Terms of Use: Plain English Summary
We realise that our customers are scientists, not lawyers. So although we have written the legal text as simply as possible, we recognise that it may still be difficult to fully understand. Consequently, we have developed the following summary, to ensure that all customers are as well-informed as possible before making a purchase.
The following are the key provisions of the End User License Agreement. Note that this is not a comprehensive list, and that customers are advised to also read the legal text, in order to be fully informed. In the event of any discrepancy, the legal text (shown below this Summary) shall take precedent.
- Programs may be used by all Formal Members of your Research Group. For the case of academia, we realise that research groups vary in size. So rather than specifying a number of installations, each program is licensed for use by all “Formal Members” of your research group. This term refers to all members whose employment contract or formal academic supervision agreement lists the purchaser of the program as their supervisor. It does not extend to people who informally work with your group. For all other organisations, we realise that organisational structures may be more complex. So in this case each program is licensed for use by a maximum of 10 users within the organisation.
- Programs may be included in Supplementary Information sections. We understand the importance of reproducibility and transparency in science. Consequently, reviewers and other scientists may wish to run the programs and inspect the underlying code to see exactly what calculations are performed. To facilitate this, the End User License Agreement permits programs to be shared in the SI of both peer reviewed journal articles, and manuscripts submitted to journals for review.
- We do not guarantee technical support. We will endeavour to respond to any questions as quickly as possible. However, we do not make a guarantee that we will always be able to respond, or that we will do so within any specific timeframe. This is because putting the resources in place to uphold such a guarantee would dramatically increase our expenses, and hence the cost of our programs. This would be contrary to our goal, which is to make our programs affordable to as many scientists as possible. Additionally, due to the inclusion of instructions and demonstration videos, we have found that support requests to be very rare.
- We do not generally permit refunds. Because our programs may be copied, permitting refunds would expose us to a high level of risk. Consequently we encourage all customers to carefully watch the demonstration videos and read the detailed descriptions before making any purchases. If you are unsure, we are happy to answer questions or test programs if you send us a data file. That being said, we will consider any refund requests on a case-by-case basis.
- We use Paddle to process payments. In order to ensure that all tax and legal requirements are met, we utilise a “merchant of record” service provided by a company named Paddle. This company specialises in handling tax and other reporting requirements for e-commerce businesses. For this reason, your payment details will be shared with Paddle, when you enter them into the Paddle Secure Payment Gateway. Additionally, your receipt and bank records will make reference to Paddle in addition to SciResa.
- Prices are displayed exclusive of tax. We are legally required to comply with the tax codes of the jurisdictions in which our customers are located. This includes charging Value Added Tax (VAT), which will be calculated by Paddle after you specify your location. However, businesses and universities are exempt from VAT in most jurisdictions, under a provision known as the “reverse charge mechanism”. Consequently, entering your tax registration number when prompted by the Paddle interface will result in the removal of this tax.
Terms of Use: Legal Text
These are the terms and conditions subject to which we license any of our products to you. By using a Licensed Product, you agree to be bound by them. You may not use Our Website if you are under the age of 18 years.
We are: SciResa, a business registered in Australia, with ABN 70 730 224 708.
You are: Anyone who Purchases a Licence or Licensed Product from us.
It is now agreed as follows:
1. Definitions
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
“Article” means an article that is published in a peer-reviewed academic journal.“Computer” includes any work station, electronic application or receiving device.
“Copy or Publish”with reference to a Licensed Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work.
“Formal Member” means an employee or student whose employment contract or formal academic supervision agreement lists the manager/leader of the Research Group as their immediate manager/supervisor.
“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country,including all Licensed Products, intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Licence” means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.
“Licensed Product” means any product, material or thing offered for license by us on Our Website, including the Software, and whether or not bought by you. A reference to “Product” shall be a reference to all or part of a Licensed Product or to a Product changed by you in any way.
“Manuscript” means a document that is submitted to the reviewers of a peer-reviewed academic journal, for consideration for publication.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
“Purchase” with reference to paid Products, means to buy the product from Our Website. With reference to free Products, means to register an account on Our Website and download the Product.
“Restrictions on Use” means first, the restrictions set out in this agreement and second, all restrictions or limitations arising from choices you made at the time of purchase. These may relate to limitations on use, territory, duration, or any other choice which defines the Licensed Product. Third, restrictions include those made by you, if any, in private correspondence between us before your Purchase.
“Research Group” means the division of the organisation of which the person who Purchases the Licensed Product is a member. If the organisation is a university, this refers to the group of people who directly report to the same faculty member. For all other organisations this refers to a maximum of any 10 people within the organisation.
“Software” means the software which constitutes the Licensed Product or which provides any electronic function which supports the use of the Licensed Product.
“Supplementary Materials” means the files that may be submitted to a peer-reviewed academic journal to accompany a published Article.
2. Grant of Licence
2.1. Subject to payment of the licence fee and to the other terms of this agreement, we grant to you a perpetual Licence to use the Licensed Product throughout the World.
2.2. The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.
2.3. This Licence is limited by the Restrictions on Use and by the choices you have made at the time of Purchase of your Licence. You agree to comply with all Restrictions on Use.
2.4. No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.
3. Restrictions on Use of Licensed Product
You agree that you will not:
3.1. separate the component parts of the Software for use on Computers belonging to anyone other than Formal Members of the Research Group;
3.2. sub-license, lease, or lend the Software or the Licensed Product;
3.3. Copy or Publish a Licensed Product except as specifically allowed in this agreement;
3.4. represent or give the impression that you are the owner or originator of any Licensed Product;
3.5. remove the legal notice which appears in each Licensed Product, or any reference to it. This notice is a passage of text describing several provisions of this agreement.
4. Further requirements of the Licence
4.1. You must not use a Licensed Product:
in part or as a whole, to incorporate it in any intellectual property of yours, with the exception that copies may be included Supplementary Materials with Articles and Manuscripts;
4.2. If any information you give us is inaccurate, we may terminate your Licence and no refund of money will be due to you.
5. Copying the Licensed Product
5.1. The Software may be installed and used only on the Computers of:
5.1.1 the Formal Members of your Research Group, and;
5.1.2 any other person provided they use it only to verify results produced by the Software that appears in an Article or a Manuscript.
5.2. Each Formal Member of your Research Group may make additional copies of the Software.
5.3. Each Formal Member of your Research Group may modify the Software.
5.4. If a Formal Member leaves your Research Group they must either delete the Software or Purchase a license.
5.5. You may modify the Software, provided you do not permit further distribution of the modified or unmodified Software.
6.Freedom to transfer
You may not assign, delegate, sub-contract, mortgage, charge or otherwise transfer any of your rights and obligations under this agreement without our prior written consent, except that:
you may assign and transfer all your rights and obligations under this agreement to any person to which you transfer all of your business, provided that the assignee undertakes in writing to us to be bound by your obligations under this agreement.
7.Security of your credit card
We take care to make Our Website safe for you to use.
We use Secure Sockets Layer (SSL) certificates to verify your identity, your browser and to encrypt any data you give us when you buy. This includes financial information such as credit or debit card numbers. Our SSL certificate encryption level is 256-bit. Whenever we ask for financial information, you can check that SSL is being used by looking for a closed padlock symbol or other trust mark in your browser URL bar or toolbar.
8. Disclaimers and limitation of liability
8.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
8.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
8.3. We make no warranty that the Licensed Product will be:
8.3.1 useful to you;
8.3.2 of satisfactory quality;
8.3.3 fit for a particular purpose;
8.3.4 data-secure;
8.3.5 available or accessible, without interruption, or without error.
8.4. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
8.5. you agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Licensed Products concerned.
8.6. We shall not be liable to you for any loss or expense which is:
8.6.1 indirect or consequential loss; or
8.6.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
8.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
8.8. If you become aware of any breach of any term of this agreement by any person, please tell us by emailing us at contact@SciResa.com.We welcome your input but do not guarantee to agree with your judgement.
8.9. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
9. U.S. Government end users
“Programs from SciResa” are “commercial items” as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users buy a licence to use Licensed Products and any related documentation or service with only those rights set out in this Licence.
10. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
10.1. your failure to comply with the law of any country;
10.2. your breach of this agreement;
10.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
10.4. a contractual claim or breach of the intellectual property rights of any person arising from your use of the Licensed Products
11. Copyright and other Intellectual Property
11.1. You agree that at all times you will:
11.1.1 not cause or permit anything which may damage or endanger our title to any Licensed Product or other Intellectual Property or the title of any other person whose work has been made available to us as a Licensed Product;
11.1.2 notify us of any suspected infringement of the Intellectual Property.
11.2. If you use a Licensed Product in a way not allowed by this agreement we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.
11.3. If we terminate the Licence on account of your breach, you agree that you will:
11.3.1 immediately stop using the Licensed Product;
11.3.2 destroy all copies of the Licensed Product in your possession or control;
11.3.3 destroy any work of yours derived from a Licensed Product.
11.4. If we reasonably believe that you are using a Licensed Product beyond the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us.
12. Miscellaneous matters
12.1. Our privacy policy is strong and precise. It complies fully with the current privacy law which is at /privacy-policy/
12.2. You undertake to provide to us with all information that we may require to enable us to fulfil our obligations under this contract.
12.3. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
12.4. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12.5. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
12.6. Any obligation in this agreement intended to continue to have effect after termination shall so continue.
12.7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
12.8. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
12.9. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
12.10. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
12.11. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
12.12. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
12.13. The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales and you agree that any dispute arising from it shall be litigated only in that State.