Terms & Conditions

The following are the terms and conditions for use of the services provided by Alleviating Science on the Aexd.net website (“Service”). By accepting the terms and conditions described in this document, You (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”) confirm and digitally sign a valid agreement (“Agreement”) between you and Alleviating Science, to which you are legally bound until one of both parties (you or Alleviating Science) ends the Agreement. Furthermore, by accepting the terms and conditions described in this document, you acknowledge that you have read this document carefully and that you are aware of all its content and any consequences to you. You may only accept the terms and conditions if you are legally positioned to do so. You attest that you are of legal age to enter into this Agreement. You represent and warrant that you have full authority to accept the terms and conditions. If You are accepting on behalf of someone else, You represent and warrant that You have full legal authority to bind that person or entity to these Terms. If You don’t have full legal authority to bind, please ensure that an authorized person from your entity consents to and accepts the terms and conditions.
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BY CHECKING THE CHECK BOX PRECEDING “I AGREE TO THE TERMS OF SERVICE”, COMPLETING THE REGISTRATION PROCESS AND/OR USING ANY OF THE PROVIDED SERVICES, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU ACCEPT THE AGREEMENT, MEANING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT AS MENTIONED IN THIS DOCUMENT.
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From the moment of acceptance of the agreement, all services that are at your disposal are limited by the type of License that you choose to acquire. It is your responsibility to maintain informed about any modifications of the terms, conditions, and notices contained herein, which you automatically agree to accept if you do not notify Alleviating Science of the contrary within thirty (30) calendar days from the moment that the undesired modification(s) are published on the Aexd.net website. In the case any party (you or Alleviating Science) ends the Agreement, you are no longer allowed to use any of the services provided by Aexd.net (Accelerating experimental design), including the Aexd.net website. The Software is provided ‘as is’ and its use is at your own risk. Thus, although Alleviating Science constantly strives to increase the quality and the number of the services that it provides to the Customer, Alleviating Science cannot be held responsible for any dissatisfaction of the Customer, nor is Alleviating Science liable for economic, physical or any other consequences that result from the use of the Software nor from any Analytical Report generated by it.
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THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE USE OF THE Aexd.net WEBSITE BETWEEN YOU AND ALLEVIATING SCIENCE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
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1. Definitions
i. “Account” refers to the entirety of Customer Data and Designs attributed to the Customer, if any. An Account is separate from and independent of a License. Each individual Design is linked to a License under which that Design was created and, upon transferring the License to another Account, is automatically attributed to that other Account.
ii. “Analysis Report” means the resulting analysis and figures generated for an individual Design at Aexd.net/…./Analysis or Aexd.net/…./Surfaces, or any other URL Aexd.net may provide. The number of figures and statistics contained in an Analysis Report varies with the edition of the Service, the type of Design, the validity of the Experimental Results and the License currently in use by the Customer.
iii. “Customer” refers to You, the client of Aexd.net, who, after accepting the terms and conditions described in this document, is entitled to use any of the provided services, limited by the type of License that the Customer has activated (f.i. Free, Student, Commercial Full or Academic Full)
iv. “Customer Data” means any data concerning the characteristics of the Customer and the Account of the Customer. The Customer Data can be provided by the Customer or can be gathered by other means and attributed to the Customer.
v. “Dependent Variables” are quantifiable variables which values depend on the outcome of physical experiments or computational efforts (the Experimental Results). For example, heating costs of a building (Dependent Variable) would depend on temperature differences, time of heating, degree of isolation (Independent Variables). The number of Dependent Variables available to You is determined and limited by the type of License that You have activated.
vi. “Design” refers to the entirety of data describing an individual experimental design, possibly incremented by the Experimental Results that were obtained using the values of the independent variables as calculated by the experimental design, and data used to analyze these results. A Design also includes the collection of settings that together determine how the Processing Software should generate information to be presented to the Customer, for example, the Experimental Planning Scheme in the experimental design definition section at Aexd.net…./Design, and/or the Analysis Reports at Aexd.net/.…/Analysis or Aexd.net/…./Dashboard or any other URL Aexd.net may provide. A customer can create and manage multiple Designs, limited by the type of License that is activated by the Customer.
vii. “Documentation” refers to documents made available to You by Aexd.net, online or otherwise, in digital or paper form, for informational, educational, instructive, legal, recording or any other purpose.
viii. “Experimental Planning Scheme” is a scheme holding values of independent Variables and is generated by the Processing Software. The Customer must assert, or modify higher and lower values of Independent Variables such, that all values of the Independent Variables in the Experimental Planning Scheme are physically possible for each individual Experimental Test. Subsequently, these values should be set for each individual Experimental Test according to the Experimental Planning Scheme when executing the Experimental Tests.
ix. “Experimental Results” are quantified results of Experimental Tests, produced in appliance to the experimental design (Experimental Planning Scheme) and expressed as values of Dependent Variables of each individual experimental test. In order to perform any analysis of the Design, these Experimental Results have to be provided by completion of the ‘Design and results’ table at Aexd.net/…./Design or any other such url provided by Aexd.net.
x. “Experimental Tests” are physical or computational experiments that the Customer should execute, for example, in a laboratory, outdoor field or production process. All tests should be executed using the values of the Independent Variables as determined by the Experimental Planning Scheme.
xi. “Front End Software” refers to software that is directly downloadable by the user, including but not limited to javascript, css or html files. The Front End Software’s main purpose is to generate the visual representation of data produced by the Processing Software and to send Customer input to the Processing Software.
xii. “Independent Variables” are variables that can be physically and directly adjusted in the process that You desire to analyze and/or optimize. The values of these variables usually influence the outcome of the Experimental Results (and the values of the Dependent Variables). The Customer should assert that the values of Independent Variables for each Experimental Test according to the Experimental Planning Scheme are physically possible. The number of Independent Variables in the Experimental Planning Scheme available to the user is limited by the type of License that is activated by the Customer.
xiii. “License” refers to a virtual object on which the number, quality and availability in time of the Service to the Customer depend. A License can be purchased by You from Aexd.net or can be granted to You by Aexd.net. A License can expire, in which case the Customer can no longer use specific parts of the Service, although the Account of the Customer remains available.
xiv. “Processing Software” means the proprietary or open-source software, made by or contributed to by Aexd.net, and all upgrades to this software, which stores, processes and generates data for each Design, as configuration of the Design, Independent Variables, Experimental Results, an Analysis Report, figures and other digital content, and is necessary to deliver the Service to the Customer. the Processing Software also beholds software with which the Account and (multiple) License(s) of the Customer are administered and that generates any or all content for the Aexd.net website.
xv. “Servers” means the servers controlled by or for Aexd.net or its affiliates and that store Customer Data, Designs, execute the Processing Software and/or serve the Front End Software to the Customer.
xvi. “Service” is the entirety of individual services provided on the Aexd.net website and by Alleviating Science. It beholds, but is not limited to, the creation of an Account, granting of paid or unpaid Licenses, creation of the Experimental Planning Scheme, processing and analyzing the Experimental Results, creation of the Analysis Report and the Dashboard, any and all use of the Processing Software and serving the Front End Software, Documentation and the storage of data relevant to the Service that is either provided by You or generated or collected by Aexd.net.
xvii. “Software” means the Front End Software and the Processing Software.
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2. Fees and Services
Subject to Section 3 herein, the Service is provided to You at a cost that is determined by the type of License You wish to acquire, at the moment of the purchase of this License. Alleviating Design may change its fees and payment policies for the Service from time to time including but not limited to the addition of costs for recovery of deleted Designs, personal support or other services that can be added to the service portfolio in the future, as well as fees charged to Alleviating Science by 3rd party or allied vendors or service providers, concerning Aexd.net.. The changes to the existing fees or payment policies are effective for any new License upon purchasing of that
License by You or for an existing License upon extending the expiry date of that License by You. Additional fees will only be charged upon acceptance by You via a purchase of an additional service. The changes to fees or payment policies which will be posted at the account or license section for the logged-in Customer at Aexd.net (or such other URL Alleviating Science may provide). Unless otherwise stated, all fees are quoted in Euro (€). Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason. Any collection expenses (including attorneys’ fees) incurred by Alleviating Science will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with the Account of the Customer.
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3. Customer account, password and security
To register for the Service, You must complete the registration process at Aexd.net/signup or other such url provided by Alleviating Science, by providing Aexd.net with current, complete and accurate information as
prompted by the registration form, including Your e-mail address, complete name and password. You shall protect Your passwords and take full responsibility for the use of the Account. You are solely responsible for any and all activities that occur under Your Account. You agree to notify Alleviating Science immediately upon learning of any unauthorized use of Your Account or any other breach of security, by sending an email to admin@Aexd.net .From time to time, the support staff of Alleviating Science (or affiliates authorized by Alleviating Science) may use Your Account information including passwords to log in to the Service in order to maintain or improve service, and to provide assistance to You with technical or billing issues. You hereby acknowledge and consent to such access. You are required to always maintain Your email address accurate, up-to-date and read your email on this address regularly, such that You can be contacted via this email address at any time by Alleviating Science, if it wishes to do so.
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4. Choice of License type
Alleviating Science hereby grants the Customer a limited choice of the type of a non-exclusive License, providing different levels of accessibility and Service. A Free of Charge License is available to any Customer who wishes to experiment and to get acquainted with the Aexd.net with limited accessibility and Service for a period of 3 months. For Commercial or professional Academic Customers the License provides the highest level of Service and accessibility. Students can acquire a License with a level of accessibility and Service that is positioned between the Free of Charge License and Commercial License. Each type of License holds a different pricing. Among others, each type of License allows a different availability and access to the Service with a different number of Designs, different allowance of sharing the design with others, different periods of time that the data is saved and
different or non-existing confrontation with promotional advertisements and/or Google AdWords while using the Service.
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The exact description concerning the limitations of each particular type of License will be available to You on the license-section at Aexd.net/license (or such other url Alleviating Science may provide) and will be send to the email address provided by You when the License is purchased. Use of any granted or purchased License is solely allowed as necessary to use the Service. Subject to the terms and conditions of this Agreement, You may access, view and modify Designs according to and within the limitations of the active License. Your License to access and use the Service (which may include, without limitation, the Processing Software, Front End Software, Documentation, the Analysis Reports and the Dashboard) is conditioned upon Your compliance with the terms and conditions of the Agreement, including, but not limited to, the following: You shall not nor allow any third party to:
i. copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation;
ii. reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software;
iii. rent, lease, sell, assign or otherwise transfer rights in or to the Processing Software, the Front End Software, the Documentation or the Service;
iv. remove any proprietary notices or labels on the Software or placed by the Service;
v. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software.
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Under the policy of Faire Use, You shall use the Service solely for Your own internal use, and shall not make the Software or Service available for timesharing, application service provider or service bureau use. Depending on the type of License, You are allowed however to assign colleagues or other relevant persons to log in under your code to share the progress status of your project within the policy of Fair Use, wherever they are in the world. If the frequency or characteristics of this log-in profile resembles that of a normal user You will be asked to acquire a separate License for that user. You shall comply with all applicable laws and regulations in the use of and access to the Service, including but not limited to Processing Software, Front End Software and Documentation. Use of the Service in a commercial environment under a free or payed student License is in violation of U.S., Dutch and international copyright laws. You agree to use the Service only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Service. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of interaction within the Service. This license will terminate immediately if You fail to comply with the terms of this Agreement. Upon such termination, You must destroy all originals and copies of the data generated by the Service, including figures, tables and statistical data, and so certify in writing to Alleviating Science within three (3) business days of termination and cease any further use of the Service without the express, written consent of Alleviating Science.
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5. Confidenciality
All data submitted to Alleviating Science by the Customer and generated by the Processing Software is considered “Confidential Information”, including Account information, Designs, Experimental Results, Analysis Reports and Dashboard Simulations. Moreover, Confidential Information includes any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally and, within five business days, reduced to writing and marked “confidential”. Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.
Alleviating Science will not share confidential information with third parties. The support staff of Alleviating Science takes all necessary measures at all times to maintain confidential information undisclosed to any other third party or affiliate. Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement, improving the Service, or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such
information.
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You are responsible for safeguarding Your Account, the confidentiality of Your password(s) and email address(es) issued by You to Alleviating Science, and for any use or misuse of Your Account resulting from any third party using a password or user name. You agree to immediately notify Alleviating Science of any unauthorized use of his/her Account or any other breach of security known to You.
You are allowed and encouraged to misrepresent or obfuscate Design titles and names of Independent Variables or Dependent Variables as an extra measure for safeguarding the Confidential Information. Upon Your written and signed request, Alleviating Science will promptly either return or destroy all Confidential Information provided by You and available to Alleviating Science and notify You with written certification of such.
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6. Information rights and publicity
Alleviating Science may collect, retain and use, subject to item 5 in this Agreement, information about the use of the Service by the Customer. Alleviating Science will not share information associated with You, that may or may not enable Your identification, with any third party unless Alleviating Science either:
i. has Your consent;
ii. concludes that it is required by law;
iii. has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Alleviating Science, its users or the public;
iv. provides such information in certain limited circumstances to third parties to carry out tasks on Alleviating Science’s behalf (e.g., tracking of site-access information, billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Alleviating Design.
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In the latter case, the procedure is subject to agreements that oblige those parties to process such information only on Alleviating Science’s instructions, in compliance with this Agreement and with appropriate confidentiality and security measures.
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7. Privacy
Protecting personal and confidential information is a core value for Alleviating Science. Alleviating Science understands that confidentiality is highly important due to the nature of the sensitive information that can be stored by the Customer on Aexd.net and the often high economic interest of this information considering experimentation costs and competitive advantages that can result from process optimization using this Service. A more detailed Privacy Policy is published at www.Aexd.net/privacy-policy. You agree to allow Alleviating Science to contact You via the email address provided by You at any time if Alleviating Science wishes to do so.
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8. Indemnification
The Customer agrees to indemnify, hold harmless and defend Alleviating Science at the Customer’s expense, any and all third-party claims, actions, proceedings, and suits brought against Alleviating Science or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Alleviating Science or any of its officers, directors, employees, agents or affiliates, arising out of or relating to either:
i. breach by You of any term or condition of this Agreement;
ii. Your use of the Service;
iii. Alleviating Science’s actions on Your behalf including the processing of data on Your behalf;
iv. violations of applicable laws, rules or regulations in connection with the Service by You;
v. Aexd.net Features.
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In such a case, Alleviating Design will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Alleviating Design reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. Your indemnification of Alleviating Science shall survive the termination of this Agreement.
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9. Third parties
If You provide access to Your Account or any portion thereof to any third party or use the Service on behalf of any third party (“Third Party”), whether or not You are authorized to do so by Alleviating Science or its affiliates, the terms of this Section 9 shall apply to You. If You use the Service on behalf of any Third Party, You represent and warrant that:
i. You are authorized to act on behalf of, and bind to this Agreement, that Third Party;
ii. as between the Third Party and You, the Third Party owns any rights to Customer Data in the applicable account;
iii. You shall not disclose Third Party’s Customer Data, including Designs, to any other party without the Third Party’s consent.
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You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. Alleviating Science and its affiliates make no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to Alleviating Science and its affiliates, the Service, the Documentation, the Software or the Analysis Reports, or use thereof. You agree to indemnify, hold harmless and defend Alleviating Science and its affiliates, at Your expense, against any and all Third-Party claims, actions, proceedings, and suits brought against Alleviating Science or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Alleviating Science, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to either:
i. any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to Third Parties;
ii. any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Analysis Reports;
iii. violations of Your obligations of privacy to any Third Party;
iv. any claims with respect to acts or omissions of Third Parties in connection with the Services, the Software or Analysis Reports.
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Your indemnification of Alleviating Science shall survive the termination of this Agreement.
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10. Disclaimer of warranties
The information and services included in or available through the Service, including but not limited to the Documentation, the Experimental Planning Schemes and the Analysis Reports, may include inaccuracies or typographical errors, as may this very Agreement include inaccuracies or typographical errors and You agree to accept any such errors as part of the Service. Alleviating Science and/or its affiliates may make improvements and/or changes in the Service, including but not limited to the Software or Documentation, at any time, with or without notice.
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Alleviating Science does not represent or warrant that the Service will be uninterrupted or error-free, that the data stored by the Customer on the Aexd.net website will not be lost, that defects or inaccuracies will be corrected, or that the Service, the Software or any other software on the Servers, on which Aexd.net is hosted or its database is stored, are free of viruses, bugs or other harmful components. Therefor, please be prepared for the unexpected by backing up Your data. YOU ARE SOLELY RESPONSIBLE FOR AND STRONGLY ADVISED TO MAINTAINING PRINTED COPIES OF AND KEEP COPIES OF YOUR ORIGINAL DATA, INCLUDING BUT NOT LIMITED TO DESIGNS AND/OR DETAILS THEREOF, EXPERIMENTAL PLANNING SCHEMES, EXPERIMENTAL RESULTS AND ANALYSIS REPORTS AND DASHBOARD PRINTS.
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Alleviating Science does not warrant or represent that the use of the Service, the Documentation, the Designs, the Experimental Planning Schemes or the Analysis Reports and Dashboards will be correct, accurate, timely or otherwise reliable. You specifically agree that Alleviating Science and its affiliates shall not be responsible for unauthorized access to or alteration of the Customer Data and Designs.
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THE SERVICE, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION, SOFTWARE, ANALYSIS REPORTS AND DASHBOARDS ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ALLEVIATING SCIENCE AND/OR ITS AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND ANALYSIS REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY
WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. ALLEVIATING SCIENCE DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, OR THAT ANY DATA YOU STORED USING THE SERVICE WILL REMAIN AVAILABLE TO YOU. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. THIS
SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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11. Limitation of liability
ALLEVIATING SCIENCE AND ITS AFFILIATES WILL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST DATA, WRONG DECISIONS BASED ON THE ANALYSIS REPORT, LOST PROFITS, LOST ANTICIPATED REVENUE, SUBOPTIMAL PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS
OF GOODWILL OR INJURY TO REPUTATION, LOSSES SUFFERED BY THIRD PARTIES, OR ANY INDIRECT CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SERVICE REGARDLESS OF THE FORM OF ACTION), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER SORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ALLEVIATING SCIENCE AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
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The total cumulative liability of Alleviating Science (and it’s affiliates) to You or any other party, for any loss or damage resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the value of the License on the moment of its purchase by You, understanding the active License at the time and under which the claims originally arose.
The Service is not fault-tolerant and is not designed, manufactured or intended for use as on-line control equipment, especially in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Service could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Accordingly, Alleviating Science and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that Alleviating Science and its suppliers will not be liable for any claims or damages arising from the use of the Service in such applications.
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12. Service levels
Alleviating Science does not guarantee the Service will be operable at all times or during any down time
i. caused by outages to any public Internet backbones, networks or Servers;
ii. caused by any failures of Your equipment, systems or local access services;
iii. for previously scheduled maintenance;
iv. for unscheduled maintenance;
v. technical or human failures caused by or affecting the hosting service provider of Alleviating Science or its affiliates;
vi. relating to events beyond Alleviating Science’s (or its affiliates’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in internet services to an area where Alleviating Science (or its affiliates) or Your servers or internet host provider are located or co-located.
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Complete accuracy in any aspects of the Documentation, Your Designs, Experimental Planning Schemes or Analysis Reports and Dashboards at all times also is not guaranteed. In order for Alleviating Science to
improve such accuracy, You are required to inform Alleviating Science about any suspected failure to comply to Your expected standards. You can do so at any time by sending an email to admin@Aexd.net
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13. Proprietary rights notice
All of the text, images, marks, logo-marks, and other content on Aexd.net (“Site Content”) are proprietary to Alleviating Science or used consistent with the owner’s permission or applicable law or regulation. The Service, which includes but is not limited to Documentation, the storage of data provided by You, the Processing Software and the FrontEnd Software and all intellectual property rights in the Service, are and shall remain the property of Alleviating Science, wherever Alleviating Science already rightfully possesses such rights. All rights in and to the Processing Software and the Front End Software not expressly granted to You in this Agreement are hereby expressly reserved and retained by Alleviating Science and its licensors without restriction, including, but not limited to, Alleviating Science’s right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to):
i. sublicense, distribute, or use the Service outside of the scope of the License granted herein;
ii. copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or the Front End Software or otherwise attempt to discover any source code or trade secrets related to the Service;
iii. use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Alleviating Science;
iv. register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Alleviating Science (or its affiliates);
v. remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
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14. Term and termination
Either party to the Agreement may terminate it at any time and for any reason. Upon any termination or expiration of this Agreement, Alleviating Science will cease providing the Service to You, and You will delete all copies of any Alleviating Science Front-End Software code, including code stored in Your browser’s cache, as well as any copies of any Documentation, Experimental Planning Scheme and/or Analysis Report and Dashboards including, but not limited to, analytical data, figures or other information therein. You will certify thereto in writing to Alleviating Science within five (5) business days of such termination. In the event of any termination
i. You will not be entitled to any refunds of any usage fees or any other fees;
ii. any (a) outstanding balance for Service rendered through the date of termination, and (b) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full;
iii. all of Your historical Designs will no longer be available to You unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination with the consent and approval of Alleviating Science, in writing and signed by a duly authorized representative of Alleviating Science.
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15. Modifications to Terms of Service and other policies
Alleviating Science reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, including but not limited to the Privacy Policy, at any time, by posting the new agreement to the site located at Aexd.net/terms_of_service, Aexd.net/privacy_policy or such other URL as Alleviating Science may provide. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless either:
i. in writing and signed by a duly authorized representative of Alleviating Science;
ii. You accept updated terms online;
iii. You continue to use the Service after Alleviating has posted updates to the Agreement or to any policy governing the Service, even fifteen (15) calendar days or more after such posting.
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16. Miscellaneous; applicable law and venue
Alleviating Science shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment
agreed upon by the parties in writing) represents the complete agreement between the parties concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the Kingdom of the Netherlands without reference to its conflict of law principles. Dutch law, rules and regulations shall prevail and govern in the event of any conflicts between foreign law, rules, and regulations, and Dutch law, rules, and regulations. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Maastricht, the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by Dutch Export Regulations, and it may not be exported to or used by embargoed countries or individuals. Any notices to Alleviating Science must be sent to: Alleviating Science, World Trade Center Heerlen Aachen, Vogt 21, 6422 RK Heerlen, the Netherlands, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without Alleviating Science’s prior written consent, and any such attempt is void. The relationship between Alleviating Science and You is not one of a legal partnership relationship, but is one of independent contractors. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
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This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The following sections of this Agreement will survive any termination thereof: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, and 16.
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Contact Information
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