Eratos Research Use License

Research Use License

You are free to:

Use: experiment, share, and collaborate for the sole purpose of research use
Adapt: integrate, or build upon the Product

Under the following terms:

Ownership: You do not own the Product. It is licensed, not sold, to you

Attribution: You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so reasonably but not in any way that suggests the licensor endorses you or your use.

Non-Commercial: You may not use the Product for commercial purposes.

Warranties: The Licensor disclaims any warranties regarding the Product, and you indemnify the Licensor against any liabilities arising from the use of the Product.

Copying or Modifying: You must not copy, modify, or reverse engineer the Product or its Source Code.

Transfer: You must not sell or transfer the Product to third parties, except to bona fide research collaborators. Your license is personal and cannot be transferred to others outside the research team.

Here is the complete Research Use License Agreement:

This Research Use License Agreement (“Agreement”) is a binding contract between you (“End User” or “you”), the Product owner (“Owner,” “we,” “us,” or “our”) and Eratos (Aust) Pty Ltd (“Eratos”). This Agreement governs your research use of the Owner’s Intellectual Property (including data, models, applications and all related documentation) (the “Product”) provided by us via your Eratos subscription. The Product is licensed, not sold, to you.

By clicking the “Request” button, you (a) acknowledge that you have read and understood this Agreement; (b) agree to use the Product solely for research purposes; and (c) accept this Agreement and agree to be legally bound by its terms. If you disagree with these terms, do not use the Product and delete it from your Eratos account.

License Grant
1.1 Subject to the terms of this Agreement, we grant you and your research team a limited, non-exclusive, and non-transferable license (the “License”) to:
1.1.1 use the Product for non-commercial research use on your or your organization’s mobile, tablet device, or computer owned or controlled by you or your organization (“Device”); and
1.1.2 access, stream, download, and use data from the product on such Device, in accordance with this Agreement.
Payment and Research Term
2.1 The License for the Product will commence once you have been granted access to the Product and once you have paid the applicable fee (if any) (“Fee”); or
2.2 if no Fee is payable, once you start using the Product.
2.3 If a Fee is payable, you will be charged by Eratos in accordance with your End User License agreement with them. Failure to pay may result in immediate termination of this Agreement as outlined in clause 10.
2.4 The License to use the Product will continue until the earlier of:
2.4.1 publication of the outcome of your research; or
2.4.2 completion of the relevant trial (the “Research Period”).
2.5 The License will automatically terminate at the end of the Research Period unless terminated earlier as described in clause 10.
Use of the Product
3.1 You use the Product at your own risk and accept full responsibility for its use.
3.2 The Product and its contents are licensed for research purposes only and should not be seen as a substitute for independent expert advice or recommendations for either yourself or anyone else involved in the research. We do not guarantee any specific outcomes or results.
License Restrictions
4.1 Following payment of the Fee (if applicable), you shall not, without our prior written consent:
4.1.1 copy or reproduce the Product;
4.1.2 modify, translate, adapt, or create derivative works of the Product;
4.1.3 reverse engineer, disassemble, or decompile the Product;
4.1.4 remove or alter any intellectual property notices;
4.1.5 rent, lease, sell, sublicense, assign, or distribute the Product;
4.1.6 disable or circumvent any copy protection or security features.
4.2 The License is personal to you and cannot be transferred, except to a member of your research team.
Publication
5.1 To facilitate collaborative research, the Owner will designate representatives to liaise with you. You agree to meet regularly with these representatives and update them on research progress.
5.2 If you wish to publish any research results or information related to the Product, you must provide us with copies of any intended publication or disclosure at least 20 business days before submission. We will respond within 10 business days with any necessary amendments to protect our confidential information.
5.3 You must incorporate any required changes as specified by us.
5.4 Any publication of research results must acknowledge the Owner as the source of the Product.
Collection and Use of Information
You acknowledge that we may collect information about your Device and use of the Product through automatic means, including cookies. You may also need to provide certain personal information. All collected information is subject to the Eratos Privacy Policy available at https://www.eratos.com/privacy-policy. By using the Product, you consent to our handling of your information in accordance with this policy.
Intellectual Property Rights
7.1 Ownership of all Intellectual Property Rights in the Product remains with us. You do not acquire any rights beyond those explicitly granted in this Agreement.
Updates
8.1 We may provide updates to the Product, including bug fixes and new features. Updates may automatically download and install, or you may be prompted to do so.
8.2 You agree to promptly install all Updates. The Product or parts thereof may not function properly if you fail to do so, and we will not be liable for any issues resulting from your failure to update.
Third-Party Materials
The Product may include third-party content or links to third-party sites. We are not responsible for the accuracy or legality of such content and disclaim any liability related to third-party materials.
Term and Termination
10.1 This Agreement commences when accepted and continues for the Research Period or until terminated as described below.
10.2 This Agreement will terminate immediately if you breach its terms, including failure to pay any applicable Fee.
10.3 You may terminate this Agreement by notifying us during the Research Period. No refunds will be provided for any Fees paid.
10.4 Upon termination, all rights granted under this Agreement will end.
10.5 Termination does not affect any of our legal rights or remedies.
Quality
11.1 The Product is provided “as is” without any warranties. To the maximum extent permitted by law, we exclude all implied warranties.
11.2 We disclaim all warranties related to the Product, including merchantability, fitness for a particular purpose, and non-infringement.
Faults
12.1 If you encounter faults, contact Eratos Support. We may repair, provide a Fee reduction, or offer a refund, depending on the nature of the fault.
12.2 To minimize faults, you must install updates and use compatible software and equipment.
Limitation of Liability
We are not liable for any losses arising from your use of the Product, except as required by law.
Indemnification
You agree to indemnify us against any losses or claims arising from your misuse of the Product or breach of this Agreement.
Changes to Terms
15.1 We may change these terms to reflect legal, operational, or feature changes.
15.2 You will be notified of changes at least 30 days in advance.
15.3 If you do not accept the changes, you may not continue using the Product.
Severability
If any provision is illegal or unenforceable, it will be amended to achieve its original purpose as closely as possible. All other provisions will remain in effect.
Governing Law
This Agreement is governed by the laws of Victoria, Australia, and any disputes will be resolved under these laws.
Entire Agreement
This Agreement and our Privacy Policy constitute the entire agreement between us regarding the Product and supersede all prior agreements.
Waiver
No waiver of any right or remedy under this Agreement shall be effective unless it is in writing and signed by the party granting the waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision, nor shall it affect the validity of this Agreement or the right of either party to enforce each and every provision.