior authorization, licensee and his, her or its heirs, successors and assigns, hereby agree to indemnify, defend and hold harmless, the product manufacturer, its directors, officers, shareholders, members, managers, agents, successors, and assigns, from and against any and all claims, lawsuits and demands arising from or related in any way to such unauthorized use of the product or data derived from the use of the product. Said obligation shall include, but not be limited to, all costs of defense, including all attorney fees and expenses of counsel, any and all judgments and other amounts assessed by the court against them or their affiliates, and any and all other expenses and costs incurred by them as a result of any such action or claim.
Funky Cells may modify this Agreement at any time by posting the revised Agreement at www.FunkyCells.com. Your continued use of the Software and/or data derived therefrom shall constitute your acceptance of such revised Agreement.
10. Trademarks. Certain of the product and Funky Cells names used in this License Agreement, the Software and the documentation may constitute trademarks of Funky Cells or third parties. You are not authorized to use any such trademarks.
11. General. This License Agreement sets forth the entire and exclusive statement of the agreement between you and Funky Cells with respect to Software. This License Agreement shall be construed, interpreted, and governed by the laws of France. Any action between you and Funky Cells regarding this License Agreement will be subject to the exclusive jurisdiction of the courts of France. If any provision of this License Agreement is held invalid or unenforceable, the remainder of this License Agreement will continue in full force and effect.
12. Questions. Should you have any questions concerning this License Agreement, or if you desire to contact Funky Cells for any reason, please contact: This email address is being protected from spambots. You need JavaScript enabled to view it..