Term and conditions

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Licence Agreement - General Terms and Conditions (hereinafter "Agreement")

Trismegistos online database is developed by the KU Leuven Ancient History department, headed by Mark Depauw and is owned by the Katholieke Universiteit Leuven (hereinafter referred to as “KU LEUVEN"). By using this website you agree to this licence.

Article 1 - Definitions

1.1 “Trismegistos” shall mean the KU LEUVEN website and online database as made available to users, on www.trismegistos.org.

1.2 “Effective Date" shall mean the date on which you start using Trismegistos.

1.3 “Purpose” shall mean research purposes.

Article 2 - License

2.1 Subject to the terms of this Agreement, KU LEUVEN hereby grants you a royalty-free, non-exclusive, non-transferable license to Trismegistos supplied by KU LEUVEN for the Purpose only. KU LEUVEN may modify, create, update or remove the content at any time and without notice.

2.2 You warrant that you have full authority to enter into this Agreement and that the signatory to this Agreement has the power of attorney to represent you and to act on your behalf for the purposes of this Agreement.

2.3 You agree to use Trismegistos adequately, according to the possibilities and the Purpose for which it is intended and to avoid in any case: a) incurring unlawful activities, illegal or contrary to good faith and public order; b) causing damage to the physical and logical systems of KU LEUVEN, its suppliers or third parties; introducing or spreading computer viruses or any other hardware or software capable of causing the aforementioned damage; c) attempting to access the source code.

Article 3 - Ownership

3.1 The Trismegistos website and database are copyrighted and KU LEUVEN retains all title and ownership to Trismegistos. Content provided through the website and database is made available to you subject to a creative commons license (SS-BY-SA license ). Nothing in this Agreement shall preclude KU LEUVEN from entering into agreements with third parties concerning the website or database.

3.2 By using Trismegistos, you do not acquire any (intellectual property) right to Trismegistos or any part thereof, nor do you acquire any license or other proprietary rights of KU LEUVEN, except as expressly granted herein.

Article 4 - Acknowledgement

You shall acknowledge KU LEUVEN as the owner of Trismegistos and shall make appropriate reference in each publication making use of results generated through Trismegistos as specified on www.trismegistos.org/about_how_to_cite.

Article 5 - Feedback

You are encouraged to provide KU LEUVEN with feedback on Trismegistos as used in compliance with the Purpose. KU LEUVEN is permitted to use any feedback provided for any purpose including but not limited to making changes to Trismegistos or for further research purposes. All feedback shall be entered in the relevant forms on Trismegistos or sent by email to the addresses mentioned on www.trismegistos.org/contact.php.

Article 6 - No Support

This license does not entitle you to receive from KU LEUVEN technical support, telephone assistance, or enhancements or updates to Trismegistos. Any support that may be given by KU LEUVEN on voluntary basis is provided "as is" and KU LEUVEN makes no representations or warranties of any type whatsoever, express or implied, regarding the provided support.

Article 7 - No warranty and liability

Trismegistos is the result of academic research and provided "as is" by KU LEUVEN without warranty of any kind, whether express or implied. KU LEUVEN specifically disclaims the implied warranties of merchantability and fitness for a particular purpose or that the use of Trismegistos will not infringe any intellectual property rights or other rights of third parties.
The content of Trismegistos is in constant evolution. Therefor information contained in Trismegistos may be incomplete, incorrect or not up to date. The entire risk as to the quality and performance of Trismegistos is borne by you.
KU LEUVEN shall not be liable for any loss or any direct, indirect, special, incidental, liquidated or consequential damages or other liability incurred by User in connection with Trismegistos licensed by KU LEUVEN under this Agreement or arising out of any performance of this Agreement, whether such damages are based on contract, tort or any other legal theory (including but not limited to damages to third parties, loss of profits or loss of contracts). KU LEUVEN’s total liability to User shall in no case exceed the amount of 500 EUR.
Notwithstanding the foregoing, the liability of KU LEUVEN shall not be limited to the extent that such limitation is not permitted by law or to the extent that damages are caused by willful misconduct of KU LEUVEN.
User will indemnify and hold harmless KU LEUVEN, its directors, officers, employees and agents from and against all liability, losses, damages and expenses (including attorney's fees and costs) arising out of any claims, demands, actions or other proceedings made or instituted by any third party against any of them and arising out of or relating to any breach of this Agreement by User, or any use or disclosure of Trismegistos by User, unless such claims or liability result from KU LEUVEN’s willful misconduct.

Article 8 – Term

8.1 This Agreement is effective from the Effective Date and unless provided otherwise herein, shall be in cause and effect during the period of use by you, unless immediately terminated by KU LEUVEN if you fail to comply with any provision of the Agreement.

8.2 Upon termination, you will no longer have access to Trismegistos. This Agreement will end automatically upon removal of Trismegistos by KU LEUVEN from the relevant website, unless otherwise notified in writing by KU LEUVEN.

8.3 In case of termination the provisions which by nature should survive shall remain in full force and effect.

Article 9 – Personal data

9.1 By using the website and accepting the terms and conditions of this license agreement, you grant permission to KU LEUVEN to process your data in accordance with the provisions of the General Data Protection Regulation (General Data Protection Regulations (GDPR) (EU) 2016/679) and for the sole purpose of identifying the person, performance of obligations to the person assumed under this Agreement, provision of web use statistics and requesting feedback on the use of Trismegistos. ; You shall have the right of access to your personal data and the right to rectify or have deleted any such data. Should User have any queries concerning the processing of their personal data, User shall address them to the KU LEUVEN data protection officer, at the address set out in Article 10. Trismegistos requires registration for access to the Subscription Functionalities.

9.2 KU LEUVEN shall limit access to any personal data to the staff strictly necessary for the performance, management and monitoring of Trismegistos or the Agreement and shall process personal data in accordance with applicable data protection law.

Article 10 – Miscellaneous

10.1 Any notice authorized or required to be given to KU LEUVEN under this Agreement shall be in writing and shall be deemed to be duly given if sent by registered post to: KU LEUVEN R&D, Waaistraat 6, B-3000 Leuven, Belgium.

10.2 The terms and conditions herein contained constitute the entire agreement between the parties and supersede all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter thereof.

10.3 Should any (part of a) provision of this Agreement become invalid, illegal or unenforceable, it shall not affect the validity of the remaining (part of the) provision(s) of this Agreement. In such a case, the parties concerned shall be entitled to request that a valid and practicable provision be negotiated which fulfils the purpose of the original provision and the intent of the Parties.

Article 11 - Disputes

In the event of disputes in the interpretation and/or performance of this Agreement, the parties shall first undertake to settle their differences amicably. If no amicable settlement can be reached concerning the execution and/or interpretation of this Agreement, such conflict shall be brought before the courts of Leuven and Belgian Law shall be applicable, excluding its conflict of law provisions.