END USER LICENSE AGREEMENT
Last updated June 25, 2023
AGREEMENT TO OUR LEGAL TERMS
Bionl.ai is licensed to You (End-User) by Bionl, Inc, located and registered at 867 Boylston St , 5th floor 1398, Boston, Massachusetts 02116, United States ("Licensor"), for use only under the terms of this License Agreement. Our VAT number is 35-2765066.
By downloading the Licensed Application from , and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Bionl, Inc, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ("Usage Rules"). Bionl, Inc acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Bionl.ai when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Bionl.ai is to be used on devices that operate with .
TABLE OF CONTENTS
6. USER-GENERATED CONTRIBUTIONS
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
1. THE APPLICATION
Bionl.ai ("Licensed Application") is a piece of software created to
Bionl.ai is a platform that enables healthcare scientists and professionals to conduct
biomedical and bioinformatics research without the need to acquire programming expertise
or hire bioinformaticians. — and customized for mobile devices ("Devices"). It is used to Our tool allows scientists to do basic and advanced bioinformatics
exploration through natural language prompts..
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2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to
install and use the Licensed Application on any Devices that You (End-User) own or
control and as permitted by the Usage Rules, with the exception that such Licensed
Application may be accessed and used by other accounts associated with You (End-User,
The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided
by Licensor that replace, repair, and/or supplement the first Licensed Application,
unless a separate license is provided for such update, in which case the terms of that
new license will govern.
2.3 You may not share or make the Licensed Application available to third parties
(unless to the degree allowed by the Usage Rules, and with Bionl, Inc's prior written
consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile,
remove, modify, combine, create derivative works or updates of, adapt, or attempt to
derive the source code of the Licensed Application, or any part thereof (except with
Bionl, Inc's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the
Usage Rules) or alter the Licensed Application or portions thereof. You may create and
store copies only on devices that You own or control for backup keeping under the terms
of this license, the Usage Rules, and any other terms and conditions that apply to the
device or software used. You may not remove any intellectual property notices. You
acknowledge that no unauthorized third parties may gain access to these copies at any
time. If you sell your Devices to a third party, you must remove the Licensed
Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such
infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support
services for this Licensed Application. You can reach the Licensor at the email address
listed in the Overview for this Licensed Application.
4.2 Bionl, Inc and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed
Application content and Your personal information, and that Licensor's use of such
material and information is subject to Your legal agreements with Licensor and
Licensor's privacy policy, which can be found at the bottom of the Licensed Application.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or in the Licensed Application, including but not
limited to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Licensed Application and through third-party
websites or applications. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any
provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making
Contributions accessible to the Licensed Application by linking your account from the
Licensed Application to any of your social networking accounts, you automatically grant,
and you represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell,
resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose, commercial
advertising, or otherwise, and to prepare derivative works of, or incorporate in other
works, such as Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the Licensed
Application and you expressly agree to exonerate us from any and all responsibility and
to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort
shall be limited to intent and gross negligence. Only in case of a breach of essential
contractual duties (cardinal obligations), Licensor shall also be liable in case of
slight negligence. In any case, liability shall be limited to the foreseeable,
contractually typical damages. The limitation mentioned above does not apply to injuries
to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan
horses, viruses, or any other malware at the time of Your download. Licensor warrants
that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on
the device, that has been unauthorizedlymodified, handled inappropriately or culpably,
combined or installed with inappropriate hardware or software, used with inappropriate
accessories, regardless if by Yourself or by third parties, or if there are any other
reasons outside of Bionl, Inc's sphere of influence that affect the executability of the
Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after
installing it and notify Bionl, Inc about issues discovered without delay by email
provided in Contact Information. The defect report will be taken
into consideration and further investigated if it has been emailed within a period of
ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Bionl, Inc reserves
a choice to remedy the situation either by means of solving the defect or substitute
delivery.
9.5 In the event of any failure of the Licensed Application to conform to any
applicable warranty, You may notify the Services Store Operator, and Your Licensed
Application purchase price will be refunded to You. To the maximum extent permitted by
applicable law, the Services Store Operator will have no other warranty obligation
whatsoever with respect to the Licensed Application, and any other losses, claims,
damages, liabilities, expenses, and costs attributable to any negligence to adhere to
any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Bionl, Inc and the End-User acknowledge that Bionl, Inc, and not the Services, is
responsible for addressing any claims of the End-User or any third party relating to the
Licensed Application or the End-User’s possession and/or use of that Licensed
Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or
regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Bionl, Inc
867 Boylston St
5th floor 1398
Boston, MA 02116
United States
support@bionl.ai
13. TERMINATION
The license is valid until terminated by Bionl, Inc or by You. Your rights under this license will terminate automatically and without notice from Bionl, Inc if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Bionl, Inc represents and warrants that Bionl, Inc will comply with applicable
third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Bionl, Inc and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Bionl, Inc, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the Commonwealth of Massachusetts excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in
writing. The preceding clause can only be waived in writing.
17.3 Consent for Using Prompts for Improvement By using Bionl.ai, you explicitly consent to the following: "I consent to the usage of the contents of my prompts, dissociated from my personal identity, for the sole purpose of improving Bionl's models and features. I understand that this does not grant Bionl access to the full content of my data files. Hereby, I certify that I have read and agree to this End User License Agreement."