POINTCROSS MySEND SOFTWARE LICENSE
These terms and conditions (this “Agreement”) apply to the MySEND software provided by PointCross Inc. (“PointCross,” “our,” or “we”) via PointCross.com (the “Site”).
By downloading the Software or otherwise using the Software, you acknowledge and agree that you have read and understand all of the terms and conditions of this Agreement, and you accept and agree to be legally bound by all of the terms and conditions of this Agreement.
The “Effective Date” of this Agreement is the date you first download or otherwise access the Software.
If you are entering into this Agreement on behalf of a company (or other entity), you represent that you are the employee or agent of such company (or other entity) and you have the authority to enter into this Agreement on behalf of such company (or other entity).
This Agreement constitutes an enforceable agreement by and between you and PointCross.
Entire Agreement. This Agreement (and all terms and conditions incorporated into this Agreement by reference) sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom.
Third-Party Software. Notwithstanding any terms to the contrary in this Agreement, (a) you acknowledge and agree that PointCross uses third-party software in connection with the Software (“Third-Party Software”),
(b) such Third-Party Software and the terms and conditions governing the use of such Third-Party Software can be found at https://pointcrosslifesciences.com/index.php/open-source/ (“Third-Party Software Terms”) (and such Third-Party Software Terms (i) may be modified from time-to-time and (ii) are incorporated into this Agreement by reference), and (c) by downloading the Software or otherwise using the Software, you acknowledge and agree that you have read the Third-Party Software Terms, and you agree to use the Third-Party Software in accordance with the Third-Party Software Terms.
Ownership. As between the parties and subject to the grants under this Agreement, PointCross owns all right, title and interest in and to the Feedback and the Software and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction (including applications and registrations for any of the foregoing) embodied in the foregoing or related thereto. PointCross reserves all rights not expressly granted in this Agreement, and no licenses are granted by PointCross to you under this Agreement, whether by implication, estoppel or otherwise, except as expressly set forth herein.
Independent Contractors. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchisee, employee, representative, owner or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations, to make any representations or warranties on behalf of any other party (whether express or implied), or to bind the other party in any respect whatsoever.
Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. The state or federal court in Santa Clara County, California will be the jurisdiction in which any suits should be filed if they relate to this Agreement.
Waivers. No failure or delay (in whole or in part) on the part of a party to exercise any right or remedy hereunder will operate as a waiver thereof or effect any other right or remedy. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. The waiver of one breach or default or any delay in exercising any rights hereunder will not constitute a waiver of any subsequent breach or default.
Consent to Electronic Communications. You agree that we may communicate with you electronically regarding your use of the Software and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us by unsubscribing on our website.
Severability. To the extent possible, if any provision of this Agreement is deemed unenforceable, it will be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it will be severed from this Agreement without affecting the enforceability of the remaining terms and conditions.
PointCross Life Sciences Inc. delivers proven technology to support drug development through a suite of Nonclinical
and Clinical offerings
1291 E. Hillsdale Blvd, Suite 304
Foster City, California 94404 USA
Direct: +1 (650) 350 – 1900
Toll Free: +1 (844) 382 – 7257