This Agreement between You (You or User) and project GxPCluster (GxPCluster) governs use of GxPCluster digital products whether web-based, mobile device applications or otherwise (GxPCluster Digital Products). GxPCluster owns and/or manages GxPCluster Digital Products, including work that is subject to copyright protection and protected trademarks. Your use of GxPCluster Digital Products signifies your agreement to the following Terms and Conditions. If you do not agree to these Terms and Conditions of Use, you may not access or otherwise use GxPCluster Digital Products.
1. Use Rights
GxPCluster grants to User a non-transferable, non-exclusive right to use GxPCluster Digital Products.
1.2. Scope of Use.
User may use and access GxPCluster Digital Products for personal and professional purposes only. Single-user licenses may not be used by more than one individual. User shall not use GxPCluster Digital Products or any of its information, elements or related facilities for the benefit of third parties in a business enterprise. User shall not use GxPCluster Digital Products or any of its information, elements or related facilities or capabilities to conduct any business or activity or solicit the performance of any activity that is prohibited by, or would violate, any applicable law, rule, regulation, agreement or legal obligation, nor to solicit or encourage others to subscribe to or use information services, facilities, goods or services, competitive with those of GxPCluster. User agrees to comply with all laws, rules, regulations, and duties applicable to his or her use of GxPCluster Digital Products.
User understands that the license granted herein transfers neither title nor rights, except as specified herein, to the User with respect to GxPCluster Digital Products or any information or element of GxPCluster Digital Products.
2.1. Possible Errors.
Regarding GxPCluster Digital Products, GxPCluster and User mutually acknowledge that data entry, communication and storage are subject to human and machine errors, omissions, delays, down time, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage or which may prevent access to GxPCluster Digital Products. Neither party undertakes or accepts any liability whatsoever to the other or to third parties for errors, omissions, delays, interruptions, or losses, unless caused by that party's willful misconduct.
2.2. Responsibility of Practitioner.
Every effort is made to ensure the accuracy of the content of GxPCluster Digital Products. However, the user is advised that this material could include typographical errors and/or technical inaccuracies. Current full prescribing information available in the package insert for each drug should be consulted before prescribing any medicinal product. Application of information contained in GxPCluster Digital Products in a particular situation remains the professional responsibility of the practitioner.
2.3. Limitation of Liability.
User understands and acknowledges that GxPCluster and its editors, analysts, directors, employees, suppliers and authorized agents are not responsible for and shall not be liable for errors or omissions or for any consequences allegedly arising from application of the information in GxPCluster Digital Products, and that GxPCluster makes no warranty, express or implied, with respect to the currency, accuracy, or completeness of the contents of GxPCluster Digital Products.
2.4. Assumption of Risk.
User hereby assumes the risk of and shall indemnify and hold harmless GxPCluster and its editors, directors, employees, suppliers, and authorized agents against any claim, injury, loss, damage or expense (including attorneys' fees), either direct or indirect, incurred, made by or against, or suffered by User in connection with or in any way arising out of the furnishing, performance, access or use of GxPCluster Digital Products.
2.5. Hosted Content.
Content provided to User and hosted by GxPCluster, whether web-based, mobile applications or otherwise, is and remains the responsibility of the User Institution. Such content has not been reviewed and is not endorsed by GxPCluster, its officers and employees, or by the editors of GxPCluster. The views and recommendations contained in user-provided content, including the accuracy thereof, are solely those of the User Institution.
2.6. Monitored Use.
GxPCluster may monitor User's use of GxPCluster Digital Products, and GxPCluster may use for its own internal business purposes any information and materials received from User or collected through User's use of GxPCluster Digital Products.
GxPCluster may change, suspend, or discontinue any aspect of GxPCluster Digital Products at any time, including the availability of any feature, tool or content found in or utilized by GxPCluster Digital Products. User will have access to all parts of GxPCluster Digital Products that GxPCluster makes available for use by users and subscribers.
2.8. Professional Audience.
GxPCluster Digital Products are medical reference tools intended for use by healthcare professionals. GxPCluster Digital Products are not prepared, designed or intended for consumer use.
3. GxPCluster copyrights and trademarks
All screens, including graphics, text elements, and this notice, that are displayed in normal operations of GxPCluster Digital Products are protected under the copyright laws of the Ukraine, EU, USA, and international conventions; all rights under those laws and conventions, including, without limitation, reproduction, derivative works, distribution and display, are reserved by GxPCluster and/or the content owner if other than GxPCluster.
All trademarks, product names, logos directly or incidentally mentioned herein and in GxPCluster Digital Products remain the trademarks of their respective owners.
THE SERVICE AND CONTENT FROM OR THROUGH GXPCLUSTER DIGITAL PRODUCTS ARE PROVIDED AS-IS AND AS AVAILABLE, AND GXPCLUSTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GXPCLUSTER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN GXPCLUSTER DIGITAL PRODUCTS OR ANY MATERIALS OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GXPCLUSTER DIGITAL PRODUCTS OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GXPCLUSTER SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM USE OF GXPCLUSTER DIGITAL PRODUCTS (INCLUDING DATA LOSS, CORRUPTION OR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES, AT THE SITE OR IN THE SERVER THAT MAKES THEM AVAILABLE) REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
User represents and warrants that he/she has obtained all consents and approvals necessary to enter into this Agreement, including, as applicable, any necessary permission of User's employer. User represents and warrants that he or she is at least 18 years of age and has all the necessary power, competence, and authority to enter into this Agreement.
5. General terms
GxPCluster may, in its sole discretion, change, modify, add or remove any portion of this Agreement at any time, and it may discontinue, add to or otherwise modify the service provided under this Agreement. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service at https://antb.gxpcluster.com or upon notification to You by e-mail or other means. You agree to review the Agreement periodically to be aware of any such revisions. If You do not agree with any revision to the Agreement, You may terminate this Agreement at any time by providing GxPCluster with notice by electronic mail using address firstname.lastname@example.org. Notice of your termination will be effective on receipt and processing by GxPCluster. Any fees paid by User if User terminates this Agreement with GxPCluster are nonrefundable. By continuing to use GxPCluster Digital Products after any revision to this Agreement or change in service, You agree to abide by and be bound by any such revisions or changes.
No provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach of the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. The exercise by either party of the rights of termination set forth in this Agreement shall not be deemed to constitute a waiver of any other rights or remedies available to either party for a violation of the terms of this Agreement or under applicable law.
5.3. Binding Effect.
This Agreement shall be binding upon and inure to the benefit of GxPCluster and User and their respective legal representatives, successors, and authorized assigns.
If any provision of this Agreement shall be prohibited or unenforceable by any applicable law, the provision shall be ineffective only to the extent and for the duration of the prohibition or unenforceability, without invalidating any of the remaining provisions.
5.5. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the Ukraine, without regard to its conflict of law principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state court located in Ukraine.
5.6. Entire Agreement.
This Agreement constitutes the entire agreement between GxPCluster and User with respect to the subject matter of this Agreement and supersedes all earlier agreements and understandings, oral and written, between the parties.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS OF USE FOR DIGITAL PRODUCTS AND THAT YOU ACCEPT THE TERMS THEREOF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT BECOME A USER OR SUBSCRIBER AND ACCESS OR OTHERWISE USE GXPCLUSTER DIGITAL PRODUCTS.