GENERAL CONDITIONS AND USER LICENCE AGREEMENT OF THE "RenAdaptor" DATA BASE
This licence agreement is concluded between MEDICINFORMATIC SPRL, whose registered office is located at 4920 AYWAILLE, rue des Prunelliers, 3, BCE 0823.729.641 (hereafter referred to as "THE PROVIDER") and the purchaser of a user licence of the software "RenAdaptor" (hereafter referred to as "THE CLIENT").
THE CLIENT has expressed his interest in having the possibility to use THE DATABASE in his professional activity.
It is specifically agreed between THE PROVIDER and THE CLIENT that only the provisions of these general conditions of licence are, besides applicable legal mandatory provisions, the law of the parties.
ARTICLE 1 - PURPOSE
1.1. The scope of this agreement is to define the conditions of use of the DATABASE hosted at the address www.renadaptor.org. This DATABASE is a compilation of articles and purely scientific data related to the renal insufficiency in order to give to the medical profession a practical research tool and thereby facilitate the prescription and dosage of drugs suitable to patients suffering from renal failure. The integration of the DATABASE in a SOFTWARE not only facilitate its use by the medical profession, but also makes the consultation of this DATABASE more accessible, while allowing its update.
1.2. The number of authorised access is hereby limited to one (1) access per client and the terms of access are defined in article 2.
1.3. It is agreed between THE PARTIES that if THE CLIENT fails to establish a statement or established a false or incorrect statement, THE CLIENT will have to pay, automatically and without a formal notice, the fees corresponding to the number of real connections to THE DATABASE which have not been reported, without prejudice of the right of THE PROVIDER to claim additional damages.
1.4. If THE CLIENT wishes to extend the use of THE DATABASE outside the scope foreseen in article 1.2., including, where appropriate, to companies of his group, he must first seek the express permission of the PROVIDER. The possible amendment will be then an integral part of this agreement.
ARTICLE 2 - TERMS AND UPDATES
2.1. Against payment of the fee defined in article 4., THE CLIENT will have access to THE DATABASE by means of a confidential login and password.
2.2. THE CLIENT agrees that he remains entirely responsible for the confidentiality of his password and for any use which could occur without his knowledge.
2.3. THE CLIENT will also have access to an electronic version of a user guide and to the successive updates of THE DATABASE.
2.4. The DATABASE’s updates foreseen by the PROVIDER are continuous.
ARTICLE 3 - DURATION
3.1. The agreement comes into effect upon payment of the fee and acceptance of general conditions of sale and use.
3.2. The agreement is concluded for a defined period of one (1) year. It may then be renewed for successive periods of one year, by payment of the fee in effect at the renewal date.
3.3. In case of termination, for reason whatsoever, THE CLIENT loses the right to use the DATABASE as a whole and will be automatically redirected to the free demonstration version of RENADAPTOR.
ARTICLE 4 - FEE
4.1. The amount of the annual fee, at the price prevailing at the date of registration, shall be paid by electronic payment via the website www.renadaptor.org. The invoice is printed directly by THE CLIENT at the end of the checkout process. By the renewal of his subscription, THE CLIENT agrees to the changes that may have been made by THE PROVIDER to the general conditions and /or the amount of the licence fee.
4.2. In the case of subscriptions in the context of article 1.4., including but not limited to multi-access subscriptions taken out by hospitals, these will be complemented by signing a separate multi-access License. In this case, the amount of the annual fee shall be set in Annex 1 of the aforementioned separate Licence, which will also set the number of authorized access and terms of access.
4.3. RENADAPTOR is entirely and solely funded by annual fees from users. This funding source has no influence on the éditoriel site content. There is no conflict of interest.
ARTICLE 5 - INTELLECTUAL PROPERTY
5.1. In counterpart of the complete payment of the fee foreseen in article 4., in principal, interests and charges, the PROVIDER concedes to the CLIENT a user licence to access the DATABASE for his own needs. This user licence is personal, non exclusive and non transferable (without any right of sub-licence).
5.2. THE CLIENT confirms he considers the PROVIDER as being the owner of the intellectual property rights on the data contained in THE DATABASE. As such, THE PROVIDER only concedes to THE CLIENT a non exclusive and non transferable use on these data. Therefore, no intellectual property right or any other right on THE DATABASE is transferred to THE CLIENT
5.3. Therefore, THE CLIENT agrees not to use the data for his own profit.
5.4. Except with the prior and express agreement of the PROVIDER, THE CLIENT may not reproduce, distribute or transfer the data, in any way, either free of charge or against payment. The same shall apply to the publication or dissemination of information from data accessible through THE DATABASE
5.5. THE CLIENT shall refrain from decompiling, decoding, copying, adapting or dismantling the protection system of all or part of THE DATABASE. THE CLIENT shall also refrain from transferring the data into another database
5.6. In the exceptional case that THE CLIENT would be authorized, in accordance to article 5.4., to reproduce all or part of THE DATABASE, THE CLIENT binds expressly himself to mention in any reproduction the rights of THE PROVIDER in his quality of author and producer of THE DATABASE
ARTICLE 6 - EXTRACTION OF THE CONTENT
6.1. THE CLIENT will refrain from extracting, reusing, storing, reproducing, representing or keeping, directly or indirectly, on any medium, by all means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of THE DATABASE content.
6.2. Subject to prior written authorization of THE PROVIDER, THE CLIENT may nevertheless possibly be allowed to extract some content of THE DATABASE, in a non qualitatively or non quantitatively substantial part, or to use the information contained in THE DATABASE, in particular for teaching, science or research, including extraction and handling of information for purposes of illustration, explanation, example, comment, criticism, research or analysis. In this case, THE CLIENT is authorized to extract the content of the database pursuant to this article 6.2 only for the purpose he has been authorized for by THE PROVIDER, purpose that is specifically mentioned by THE PROVIDER in his written authorization.
ARTICLE 7 - LIABILITIES AND WARRANTIES
7.1. THE CLIENT agrees that his use of THE DATABASE is under his sole and exclusive responsibility. He confirms having had the opportunity to assess THE DATABASE in its environment and declares that it is free from any defects.
7.2. THE PROVIDER warrants that the information, services, and functionalities made available to the user through THE DATABASE, if they are used according to the instructions, are substantially conform to generally accepted standards, and that the data made available to the user complies with the rights of third parties, and more generally, is not unlawful.
7.3. THE PROVIDER has made all reasonable efforts in order to include in the DATABASE precise, complete and updated information.
7.4. THE CLIENT expressly acknowledges that THE DATABASE is available online for information purposes only, and does not constitute in any way, nor can it replace, a medical advise. THE PROVIDER will not reply to any letter or email concerning questions about personal or general health problems. Indeed, THE PROVIDER reminds hereby that any health problem has to be subject to a personalized examination made by a member of the medical profession who is the only one able to establish a diagnosis and the proper treatment.
7.5. THE CLIENT agrees and approves that the information included in THE DATABASE can be different from one country to another. It is to THE CLIENT to ensure that the information supplied is appropriate for his country.
7.6. THE CLIENT will also keep THE PROVIDER free from any complaint in all following cases :
7.6.1. Loss of opportunities or business income due to the functioning or to the non-functioning of THE DATABASE, or of the content therein or which should have been therein.
7.6.2. Illegal or non authorized intrusion of any third person in the Web server which hosts THE DATABASE.
7.6.3. Intrusion of a computer virus in the web server which hosts THE DATABASE.
7.6.4. Temporary congestion of the bandwidth, i.e. the flow of information.
7.6.5. Temporary interruption of the access to THE DATABASE due to maintenance or any other cause.
7.6.6. Interruption of the Internet connexion service due to a cause out of control of the administrator.
7.6.7. Damage resulting directly or indirectly from the use or interpretation of the content of THE DATABASE or the inability of anyone accessing THE DATABASE to understand its content and to use it or interpret it.
7.6.8. Any modification or non-modification, update or non-update, correction or non-correction, omission, error and/or tailoring of the content of THE DATABASE, whether it is or not the fact of the PROVIDER or its partners.
7.7. THE CLIENT remains responsible for the computer environment and for the material, software and human means which he implements in order to access and use THE DATABASE.
7.8. THE CLIENT agrees that THE PROVIDER has the right to modify, update, correct and adapt the content of THE DATABASE at any time and without notice. THE PROVIDER does not warranty the update delay times.
7.9. THE DATABASE is likely to provide links or references to other websites maintained by third parties on whom THE PROVIDER has no control and therefore cannot be responsible for the content of those websites, or for any damage resulting from the use of that content.
7.10. In any event, the liability of the PROVIDER is limited to the amount of the fee paid by THE CLIENT.
ARTICLE 8 - TERMINATION
In case of failure by THE CLIENT to its obligations set by this agreement, THE PROVIDER may enforce the termination of the agreement, subject to the damages which he may be entitled to.
ARTICLE 9 - RANDOM PROVISIONS
9.1. PARTIAL INVALIDATION
If one or more provisions of this agreement are to be declared void by a final decision of Justice, the remaining provisions shall remain in full force and scope.
9.2. INTEGRALITY OF THE AGREEMENT AND TOLERANCE
This agreement expresses the entirety of the duties of the parties.
The fact that one party does not claim a failure to any obligation should not be interpreted as a disclaimer. However, any disclaimer to invoke an infringement of any provision of this agreement would not constitute a disclaimer to invoke previous, simultaneous or posterior infringements of the same provision or other ones. Such disclaimer will only be effective if expressed in writing.
9.3. FORCE MAJEURE
Initially, any non-execution resulting of a case of force majeure will suspend the obligations of this agreement. If the case of force majeure lasts for more than three months, this agreement will terminate automatically and without formality.
Are explicitly considered as cases of force majeure, besides those which are usually retained by the jurisprudence of the Belgian Courts, the following cases:
Total or partial strikes, whether intern or extern to the company, bad weather, epidemics, means of transport or supply blockage, for any reasons whatsoever, earthquake, fires, storm, flood, water damages, governmental or legal restrictions, legal or regulatory modifications to the methods of marketing, computer failure, interruption of telecommunications and all other cases beyond the control of the parties, preventing the normal execution of this agreement.
9.4. LAW AND JURISDICTION
This agreement is governed by Belgian law.
Any dispute shall be submitted to the sole jurisdiction of the Court of LIEGE (Belgium).
ARTICLE 10 - CONFIDENTIALITY AND RESPECT FOR PRIVACY
10.1. During registration the user, only the following information is collected: name, country, e-mail, login and password (address and telephone number are optional). This information may be changed or permanently removed from the database by the user at any time.
10.2. Informations stored in our database are confidential, accessible only by administrators for our own statistics. Under no circumstances these data will be used by others.
10.3. The owners of this website hereby guarantee to respect the legal confidentiality conditions, applicable in Belgium and not to disclose such information to third parties.
10.4. RENADAPTOR uses connection cookies (session IDs) for proper internal functioning of the website. These cookies are automatically deleted once the site has been left via the "Quit" button.