PHARM/PCS V5
Terms of Service
By subscribing to, accessing, or using the Software, you (“you,” “your,” or the “Subscriber”) agree to be bound by these Terms of Service (the “Terms”). If you do not agree, do not access or use the Software. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
3.1 To use the Software you must register for an account and provide accurate, current information. You must be at least eighteen (18) years old to register for an account, subscribe to, or otherwise use the Software; by registering, you represent and warrant that you meet this age requirement.
3.2 Academic eligibility. The Academic plan is available only to individuals engaged in Academic Use who hold a valid academic or institutional email address (for example, a .edu, .ac.uk, or other recognized institutional domain). By subscribing to the Academic plan, you represent and warrant that you qualify for Academic Use.
3.3 Verification and reclassification. We reserve the right, at any time, to verify eligibility for the Academic plan and to request evidence substantiating academic affiliation, including without limitation a current institutional or academic email address, a copy of a valid student or faculty identification card, or an enrollment or employment verification letter from the institution’s registrar or human resources office. If a Subscriber does not provide requested evidence within a reasonable time we specify, or if we determine that a Subscriber on the Academic plan is engaged in Commercial Use or otherwise does not qualify for Academic Use, we may, at our discretion and with notice: (a) require the Subscriber to upgrade to the Commercial plan; (b) suspend or terminate the Academic Subscription; (c) charge the Subscriber the difference between the Commercial and Academic subscription fees for the period of ineligible use, calculated retroactively to the start of that period; and (d) recover reasonable attorneys’ fees and costs incurred in investigating or enforcing this Section 3.3. The parties agree that the amount described in subsection (c) is not a penalty, but a reasonable, good-faith pre-estimate of the harm arising from ineligible Academic-plan access — including the price differential foregone, the competitive harm of subsidized use by an ineligible Commercial user, and the administrative cost of detection and enforcement — which would otherwise be difficult to ascertain with precision.
3.4 You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
Subject to your compliance with these Terms and payment of the applicable fees, MCS Scientific grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Software for the term of your Subscription, as follows:
4.1 Academic Individual license. A single-user license permitting Academic Use only, by the named individual Subscriber. Academic licenses may not be used for Commercial Use.
4.2 Commercial Individual license. A single-user license permitting Commercial Use and professional use by the named individual Subscriber.
4.3 Single user. Each license is for one (1) named individual. Licenses may not be shared among, transferred to, or concurrently used by multiple individuals.
You agree that you will not, and will not permit any third party to:
6.1 Annual billing. Subscriptions are billed annually in advance at the price stated at the time of purchase. Payment is processed through our third-party payment processor (Stripe); by subscribing you also agree to the processor’s applicable terms.
6.2 Automatic renewal. Your Subscription will automatically renew for successive one (1) year terms at the then-current price unless you cancel before the applicable cancellation deadline as described in Section 6.3. Promptly after you subscribe, we will send you a confirmation notice, in a form you can retain, stating the terms of your Subscription, the amount and frequency of charges, the deadline to cancel to avoid the next renewal charge, and how to cancel. Before each renewal, we will also send a reminder to the email address on file (or another notification channel you have selected) at least fifteen (15) and not more than forty-five (45) days before the cancellation deadline, stating the amount and date of the upcoming charge and how to cancel. At sign-up, we will present these automatic-renewal terms in a clear and conspicuous manner immediately next to your acknowledgment, and your acknowledgment will specifically reference the automatic renewal of your Subscription rather than the general Terms alone.
6.3 Cancellation. You may cancel at any time. Cancellation stops future renewals; your access continues until the end of the current paid term. To avoid being charged for the next renewal term, you must cancel before that term’s renewal date — we refer to this point elsewhere in these Terms as the cancellation deadline.
6.4 No refunds. Except where required by law, subscription fees are non-refundable, and we do not provide refunds or credits for partial subscription periods or unused time.
6.5 Price changes. We may change subscription prices for future terms. If we increase your subscription price, we will provide you with clear and conspicuous notice of the increase at least five (5) business days and not more than thirty (30) days before the change takes effect. Unless you affirmatively consent to the increased price, you may cancel your Subscription and receive a pro rata refund for the remaining term if you do so within fourteen (14) days after the increased price is first charged to you.
The Software, including all calculation procedures, code, design, documentation, and companion materials, and all intellectual property rights therein, are and remain the exclusive property of MCS Scientific and its licensors. These Terms grant you a license to use the Software; they do not transfer any ownership rights to you.
8.1 THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
8.2 Professional-judgment disclaimer. The Software is a computational aid intended to assist qualified users. It is not a substitute for professional training, independent verification, or professional judgment. You are solely responsible for reviewing, verifying, and validating any calculation, output, or result before relying on or acting upon it.
8.3 No clinical reliance. The Software is not a medical device and is not intended to be the sole basis for any clinical, diagnostic, dosing, prescribing, or patient-care decision. Any such decision must be independently verified by a qualified professional in accordance with applicable standards of care.
8.4 We do not warrant that the Software will be error-free, uninterrupted, or free of harmful components, or that any results obtained from it will be accurate or reliable.
9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MCS SCIENTIFIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MCS SCIENTIFIC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SOFTWARE WILL NOT EXCEED THE AMOUNT YOU PAID TO MCS SCIENTIFIC FOR THE SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.3 Some jurisdictions do not allow certain limitations; in those jurisdictions, the above limitations apply to the fullest extent permitted by law.
You agree to indemnify and hold harmless MCS Scientific from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Software in violation of these Terms or applicable law.
11.1 We may suspend or terminate your access to the Software if you materially breach these Terms, including any misuse of an Academic license as described in Section 3.3.
11.2 Upon termination, your license ends and you must cease all use of the Software. Sections that by their nature should survive termination (including Sections 3.3, 7, 8, 9, 10, and 12) will survive.
These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Montgomery County, Pennsylvania.
We may update these Terms from time to time. Material changes will be communicated by reasonable means (for example, by email or an in-product notice), and your continued use of the Software after the changes take effect constitutes acceptance.
Questions about these Terms may be directed to:
MCS Scientific LLC
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