In order to use “Labtracker”, you must first accept the following agreements. Please read them carefully.
These terms and conditions apply to your use of Labtracker. By using Labtracker you acknowledge that you have read and understood these terms and conditions and that you agree to be bound by them. You will only use Labtracker as set out in these terms and conditions.
Labtracker is conceived and developed by Steven J.R. Meex, Ph.D., clinical chemist at Maastricht University Medical Center, Maastricht, The Netherlands, Judith Hilderink, MD at Maastricht University Medical Center, Maastricht, The Netherlands, Marja P. van Dieijen, Ph.D., Professor of clinical chemistry at Maastricht University Medical Center, Maastricht, The Netherlands, Roger J.M.W. Rennenberg, MD, Ph.D., internist at Maastricht University Medical Center, Maastricht, The Netherlands, and Richard P. Koopmans, Professor of internal medicine at Maastricht University Medical Center, Maastricht, The Netherlands. In these terms and conditions, "we", "us" and "our" refer to the developers of Labtracker.
Licence. As between you and us, we own Labtracker. Subject to your acceptance of and compliance with these terms and conditions, we grant you a limited, non-exclusive, non-transferable licence to install and use Labtracker for your personal, non-commercial, educational purposes. You do not acquire any ownership rights to Labtracker or any of its contents by installing or using Labtracker.
Copyright. Labtracker, its content, design, information, images, artwork, text, video, audio, pictures, logo’s and other materials incorporated into Labtracker are protected by copyright and other proprietary rights.
Trade-marks. We own “Labtracker”, our name and logos. You are not authorized to use any such trade-marks or trade names without our prior written consent.
Labtracker is an academic tool intended and designed only for educational and demonstrational use, and not for any human clinical use. Labtracker is not a substitute for clinical judgement. You should not use Labtracker to diagnose, monitor, treat or prescribe any medication or treatment for yourself or another human patient.
You assume full responsibility for ensuring the appropriateness of any use of Labtracker, and you acknowledge that we do not accept any responsibility for any decisions you may make based on Labtracker.
You assume all risks associated with the selection and use of Labtracker, and you acknowledge that we will not be responsible for any errors, omissions, inaccuracies in or regarding Labtracker, or any delays or interruptions in the use or availability of Labtracker.
You acknowledge and agree that we make no, and that we expressly disclaim to the extent permitted by applicable law all, express or implied representations or warranties about Labtracker, including: (i) any warranties of merchantability or fitness of Labtracker for a particular purpose, (ii) that your possession and use of Labtracker will not infringe any third-party intellectual property or proprietary rights, (iii) that Labtracker’s functioning or contents will be uninterrupted or error-free, (iv) that defects in Labtracker will be corrected, or (v) that Labtracker is free of viruses or other harmful content.
You release us and our officers, directors, employees and agents from all claims, actions, liabilities and damages relating to any risks described in these terms and conditions.
Neither we nor our officers, directors, employees, agents, will be liable to you or any other person or entity for any liability, loss or damage caused or allegedly caused, directly or indirectly, by the use of Labtracker, including (i) your use of or reliance on any information or other content contained in Labtracker, or (ii) any inaccuracy or omission in any information contained in Labtracker.
In addition to, and without limiting, the previous paragraph, neither we nor our officers, directors, employees or agents will be liable to you or any other person for any tort, personal injury or death, medical malpractice, misdiagnosis, product liability, loss of profits or data, business interruption, or for any special, indirect, consequential, incidental, exemplary or punitive damages arising out of or related to the use or inability to use Labtracker, even if we have been advised of the possibility of such damages.
You will defend, indemnify and hold us and our officers, directors, employees and agents harmless against any third-party claims and associated costs and expenses (including actual legal fees and expenses) arising out of your use of Labtracker. Without limitation, this indemnity includes any third-party claims for any of the liabilities identified in the two preceding paragraphs.
In jurisdictions that do not permit the exclusion or limitation of certain liabilities, our liability will be limited to the fullest extent permitted by law.
Updates. Labtracker and its content is provided "as is" and "as available". We have no obligation to supplement, revise or update Labtracker or any of Labtracker's contents.
Prohibitions. You will not copy, modify, or transfer Labtracker content, or any copy thereof, in whole or in part. You will not reverse engineer, disassemble, decompile, or translate Labtracker’s content, or otherwise attempt to derive the source code of Labtracker, or authorize any third party to do any of the foregoing. You will not develop, sell or distribute applications that are capable of launching, being launched from, or are otherwise integrated with Labtracker. You will not rent, lease, loan, resell, distribute, sublicense or use in a time-sharing arrangement Labtracker’s content, or any part thereof.
Jurisdiction. This Agreement and the legal relations between the parties arising hereunder shall be governed by and interpreted in accordance with the laws of The Netherlands exclusively, as such laws apply to contracts between Dutch residents performed entirely within The Netherlands. The Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in The Netherlands, by a single arbitrator. The arbitrator shall be empowered to award only those damages which are permitted in this Agreement, subject to any disclaimers of damages and liability limits set forth herein. The award rendered by the arbitrator shall include costs of the arbitration and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction. Nothing in this Agreement shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction, in order to protect that party’s name or proprietary rights. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Dutch law.
General. If any part of these terms and conditions is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining terms and conditions.