terms and conditions

SciePro GmbH End-User License Agreement

v.1: 19 December 2023

This SciePro End-User License Agreement (the “EULA”) governs the sale and use of digital medical illustrations and animations (collectively, the “Licensed Content”) provided by SciePro GmbH having a registered business address at Zum Exerzierhaus 15, Potsdam 14469, Germany (“SciePro”). An individual user or a single entity accessing the Licensed Content is hereby referred to as the “Licensee.”

GENERAL INFORMATION
1. The Licensed Content is not marketed and should not be used by persons under the age of 18.
2. The Licensed Content may be used for intended lawful purposes only
3. SciePro does not guarantee and shall not be liable for the accuracy, reliability, currency, relevance, and completeness of any information or content made available through the Licensed Content.
4. It is Licensee’s sole responsibility, prior to purchasing a license to use the Licensed Content, to verify and assess the suitability, validity and integrity of the Licensed Content and decide whether or not the Licensed Content fits for the intended use.
5. SciePro reserves the right to grant access and use rights to the Licensed Content to other licensees.
6. The Licensee acknowledges and agrees that any use of the Licensed Content that is not permitted by this EULA may be unlawful and may result in Licensee’s criminal liability.
ACCEPTANCE OF THE LICENSE
1. By accepting the EULA, the Licensee confirms that the Licensee has read the EULA, accepts the terms of the EULA, and agrees to become legally bound by the EULA.
2. If the Licensee is accepting the EULA on behalf of a legal entity, the Licensee represents that the Licensee has the authority and the necessary capacity to bind such entity and its affiliates to the terms of the EULA.
3. If the Licensee does not have the authority specified in Section 2.2 or if the Licensee does not agree with one or more provisions of the EULA, the Licensee is not allowed to access the Licensed Content and must not accept the EULA.
4. By using the Licensed Content, the Licensee acknowledges, agrees, and warrants that the Licensee:
  1. Shall comply with the terms of the EULA and all applicable local, state, national and foreign laws, treaties, and regulations;
  2. Shall provide only true, accurate, complete, and up-to-date information to SciePro; and
  3. Has the capacity to conclude legally binding contracts.
GRANT OF RIGHTS UNDER FREE LICENSES
1. SciePro may, at its sole discretion, offer free-of-charge Licensed Content for preview purposes (the “Free Preview Content”). The Free Preview Content may be available in low resolution only and protected by a watermark. The Free Preview Content can be used for preview purposes only – the Licensee is not permitted to incorporate the Free Preview Content into the final version of the project for which the content is intended.
2. SciePro may, at its sole discretion, offer free-of-charge Licensed Content (the “Free Content”). The Free Content shall be available to the Licensee upon registration. The Free Content is released under the Creative Commons Attribution-NoDerivatives 4.0 International License (“CC BY-ND 4.0 DE”). In order to use the Free Content in commercial and non-commercial projects, the Licensee must follow the terms and conditions of CC BY-ND 4.0 DE provide the following attribution under each piece of the Free Content used:
3. This image/animation was created and provided by www.sciepro.com under CC BY-ND 4.0 DE. © SciePro GmbH
GRANT OF RIGHTS UNDER THE STANDARD LICENSE
1. The Standard License is granted to all purchases and subscriptions of the Licensed Content, unless the Licensee chooses the Extended License, as defined in section 4.
2. The Standard License is a personal, perpetual, worldwide, non-transferable, non-assignable, non-exclusive, royalty free, and revocable license to use the Licensed Content in accordance with the terms of this EULA.
3. Examples of permitted use of the Licensed Content under the Standard License include:
  1. Online advertising;
  2. Electronic publications;
  3. Email marketing;
  4. Use on social media and video sharing services;
  5. Small film productions, TV series, and advertising with a budget under USD 10.000 (ten thousand United States dollars);
  6. Printed materials, including product packaging, with less than 500.000 (five hundred thousand) total prints; and
  7. Personal, non-commercial use.
4. Under the Extended License, the Licensed Content cannot be resold, offered for download, or distributed in any other way as stand-alone files for commercial purposes.
5. The Licensed Content is licensed and not sold. By accepting the EULA and paying the Fees, the Licensee obtains the right to use the Licensed Content and not the ownership of the Licensed Content.
6. The Licensed Content is licensed as a single product. Its component parts may not be used separately.
7. SciePro reserves any rights not expressly granted to the Licensee under this EULA.
GRANT OF RIGHTS UNDER THE EXTENDED LICENSE
1. The Extended License is granted in addition to the Standard License discussed in section 3, subject to Extended License Fees.
2. The Extended License is a personal, perpetual, commercial, worldwide, non-transferable, non-assignable, non-exclusive, royalty free, and revocable license to use the Licensed Content in accordance with the terms of this EULA.
3. Examples of permitted use of the Licensed Content under the Standard License include all permitted use under the Standard License and, additionally, all commercial use, such as:
  1. Merchandise for promotional or retail use;
  2. Use within digital or printed templates;
  3. Decoration in a business or commercial space;
  4. Film productions, TV series, and advertising with a budget over USD 10.000 (ten thousand United States dollars); and
  5. Printed materials, including product packaging, with more than 500.000 (five hundred thousand) total prints.
4. Under the Extended License, the Licensed Content cannot be resold, offered for download, or distributed in any other way as stand-alone files for commercial purposes.
5. The Licensed Content is licensed and not sold. By accepting the EULA and paying the Fees, the Licensee obtains the right to use the Licensed Content and not the ownership of the Licensed Content.
6. The Licensed Content is licensed as a single product. Its component parts may not be used separately.
7. SciePro reserves any rights not expressly granted to the Licensee under this EULA.
FEES AND PAYMENTS
1. The use of the Licensed Content is subject to fees payable by the Licensee on a recurrent basis or as one-off payments (the “Fees”). The Fees include applicable sales taxes (e.g., VAT), where required. By accepting this EULA, the Licensee agrees to pay the Fees in accordance with the EULA, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the EULA is accepted.
2. The Fees remain valid for as long as communicated by SciePro. The Fees are subject to a change with or without a notice.
3. The Fees are deemed to be paid when received by SciePro.
4. If the Fees are payable on a subscription basis, the Fees are charged automatically at the beginning of each billing cycle. Unless the Licensee cancels the subscription prior to the expiration of the then-current subscription term, Licensee’s subscription renews automatically each billing cycle. The Licensee hereby authorizes, agrees and assents to SciePro automatically billing Licensee’s payment method for the Fees due.
5. Licensee’s subscription must be canceled at least 7 (seven) calendar days prior to expiration of the then-current billing period through Licensee’s account to avoid automatic renewal and charge. If the Licensee cancels later, the cancellation will not be guaranteed. Licensee’s inactivity does not substitute Licensee’s request for the cancellation of the subscription.
6. We issue refunds for the Fees paid, where required by the applicable law. To receive a refund, the Licensee is required to complete and submit a refund form available on the SciePro website. All refund requests are processed by SciePro staff members.
7. SciePro may but has no obligation to offer free trial periods.
COVERED LICENSED CONTENT AND SERVICES
1. The EULA applies only to the Licensed Content as provided to the Licensee by SciePro. The EULA also applies to updates, supplements, and services related to the Licensed Content, unless other terms and conditions have been provided thereto.
2. If the Licensee registers for a free trial of the Licensed Content (subject to availability), this License will also govern Licensee’s use of the free trial of the Licensed Content.
3. Any content or services that are not provided by SciePro are not covered by this EULA. Such content and services are subject to the terms and conditions set by the respective third party and the Licensee is solely responsible for obtaining, agreeing to, and complying with the respective terms and conditions at its own cost and expense.
4. The Licensed Content is available in MP4 (animations only), JPG, PNG, or PSD formats. The availability of formats depends on the Fees paid by the Licensee and may vary depending on the factors determined by SciePro in its sole discretion.
INTELLECTUAL PROPERTY AND OWNERSHIP
1. All title and copyright in and to the Licensed Content (including, but not limited to, any images, models, source code, graphics, photographs, animations, video, audio, music, text, and applets, incorporated in the Licensed Content) and any copies of the Licensed Content are owned by SciePro. The Licensed Content is protected by German copyright laws and international treaties.
2. SciePro shall at all times retain the ownership of the Licensed Content. The Licensed Content (and all intellectual property rights of whatever nature in the Licensed Content, including any modifications made thereto) are and shall remain the sole property of SciePro.
3. The Licensee is not permitted, without obtaining prior written authorisation from SciePro, to use the trade names, trademarks, service marks or product names of SciePro, except as required for reasonable and customary use of the Licensed Content.
4. SciePro has made all efforts possible to avoid the Licensed Content being subject to the rights of third parties, in particular that its use does not infringe patents, copyrights or other intellectual property rights of third parties. However, SciePro does not guarantee that the Licensed Content is not subject to the rights of third parties. The Licensee agrees to notify SciePro immediately and in writing if any third party asserts an infringement claim against the Licensee in connection with the Licensed Content.
5. Some of the intellectual property assets, such as third-party trademarks, made available through the Licensed Content may be owned by other third parties. Such third-party intellectual property does not belong to SciePro and remains the sole property of the respective third-party proprietors.
6. If the Licensee has any grounds to believe that the Licensed Content violates Licensee’s or third party’s intellectual property rights, the Licensee needs to contact SciePro and request to remove the allegedly infringing content. SciePro will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending a claim to SciePro, the Licensee should sign it and include information that would allow SciePro to locate the allegedly infringing content.
AVAILABILITY
1. The availability of the Licensed Content may be affected by factors, which SciePro cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events. SciePro takes no responsibility for the unavailability of the Licensed Content caused by such factors.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
1. To the extent permitted by the applicable law, SciePro expressly disclaims all warranties, express or implied, for the Licensed Content. SciePro provides the Licensed Content on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use or performance of the Licensed Content remains with the Licensee.
2. In no event shall SciePro be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Licensed Content, even if SciePro has been advised of the possibility of such damages.
3. SciePro shall not be liable for any use of the Licensed Content that has not been permitted under this EULA.
4. The Licensee is solely responsible for determining the appropriateness of the Licensed Content and assumes any risks associated with Licensee’s exercise of permissions under the EULA.
5. Third-party content or services are not covered by this EULA. The Licensee shall ensure Licensee’s compliance with any terms set forth by the respective third parties at its own risk, cost and expense.
6. The Licensee acknowledges that SciePro may use third-party suppliers to provide Licensed Content, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of SciePro reasonable control. To the maximum extent permitted by law, SciePro excludes any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
GOVERNING LAW AND DISPUTE RESOLUTION
1. This EULA and any disputes arising out of or in connection with the EULA and the Licensed Content shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Unless otherwise provided by the applicable law, all disputes arising out of or in connection with the License shall be submitted to the exclusive jurisdiction of the courts in Germany.
INDEMNIFICATION
1. The Licensee shall indemnify SciePro at Licensee’s expense if any claims are asserted by a third party against SciePro by reason of Licensee’s misconduct or breach of any terms of the License, including failed adherence by the Licensee with any applicable laws, including, whether express or implied.
SEVERABILITY
1. The unenforceability of any single provision of this EULA shall not affect any other provision hereof. Where such a provision is held to be unenforceable, SciePro and the Licensee shall use their best endeavors to negotiate and agree upon an enforceable provision, which achieves, to the greatest extent possible, the economic, legal and commercial objectives of the unenforceable provision.
WAIVER
1. A failure of either party to strictly enforce a provision of this EULA shall in no event be considered a waiver of any part of such provision. No waiver by either party of any breach or default by the other party shall operate as a waiver of any succeeding breach or other default or breach by such other party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
TERM AND TERMINATION
1. The EULA enters into force on the date the Licensee accepts the EULA and continues until terminated.
2. The Licensee may terminate the EULA at any time by ceasing to use the Licensed Content.
3. Without prejudice to any other rights, SciePro may terminate the EULA immediately if (i) Licensee’s subscription terms expires, (ii) the Licensee fails to pay the Fees due, or (iii) the Licensee fails to comply with any terms of the EULA.
4. If SciePro believes, at its sole discretion, that the Licensee violates this EULA and it is appropriate, necessary or desirable to do so, SciePro may:
  1. Send the Licensee a formal warning;
  2. Temporarily or permanently prohibit the use of the Licensed Content;
  3. Report the Licensee to the relevant public authorities; or
  4. Commence a legal action against the Licensee.
5. Upon termination of the EULA, the License granted to the Licensee under the EULA will immediately terminate and the Licensee agrees to (i) stop all access and use of the Licensed Content and (ii) destroy all copies of the Licensed Content and all its component parts where reasonably possible.
6. The provisions of the EULA that, by their nature, continue and survive will survive any termination of the EULA.
AMENDMENTS
1. SciePro reserves the right, at its sole discretion, to change or modify this EULA at any time by sending a prior notification to the Licensee (if the contact details of the Licensee are available to SciePro).
2. Any modifications to the EULA shall become effective on the date indicated at the top of the amended EULA. By continuing to use the Licensed Content after the date on which the modifications were communicated, the Licensee agrees to be bound by the modified EULA.
3. SciePro reserves the right to change or discontinue the Licensed Content and any feature thereof with or without a prior notice to the Licensee.
MISCELLANEOUS
1. This EULA constitutes the entire understanding between SciePro and the Licensee with respect to the subject matter thereof and supersedes all prior agreements, negotiations and discussions between the parties relating thereto.
2. The Licensee is not allowed to assign Licensee’s rights under the EULA. SciePro is entitled to transfer its rights and obligations under the EULA entirely or partially to a third party by giving a prior notice to the Licensee. If the Licensee does not agree to the transfer, the Licensee can terminate this EULA by ceasing to use the Licensed Content.
CONTACT
1. SciePro can be contacted by email at contact@sciepro.com or mail at SciePro GmbH, Zum Exerzierhaus 15, Potsdam 14469, Germany.