NRGene Website Terms & Conditions
Last modified: May 2022
1. Purpose. These Conditions are entered into for the purpose of enabling You to access and use NRGene’s offerings via NRGene’s Website (the “Purpose”). In no event shall You make use, or allow others to make use, of the Website or the Services, to support production or other decisions, or in environments where failure may lead to bodily harm, loss of data or damage to property. These Conditions do not obligate You to purchase, or NRGene to sell, any products or services whatsoever, irrespective of the results of Your use of the Website and\or the Services.
2. Restrictions. You shall use the Website, the Services and any services, products, documents, materials and information provided by NRGene only for the Purpose and shall not allow others to make any use thereof. With respect to the Website and Services, You shall not, nor shall You allow others to, distribute, transfer, or export, make copies, modify, reverse-engineer, attempt to disable, limit or circumvent any security or activation or de-activation features, decrypt, decompile, disassemble or otherwise attempt to derive source code, adapt, translate, or create derivative works, to extract portions of files for use in other applications, make use for any illegal or immoral purpose or in violation of any third-party rights, or remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices.
3. Intellectual Property Rights; Feedback. All rights, title and interest, including intellectual property rights, in and to the Website, Services and any other NRGene technology and/or DeNovoMAGIC™ and/or GenoMAGIC™ and/or PanMagic™, and/or TraitMagic™, and/or SNPer™ and/or QuickGenetics™, and/or CannaGene™ and/or CannScan™ and/or any other software or means used by NRGene on the Website, including (without limitation) any enhancements, improvements or additions thereto (whether patentable or not) by whomever produced, and any techniques, methodologies, assay systems, tests, algorithms, knowhow, NRGene’s proprietary databases, and computer software, that may be used or developed in the course and/or as a result of the use of the Website and/or the Services provided by NRGene, shall be owned solely by NRGene, and You receive no rights thereto except the limited, revocable, non-sublicensable, non-exclusive right to use the Services for the Purpose. You shall use reasonable efforts to communicate to NRGene the results of its evaluation, and shall report via the feedback section on the Website and\or the Services. Any comments, recommendations, observations, or other feedback (collectively, “Feedback”) by You on NRGene’s Website, the Website, products, services, or other property will belong solely to NRGene and NRGene will be free to use, disclose, incorporate to its products and services, reproduce, license or otherwise distribute and exploit the Feedback as it sees fit, without obligation to pay royalties or other consideration therefor and without restriction of any kind on account of intellectual property rights or otherwise.
4. Updates to these Conditions. We reserve the right to change these Conditions at any time. The most current version will always be posted on our Website. You are advised to check for updates regularly. By continuing to access or use our Website and\or Services after any revisions become effective, you agree to be bound by the updated Conditions.
5. Exclusion of Warranties. THE WEBSITE, THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. NRGENE MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF AVAILABILITY, MERCHANTABILITY, SUPPORT, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DICSCLAIMED.
6. NRGene is a Public Company. You acknowledge that NRGene is a publicly listed company and we report and share data if we believe that we are required to do so by law. Furthermore, we need to disclose data in response to lawful requests by public authorities, including, without limitation, to meet national security or law enforcement requirements. You further acknowledge that NRGene may need to disclose certain information to the authorities and\or the public, per applicable law.
7. Forward-Looking Statements. Our Website contains ‘forward-looking statements’ such as statements regarding future developments and\or product and services performance, possible financial implications etc. These statements are made as based on our then applicable expectations and as based on the information available to us in such time. Results, as such, may vary and are dependent on various commercial, regulatory and technological circumstances. NRGene explicitly disclaims any reliance on such ‘forward looking statements’, and does not obligate to update them or any revolving factors thereof.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NRGENE OR ANY REPRESENTATIVE THEREOF BE LIABLE IN CONNECTION WITH THESE CONDITIONS TOWARDS ANY PARTY FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOSS OF SYSTEM AVAILABILITY, LOSS OF COMPUTER RUN TIME, LOST PROFITS, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF NRGENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK GIVEN THE CIRCUMSTANCES OF THESE CONDITIONS. YOU AGREE THAT ITS INSURANCES, WITHOUT SUBROGATION AGAINST NRGENE OR ITS REPRESENTATIVES, ARE ITS SOLE RECOURSE HEREUNDER. ANY CLAIM AGAINST NRGENE MUST BE MADE WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION AROSE.
9. Remedies. Each party agrees that the obligations provided herein are necessary and reasonable in order to protect other party and its business, and each party expressly agrees that monetary damages would be inadequate to compensate the other party for any breach of covenants and Conditions set forth herein. Accordingly, each party agrees and acknowledges that any such violation or threatened violation by it will cause irreparable injury to the other party and that, without prejudice to any other remedies that may be available, in law, in equity or otherwise, the other party will be entitled to obtain injunctive relief against the breach or threatened breach of these Conditions or the continuation of any such breach by it without bond in any court having jurisdiction.
10. Miscellaneous. You may not assign or sublicense or otherwise transfer the rights or licenses granted hereunder, by Conditions or by operation of law, without the prior written consent of NRGene. These Conditions are the entire Conditions between the parties relating to the subject matter hereof and may only be modified in a written instrument signed by both parties. If any provision or clause of these Conditions are held by a competent court as invalid or unenforceable, the remainder of these Conditions will continue in full force and effect and such invalid or unenforceable clause will be interpreted in a manner that is closest to the parties’ original intention while being valid and enforceable. Notices will be given in writing. These Conditions are governed by the laws of the State of Israel without reference to conflicts of law principles. Subject to section 8, any dispute arising out of these Conditions shall be brought exclusively in the courts located in Tel Aviv-Yafo, Israel. The United Nations Convention on Contracts for the International Sale of Goods does not apply.