8.1 Rights to Offerings
For any Offering consisting of Software or a Cloud Service that Bionicore makes available or provides to You,
and subject to compliance with these Terms and all payment obligations, including any taxes and other fees,
Bionicore grants to You a non-exclusive right to use the Offering (and permit Your Authorized Users to use the Offering)
solely (a) during the Offering Term, (b) in accordance with any applicable Special Terms, and (c) within the scope of Your subscription,
including the permitted number, Offering Type, Territory and other attributes specified for the type and level that You selected when subscribing
for the Offering. If Your Offering Identification does not specify those attributes, the Offering will have the attributes of a Trial Version.
Any Trial Version Offering is valid for a limited time window, and it is strictly Personal, so not transferrable to Third Parties.
Except as expressly authorized by these Terms, or as otherwise expressly permitted in writing by Bionicore, You will not:
(i) reproduce, modify, adapt, translate, port, or create derivative works of all or any portion of any Offering,
except as expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary,
or (ii) sublicense, transfer, distribute, transmit, sell, lease, rent, loan, or otherwise make available all or any portion or functionality
of any Offering to a third party (whether on a service bureau basis or otherwise).
Any Software (including any Update or Upgrade) that Bionicore makes available or delivers to You within the brand name PSC-SOTA DIGEST EDITION
is licensed for a limited subscription period, not sold. Any sale of software is covered by Special Offerings are relative Terms & Conditions,
which are separated from those relative to the PSC-SOTA DIGEST EDITION Subscription.
8.2 Access to Software and Cloud Services
Subject to compliance with these Terms, Bionicore will, during the Offering Term, make Offerings available to You through Your account
or other electronic means. Bionicore will not be liable for any losses or other liability incurred by You or others due to sending
Your account information to an incorrect address. You may be required to log into Your account or provide Bionicore additional information to activate,
access, or use an Offering. Some Offerings may cause Your Internet Browser to update itself via the internet (intermittently or on a regular basis)—
for example, to validate the proper use of Your subscription, provide You with access to services (including third-party services), or download and
install Updates or Upgrades, all without further notice to You.
You and Your Authorized Users agree to such connection and to validation of Your subscription and to the automatic downloading and installation
of Updates and Upgrades. You may not be able to adjust Your Update or Upgrade settings for certain Offerings, including those for which automatic
Updates or Upgrades are required for operation or security of the Offering.
During the Offering Term, Bionicore may make available or deliver Updates or Upgrades to Software. You will promptly install any mandatory Updates.
8.3 Bionicore APIs
In connection with an Offering, you may have access to standard application programming interfaces, software development kits, tools, libraries,
scripts, sample source code and similar developer material (collectively, “APIs”). Bionicore may monitor Your usage of the APIs to verify
compliance with these Terms. Unless otherwise specified in the applicable Special Terms (including Documentation),
You may use the APIs only (a) for the Offering for which you have a subscription and/or for which the APIs are provided, (b) during the Offering Term,
(c) in accordance with the Special Terms (including Documentation) specific to the APIs, and (d) to develop applications, services, modules,
or components solely for Your internal business use. Your use of the APIs for any other purposes, including Your development of commercial software
products or services, requires a separate developer license and is only permitted under the Bionicore Platform Services Terms via one of the Access Options
described in Offerings. APIs may not be available in certain geographical areas or languages.
8.4 Use of Third-Party Material and Services
Bionicore may provide You with content, designs, models, data sets, project information, documents, libraries, audio, links, data, applications
and other software, services, or other material of a third party (collectively, “Third-Party Material/Services”) in connection with Offerings.
Any Third-Party Material/Services may be governed by different terms found in or with such Third-Party Material/Services (for example, in the “About Box,”
a .txt file, or accompanying license terms), on a registration page of a third party, or in the Special Terms (including Documentation) for the Offering
for which the Third-Party Materials/Services are provided (collectively, “Third-Party Terms”). If there are no Third-Party Terms, Your use will be (a) subject
to the same terms as the Offering for which You received the Third-Party Material/Services, (b) solely in connection with Your use of such Offering, and (c)
limited to the Offering Term. You take sole responsibility for determining, obtaining and complying with all Third-Party Terms.
Bionicore will have no responsibility for, and makes no representations or warranties regarding, (i) any Third-Party Material/Services or Your use of Third-Party
Material/Services, and (ii) any Third-Party Terms or Your compliance with such Third-Party Terms.
9. Trial Versions
Bionicore may make available or deliver Offerings (or features of an Offering) described as “not for resale,” “free,” “evaluation,” “trial,” “pre-release,”
“beta,” or another similar designation (collectively, “Trial Versions”). Except as expressly set forth in the Documentation for the
Trial Version or applicable Special Terms, (a) you may access or use the Trial Version only for a period of 3 or more days, as specified by the trial Offering
received from us via email, you have no right to claim or pretend any extension of the trial period unless this is deemed acceptable and opportune from Bionicore,
(b) Your use will be limited to non-commercial evaluation purposes, (c) the use of a Trial Version will be only by You as an individual or, if You are an entity,
by one named employee, and (d) the Trial Version may only be used within the Territory where You acquired the Offering. Notwithstanding any other provisions in
these Terms, (i) Bionicore makes no commitments with respect to Trial Versions, including any commitment to continue any Trial Version or to convert any Trial Version
into an Offering; (ii) Bionicore constantly conducts research to improve our Offerings and makes no commitment that such research will be commercially released in an
Offering; and (iii) Trial Versions may contain code that is not fully tested, including errors. Trial Versions do not include subscription Benefits, and Bionicore
reserves the right, without any further notice, to end any Trial Versions at any time.
10. Feedback
If You provide Bionicore with ideas for improvement, suggestions, or other feedback (collectively, “Feedback”),
You hereby grant to Bionicore a non-exclusive, transferable, irrevocable, worldwide, royalty-free license (with rights to sublicense)
to make, use, sell, offer to sell, reproduce, modify, distribute, make available, publicly display and perform,
disclose and otherwise exploit the Feedback and any Offerings using the Feedback.
11. Limitations on Use
11.1 Offerings are tools, designs, renderings and concepts
The Offerings are are intended only to assist You with Your presentations, design, analysis, simulation, estimation, testing and other activities
and are not a substitute for Your professional judgment or Your own independent design, analysis, simulation, estimation, testing, or other activities,
including, for example, those with respect to product stress, safety and utility. You acknowledge that the Offerings may not have been designed or tested for
Your specific use, and the Offerings and Output may not achieve the results You desire within Your constraints. It is Your responsibility to (a) determine whether
the use of an Offering is appropriate for Your purposes, (b) determine the appropriate use for the Offerings, and (c) select the Offerings and other computer
programs and materials, in each case to help achieve Your intended results or Output. You acknowledge that as between You and Bionicore,
You are solely responsible for (i) Your (including Your Authorized Users’) use of the Offerings and any results produced by the Offerings,
including any Output, and (ii) establishing the adequacy of independent procedures for testing the reliability, safety, accuracy, completeness,
compliance with applicable legal requirements and industry standards, and other characteristics of any Output, including insights, recommendations,
and all items designed with the assistance of the Offerings. Bionicore will not be responsible or liable in any manner whatsoever for the results obtained through
use of the Offerings, including any Output.
11.2 Offerings of PSC-SOTA DIGEST EDITION are Not Designed for Sensitive Personal Data
Should any data storage/exchange functionality associated with Offerings is NOT suitable for the storage of Social Security numbers, credit or debit card numbers,
financial account numbers, driver’s license numbers, medical information, or health insurance information; data about personal characteristics or other personal data,
such as race or ethnic origin, religion or philosophical beliefs, political affiliation or opinions, genetic or biometric data, sexual orientation,
or trade union membership; or other information that may expose, or pose a risk of harm to, an individual if improperly disclosed or used (collectively,
“Sensitive Personal Data”). Except as expressly required by Bionicore (for example, a credit card number used to purchase a subscription),
You will not upload or otherwise make available to Bionicore any Sensitive Personal Data, including any files containing Sensitive Personal Data,
in connection with Your use of any Offering.
11.3 Acceptable Use of Offerings
You will access and use (and permit access to and use of) Offerings only in compliance with the Acceptable Use Policy and all applicable laws.
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