LICENSE AGREEMENT TERMS AND CONDITIONS
In order to use Chroma you must read, understand and agree to Chroma Agreement. This agreement contains important terms and conditions that may affect your legal rights and responsibilities. Please read the current version of this agreement included below.
This agreement covers SAAS customers only. Customers who wish to obtain/Convert to Chroma Private Servers will be covered by, and will have to sign, a separate agreement.
1. Description of Service. Chroma is a LIMS - Laboratory Information Management System. It provides users the capacity to process information about Samples under examination using electronic and computing tools. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service. We also reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. Content of the Service. We take no responsibility for disruptions, damage, loss of Data or loss of Data integrity due to third party content (including, without limitation, any viruses or other disabling features), We do not in any case undertake or have any obligation to monitor such third party content.
3. Refunds. Refunds can only be processed if the payer has not used Chroma to receive Samples in any instance.
4. Intellectual Property Rights. You acknowledge that the Service Provider owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. Accordingly, you agree that you will not copy, reproduce, alter, reverse-engineer, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor, or copy any content from the Service.
5. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to the Service Provider to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement on behalf of your affiliated Manufacturing concern, Laboratory, Academic Institution, Research entity or any other related concern as the case may be and to perform the acts required of you hereunder.
6. Account Inactivity. After a period of inactivity, The Service Provider reserves the right to disable or terminate a user's Account. If an Account has been deactivated for inactivity, reactivation of such an Account will be subject to the Service Provider's exclusive discretion. Under no circumstances will the Service Provider be obligated to reactivate.
7. Termination of Account. In the event of the user's willful Termination of their Account, the Service provider will not be obligated to refund the remainder of the user's prepaid duration of use.
8. Indemnification. You agree to hold harmless and indemnify ENDURANCE INFORMATICS, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
9. Modification. We reserve the right to, at our sole discretion, modify the terms of this agreement at any time with or without notification to you. This includes all conditions and policies stated therein. Although we may attempt to notify you via the email address you provide upon registration as a user of the service, it is your responsibility to ensure that you visit this page regularly to avail yourself of information about any changes made. You agree to be bound by such modifications or revisions. And that at any time you do not accept and abide by this agreement, you will terminate the service with immediate effect.
10. Trial Version. You may use the Trial version of the application to test and evaluate it for a limited period; on or before expiration of the Trial period you must either pay a subscription fee to continue to use the product or effectively cancel your subscription and discontinue use of the application.