Effective August 14, 2020

These terms of use (“Terms”) stipulate the conditions for using the website https://nextgenrnd.com (“Website”). The Terms constitute a legally binding agreement between NextGenRnD OÜ (“NextGenRnD”), a private limited company established under Estonian law, registry code 14573188, address Ropka tn 24-37, Tartu, 50111, Estonia, and anyone who uses the Website (“Customer(s)”).

The Website

This Website provides a set of services (“Service(s)”) whereby Customers may, for a fee, obtain a non-exclusive license to use the information contained or to practice any processes specified in analysis reports and research and development solution(s) (“Solution(s)”) created by NextGenRnD. Solutions created by NextGenRnD are applicable to problems encountered in chemistry, biotechnology, pharmaceutical industry, life sciences, food, agriculture, animal and human health as well as other problems. Via the Website, Customers can also request from NextGenRnD customized solutions that will be governed by separate terms and agreement(s).

NextGenRnD may, at its sole discretion, change, modify, add or remove any portion of the Website, the Website’s content, any Solution and/or these Terms, in whole or in part, at any time.

Services and Solutions are intended for use only by individuals of at least 18 (eighteen) years of age.

Changes to the Terms will be effective when posted. Customers agree to review these Terms periodically to become aware of any changes.

Right to use the Website

By accessing the Website, Customer agrees to be legally bound by the Terms. No use of the Website is permitted unless the Customer has accepted the Terms.

The Customer undertakes to use the Website and Solutions only for their designated purpose. The Customer must not use the Website or Solutions for any unauthorized or unlawful purpose.

The Customer undertakes not to be engaged in any activity that interferes with or disrupts the Website or the Solutions (or associated servers and networks).

The Customer acknowledges and agrees that NextGenRnD owns all intellectual property rights related to the Service and the Solutions, notwithstanding of whether those rights are registered or not. The Website, Website content, Solutions, Website code, domain name, and all copyrights, trademarks, corporate names and all other intellectual property are fully owned or rightfully exercised by NextGenRnD (us) and/or our licensors and/or content providers and are protected under applicable domestic and international intellectual property and other laws.

Unless expressly permitted by NextGenRnD, Customers shall not copy, capture, reproduce, perform, transfer, sell, resell, license, modify, create derivative works from or based upon, republish, submit, edit, post, transmit, publicly display, frame, distribute, or exploit in whole or in part the Website, the Website content or Website code in original or modified form for commercial purposes.

Customers are not allowed to download (except browser caching) the Website or the Website’s content other than the purchased Solutions. Customers are not allowed to use NextGenRnD’s name or trademarks in the title or meta tags of their websites and applications. Customers are not allowed to make any reference to the Website or NextGenRnD that may be regarded as associating NextGenRnD or the Website with a third-party promotion, marketing, endorsement or other commercial objective.

Fees

Customers will, upon due payment of the applicable fee, obtain a personal License to use the Solution. The License fee for the right to use the Solution will be according to the applicable price list specified on the Website.

The Customer acknowledges and agrees that the NextGenRnD may have third party subsidiaries and affiliated or partner legal entities to provide the Service or a part thereof to the Customer. The License fees paid to NextGenRnD and/or to such third parties are non-refundable.

Payments of license fees shall be processed by Bright Market, LLC d/b/a FastSpring, a U.S. limited liability company; by Bright Market LLC dba FastSpring Limited, a U.K. private limited company; by FastSpring B.V., a Dutch private company with limited liability. For more information about FastSpring, please see https://fastspring.com.

The Non-Exclusive License to use the Solution

After the payment of the required fee, NextGenRnD assigns and conveys to the Customer a permanent and non-exclusive right (“License”) to use the Solution for personal or commercial purposes. The License is provided for the sole purpose of enabling the Customer to use the Solution in the manner permitted by the Terms and in the form and quality made available by NextGenRnD.

The right to use the Solution is limited to the Customer and is non-assignable, non-transferrable and non-divisible. The Customer is allowed to use the Solution for its intended purpose. This right entitles the Customer to copy, modify, and create derivative works of the Solution. The Customer is allowed to use the information contained in the Solution and/or practice any processes specified in the Solution. The License does not permit sub-licensing, transferring, marketing, leasing, publishing, selling, reselling, or distributing the purchased Solution or part(s) thereof. In case the Solution or part(s) thereof have been translated into some other language than English, then sub-licensing, transferring, marketing, leasing, publishing, selling, reselling, or distributing of these translations are not permitted.

The use of the Solution

The Customer understands and acknowledges that practicing any processes used in the Solution may require the use of chemicals, DNA, RNA, proteins, biologics, viruses, vaccines, bacteria, or mammalian cells that can be infectious, pathogenic, toxic, carcinogenic, mutagenic, teratogenic or otherwise harmful to anyone exposed to them. The Customer understands and acknowledges that practicing any processes used in the Solution may require specialized facilities and expertise to work with. The Customer undertakes to use the Solution entirely at his or her own risk.

Privacy

The use of personal data by NextGenRnD is covered by NextGenRnD Privacy Policy.

No warranties

The Website and Solutions are provided “as is” and NextGenRnD grants to the Customer no warranties in respect of the Website and the Solution(s).

Among other things NextGenRnD does not represent and warrant to the Customer that:

  • the Website and the Solution(s) or their use by Customer will meet the Customer’s requirements or expectations;
  • the Customer’s use of the Website or Solution(s) will be uninterrupted, timely, secure or free from error;
  • any information obtained by the Customer as a result of the Customer’s use of the Website or Solution(s) will be accurate, correct, reliable and up to date;
  • defects in the operation or functionality of the Website or Solution(s) will be corrected.

The Customer acknowledges and agrees that the selection of Solutions as well as the form and nature of the Service may change from time to time without prior notice to the Customer.

The Customer acknowledges and agrees that NextGenRnD may stop (permanently or temporarily) providing the Service (or any features within the Service) to the Customer, without prior notice to the Customer.

Disclaimer

NextGenRnD shall not be liable for any direct, indirect or consequential damage (including loss of profit, loss of data, loss of goodwill or business reputation) of the Customer which may be incurred to the Customer in relation with the Website or the Solution(s).

Indemnification

The Customer indemnifies NextGenRnD, its employees, agents, licensors, suppliers, etc. for any and all claims, liabilities, losses, expenses, damages and costs, including attorney’s fees, resulting from the breach of the Terms, and from their use of the Website and/or the Solution(s).

This Website may include links to other third-party sites on the internet that are not owned and operated by NextGenRnD. NextGenRnD is not responsible for the content or the reliability of such third-party content.

Applicable Law and Jurisdiction

The Terms are governed by Estonian law. In case the Terms have been translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.

Any disputes related to the Terms are to be solved by means of negotiations. If the dispute cannot be solved by means of negotiations, the dispute shall be solved in Tartu County Court, Estonia.