Please read this user agreement carefully before accepting it. This user agreement defines the terms and conditions for using the portal hosted at www.invenomics.com ("Invenomics Portal"). You may not accept the agreement and use Invenomics Portal, if you do not agree with the terms and conditions of this agreement.
This agreement is between any person registering or using Invenomics Portal (hereinafter referred to as "You") and Five Elephants and a Rat, a sole proprietorship firm, having its place of business at 1904, A1, Elita Promenade, J.P. Nagarr 7th Phase, Bangalore - 78, Karnataka, India (hereinafter referred to as "We" or "Us").
Whereas You have reviewed the services offered by Us on the Invenomics Portal and wish to register as a Licensor/Sellor or Licensee/Buyer on the portal or use the portal in any other manner.
Whereas by accepting this agreement, You wish to be bound by its terms and conditions laid down hereunder.
1.1. "Access" shall mean using the Invenomics Portal with or without registering on the portal.
1.2. "Services" shall mean the services offered by us for using the Invenomics Portal.
1.3. "Special Services" shall mean the services offered by Us or our partners for enabling You to license, sell or commercialize your Intellectual Property.
1.4. "Intellectual Property" shall mean patent, trade mark, industrial design, copyright or any other form of intellectual property and shall also include applications for the aforesaid and inventions or creations that are capable of being protected as any form of intellectual property.
1.5. "Confidential Information" shall mean and include any information including but not limited to process, method, invention, creation, technical information, scientific information, financial information, business information and so on that is deemed confidential by Us.
2. Portal Services
2.1. You hereby agree to use the Services offered by Us and/or Access the Invenomics Portal in accordance with the terms and conditions of this agreement. You do not have to pay any consideration for using the Services and shall be solely responsible for the information and data You make available on the Invenomics Portal.
2.2. You shall make true and valid information available on the Invenomics Portal and shall be solely responsible for any false , misleading or incorrect information. You shall indemnify and hold us harmless from and against any damage or loss caused to us due the data or information provided by you on the Invenomics Portal.
2.4. We will make the Invenomics Portal available to you for showcasing Your Intellectual Property for licensing and commercialization. We do not take any responsibility for the uptime of the Invenomics Portal and do not guarantee any functionality, feature or any other aspect of the Invenomics Portal.
2.5. You hereby grant us the right to use and show case the data submitted by you in any manner deemed fit by Us. You hereby give us the permission to add, remove, modify or delete the data submitted by you on the Invenomics Portal. We shall have unlimited right and freedom to manage, use, modify, process and publish the data in any manner we deemed fit by Us.
2.7. Through invenomics, we are only providing a platform for enabling you to show case your Intellectual Property for licensing and commercialization and do not warrant anything regarding the same. All initiatives for licensing, sale or commercialization of the Intellectual Property shall be taken by you.
2.8. You hereby agree to inform us of any changes in the legal status of Intellectual Property submitted by you in the Invenomics Portal. You shall update the status on the portal within one week of your becoming aware of such status. You shall not post Intellectual Property that is in the public domain, expired, invalid or abandoned on the Invenomics Portal.
2.9. You hereby agree to receive updates about the Invenomics Portal in general and your posts or field from time to time. You shall communicate to us in writing if you do not wish to receive the said updates.
3. Special Services
3.1. We offer Special Services for enabling you to license, sell or commercialize your Intellectual Property. Such services shall be governed by a services agreement , whose terms shall be in addition to the terms and conditions of this agreement.
4. Intellectual Property
4.1.This agreement does not transfer any Intellectual Property owned by Us to You. Nothing in this agreement shall amount to transfer of Our Intellectual Property in the Invenomics Portal to You.
5.1.You shall not disclose any information you deem confidential on the Invenomics Portal. We shall not be bound to maintain any information disclosed by you on the Invenomics Portal confidential unless an agreement in writing is entered by You with Us.
5.2. You shall maintain any Confidential Information disclosed by us confidential and secret. Your obligation of confidentiality shall survive the termination of this agreement.
6. Term and Termination
6.1.This agreement shall come into effect as soon as you accept the agreement or use the Invenomics Portal and shall be valid as long as your data or information is made available on the Invenomics Portal or as long as you continue to use the Invenomics Portal, which ever is later.
6.2.The agreement may be terminated by Us on default by You to perform obligations under this agreement or for any other reason without any notice.
6.3. Provisions with respect to Intellectual Property, Confidentiality, Indemnity, Liability and Warranty shall survive the termination of this agreement.
7. Governing Law and Dispute Resolution
7.1.This agreement shall be governed by the Indian Contract Act, 1872 and other laws in force in India.
7.2.All disputes arising under this agreement shall fall within the jurisdiction of the courts at Bangalore. The Parties may agree to resolve their disputes by arbitration as per the Indian Arbitration and Conciliation Act, 1996.
8. Assignment and Modification
8.1.This Agreement and all its rights and privileges hereunder shall not be assigned by You without Our prior written consent.
8.2.The terms and conditions of this agreement may be modified from time to time by Us and you shall be bound by the modiied terms after due notice is provided to you.
9.1.All notices hereunder shall be given by us in writing by email to the email address provided by you. You shall give us any notice to our email address: firstname.lastname@example.org
9.2.You shall notify any change of address for communication of notices to Us within 14 days of such a change.
10. Entire Agreement
This Agreement constitutes the entire agreement between the Parties pertaining to use of Invenomics Portal and supersedes all prior agreements, understandings, negotiations and discussions with respect to the subject matter hereof whether oral or written.
11. Force Majeure
The performance of any part of this agreement by Us shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond our reasonable control .
12.1. If any portion of this agreement is held invalid under the law by any court, the rest of the agreement shall be enforceable and the invalid clause shall be interpreted in a manner that it is valid under the law.
13. Warranty and Liability
13.1. You hereby warrant that you have the capacity and the legal right to enter into this agreement and to post data or information on the Invenomics Portal. You further warrant that the data or information posted on the Invenomics Portal is correct to the best of your knowledge and hereby agree to inform Us about any incorrectness in the data within seven days of learning about it.
13.2. You hereby agree to indemnify and hold Us harmless from and against any losses, damages or injury caused to Us due to the data or information submitted by you or any other action taken by you with respect to Invenomics Portal.
13.3. THE INVENOMICS PORTAL IS PROVIDED BY US "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL WE BE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE INVENOMICS PORTAL EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Click ACCEPT if you agree with the terms and conditions of this agreement. If you do not accept the terms and conditions of the agreement, you shall not register and use the Invenomics Portal.