On-premise service special terms
You may choose to install the Software Product on your own server(s) rather than on ours, as part of our On-Premise Service.
If you choose to use On-Premise Service, all the terms and conditions in the Terms of Services, including those specifically referring to Hosted Service, apply to you, with the following adaptations:
2.3. (Subscription agreement). The Services are provided on an “as is” basis as standard services; licenses are not contingent on or tied to any particular version or functionality at any particular point in time but allow access to and use of the Services as they are provided at the moment of installation. Licenses are neither contingent on the delivery of any future versions or functionality nor dependent on any publications, materials or comments regarding the same made by or on behalf of BioAware.
2.5. (Subscription agreement). BioAware reserves the right to make improvements, add, change or remove functionality, or correct any error or omission in any part of the Services at its sole discretion and without any obligation or liability accruing therefrom. When locally installed then the BioAware team will contact the primary person to make an appointment to hand over the newest version of the software.
4.2. (Data processing and privacy). The customer is the Data Processor (as well as the Data Controller). When the client decides to host the data on their side on premises, BioAware has no control at all on the data. Consequently they cannot take measures described in the 4.2. The customer has to take all the measures to protect their data.
Chapter 6 Security. The customer is responsible for providing a secure and reliable environment, this includes maintaining administrative, physical and technical security measures as well as backup solutions when installed locally.
Chapter 7. Availability and support. Chapter 7 is under full responsibility for the customer when installed locally. BioAware provides the software at the moment of installation and makes sure that it is working as expected*. From that moment BioAware is in no possible way responsible for any failure, downtime and other points specified in chapter 7. *The Customer and BioAware agree that the Services and delivery thereof will not be completely free of errors and that improving the Services is a continuous process. The Customer acknowledges that the Services are delivered “as is” and used at the Customer’s own risk.
Chapter 8.6 (Termination and suspension). When for whatever reason the customer subscription terminates, then access to the BioloMICS software will be blocked at the moment the contract ends. The data are stored locally and this frees BioAware from any obligation to hand over or delete any data.
Chapter 10 Indemnification. BioAware is not responsible for any third party claims that arise from the use of the service when it is locally installed. The customer has full responsibility over the use of the service and BioAware has no control on this.
Chapter 11.1. (Limited warranty). BioAware provides the software at the moment of installation and makes sure that it is working as expected*. From that moment BioAware is in no possible way responsible for any more warranty regarding failures, downtime and other points specified in chapter 7 and 11. *The Customer and BioAware agree that the Services and delivery thereof will not be completely free of errors and that improving the Services is a continuous process. The Customer acknowledges that the Services are delivered “as is” and used at the Customer’s own risk.
If you choose to use On-Premise Service, and you have chosen the Ultimate package then you are able to create an own website, link this to your BioloMICS database and manage it from within the BioloMICS software. It is fully up to the customer to design and manage the website. BioAware is in no possible way responsible for the website created and managed by the customer.
Some features in the ultimate package are freely available by default when you create a website such as: Search, Cart, Registration, Identification, News, Deposit. The customer cannot adapt the script behind those features. It is fully included inside the software. The regulations linked to this paragraph are explained in the TOS.
When the customer chooses the On-Premise Service they are the Data Processor and controller (TOS 4.2). This means that they have full responsibility of the data since BioAware has in no way control of it. The customer has full control on who is registering on their website.
Version 1.0, released 15.10.2019