GAMIFYING COMPLEX TOPICS

End User License Agreement for the use of ESHIP: Navigating Uncertainty/GRANTED: The Research Grant Game/Pactopolis: Where Smart Negotiations Meet Sustainable Innovation

Academic Research Use

NOTICE: PLEASE READ THIS END USER LICENSE AGREEMENT (“Agreement”) EXPLAINING ADDITIONAL LICENSE TERMS AND LIMITATIONS BEFORE USING THIS PRODUCT. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY CONTACT BIOSYMFONIX TO RETURN THIS PRODUCT AND OBTAIN A REFUND OF THE ORIGINAL PURCHASE ORDER. FOR THE SAKE OF CLARITY, OPENING THE PRODUCT AND USING SAME IS DEEMED AN AGREEMENT TO THE FOLLOWING ADDITIONAL TERMS.

This Agreement constitutes a legally binding agreement between Customer (“Customer” or “you”) of Institution (“Institution”) and Biosymfonix (DK33006039) (“Company”) and regulates the use of the Game (“PRODUCT”) and the associated materials. The “Effective Date” of this Agreement is the date of purchase.

1. Scope of License: Biosymfonix grants you a non-exclusive, and non-transferrable license to use the boardgame, including all content, characters, information, and services contained therein (“PRODUCT”), solely for Research Use. The Customer agrees to not use the PRODUCT beyond this Research Use. The Customer agrees its use of the PRODUCT shall be strictly in accordance with this Agreement.
   
   
2. Academic Research Use: “Research Use” is defined herein as non-commercial research at the Institution. To this end, Biosymfonix welcomes contact with regards to the game usage and will be happy to provide the Customer with informational support to an academic research project that uses the PRODUCT. Biosymfonix does not expect any compensation for such informational support. In case Biosymfonix provides collaborative research design and analytical support, a co-authorship on any resulting publications is expected for the people from Biosymfonix directly involved in providing such support and discussions.
   
   
3. Term: The license term shall commence on the Effective Date and shall be for a period of up to three (3) years (“Term”). Thereafter, this Agreement will be considered terminated as per Section 4.
   
   
4. Termination: At the end of the Term, or in the event that the Customer departs the Institution, this license is deemed terminated immediately, and as such, Biosymfonix requests that the PRODUCT be returned to Biosymfonix and all associated materials be discarded at that time. The PRODUCT will be donated to a deserving institute that does not have the funds to support the purchase of the PRODUCT. In this case both the donating and receiving Institutions will be announced on the Company’s website as per the Company’s CSR initiative. Alternatively, the License can optionally be renewed upon request by the Customer or a new representative of the Institution (at cost and terms to be determined at that time). Biosymfonix will then send renewal invoice to Customer, payment of which is due in accordance with Section 5. Biosymfonix will, upon such renewal, upgrade any supplementary educational materials that have been provided with the PRODUCT.
   
   
5. Payment: For Research use license granted to the PRODUCT, you agree to pay under the terms of Biosymfonix’s invoice, which is incorporated by reference, including applicable renewal license fees (“License Fee”). You agree to pay all reasonable attorney and collection fees arising from efforts to collect any past due amounts from you.
   
   

6. Restrictions On Use: Any use, reproduction or redistribution of the PRODUCT not expressly authorized by this Agreement is expressly prohibited and may result in severe civil and criminal penalties. Customer may not disassemble, reverse engineer, or modify the PRODUCT for any purposes.

7. Transfer Restrictions: You do not have the right to grant sublicenses to any third party. This PRODUCT is licensed only to you and may not be transferred to anyone without the prior written consent of Biosymfonix.

8. Request Conversion to Commercial Use License: If the Customer would like to use the PRODUCT commercially, e.g., beyond the limited Research Use provided for in this license, Biosymfonix is open to negotiate the provision of a separate commercial license for an extra cost, with specific terms depending upon the anticipated Commercial Use. “Commercial Use” is defined herein as any activity (including but not limited to workshops, hackathons, events, consulting) using PRODUCT whereby there is monetary transaction involved.

9. Intellectual Property Ownership: All title, ownership rights, and intellectual property rights in and to the PRODUCT and all copies thereof remain with the Company. Nothing in this Agreement grants or transfers to you any ownership rights in the PRODUCT, including the software and other intellectual property rights related to the PRODUCT. The PRODUCT is protected by the copyright laws of all countries, international copyright treaties and conventions, and other laws. All rights are asserted and reserved. Except as expressly provided in this Agreement, no part of the PRODUCT may be copied, reproduced, modified, created derivative works from, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or otherwise exploited for any commercial purpose whatsoever, without the Company’s express prior written permission.
   
   

10. LIMITATION OF LIABILITY: AS PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS” FOR CUSTOMERS’ USE AND WITHOUT WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE/NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
    
    
11. Rights and Duties Upon Termination: This Agreement will terminate automatically without notice from Biosymfonix if you fail to comply with any provision of this Agreement. Upon termination of this Agreement, you shall return the PRODUCT and all derivative works, embodiments, and records thereof, including without limitation, copies thereof, electronic or otherwise. You must also destroy all the associated material provided. All provisions of this Agreement relating to disclaimers or warranties, limitations of liability, remedies, or damages and the Company’s proprietary rights, choice of law and jurisdiction, and indemnity shall survive termination of this Agreement.
    
    
12. Choice of Law and Venue: This Agreement shall be governed by the law of Denmark. All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.