Terms of Service

  1. Applicability Terms of Service

    The following terms and conditions govern all use of the DigiMach software and services, subsequently referred to as “DigiMach”.

    By accessing or using any part of DigiMach you agree with the content and applicability of these terms and conditions.

    The applicability of any and all terms and conditions of a user of DigiMach are hereby expressly rejected.

    If any provision of these terms and conditions is null and void or is annulled, the other provisions of these terms and conditions shall remain in full force and effect.

  2. License to use DigiMach

    DigiMach is owned and operated by Maastricht University and is closed source at current stage.

    Provided that a user of DigiMach complies with these terms and conditions, Maastricht University grants that user a personal, non-exclusive, non-transferable, non-sublicensable and revocable (as provided herein) license to use DigiMach.

    Unless indicated otherwise, Maastricht University does not charge a license fee for the use of DigiMach in accordance with these terms and conditions.

  3. DigiMach account

    The user of DigiMach is not permitted to provide access to his/her account to third parties or to others than the relevant user of DigiMach to use the relevant DigiMach account. The user shall not create more accounts than necessary.

    The user of DigiMach is obligated to immediately notify Maastricht University via servicedesk-icts@maastrichtuniversity.nl of any unauthorized use(s) of his/her account.

    Maastricht University may discontinue, limit or temporarily interrupt access of any and all users of DigiMach at any time without being liable for damages as a result thereof.

    Maastricht University has not reviewed, and cannot review, all of the data, including computer software, made available through DigiMach. Notwithstanding aforementioned Maastricht University has the right to remove any data that is in any way harmful or objectionable at any time without being liable for damages as a result thereof.

  4. Restrictions

    The user of DigiMach may not:

    a. Disassemble, modify, prepare derivative works of, decompile or reverse engineer DigiMach or permit or authorize a third party to do so;

    b. Remove, disable or otherwise circumvent any security features that DigiMach might contain;

    c. Delete or alter any copyright, trademark, and other proprietary rights notices or markings appearing on DigiMach;

    d. Infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of Maastricht University and/or any third party relating to DigiMach;

    e. Hack DigiMach or use unauthorized APIs;

    f. Install any viruses, worms, time bombs, malware, Trojan horses or other harmful or destructive content, code, files, scripts or agents on DigiMach;

    g. Use DigiMach for spam or any other unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the data (such as spoofing);

    h. Use DigiMach in any manner or for any purpose that infringes, misappropriates, or other otherwise violates any other party’s rights, these Terms of Service or applicable law.

  5. Ownership

    By using DigiMach no intellectual property rights of Maastricht University or any third party will be transferred to the user of DigiMach. All right, title and interest in and to such property will remain solely with Maastricht University and/or such third party.

    The use of DigiMach grants the user of DigiMach no right or license to reproduce or otherwise use any Maastricht University or third-party trademarks.

    If a user of DigiMach makes any suggestion, comment, idea, recommendation and/or feedback regarding the DigiMach, Maastricht University is free to use such suggestion, comment, idea, recommendation and/or feedback and the user of DigiMach assigns to Maastricht University that suggestion, comment, idea, recommendation and/or feedback and any and all intellectual property rights therein.

  6. Alleged copyright infringement

    Although Maastricht University is not responsible and/or liable for the data that is displayed in DigiMach, Maastricht University does not wish to facilitate any infringement of intellectual property rights.

    Therefore, in case you believe that any data displayed in the DigiMach violates your intellectual property rights, you are encouraged to notify Maastricht University without undue delay. Maastricht University will respond to all such notices, including as required or appropriate by removing the infringing data or disabling all links to the infringing data.

  7. Confidentiality

    The user of DigiMach agrees to keep all information, documents and data, which is marked or which would reasonably be considered to be confidential (“Confidential Information”) as strictly confidential and to use such information only within the scope of the licenses granted to the user of DigiMach.

    To avoid doubt; DigiMach and all its information, documents and data in the broadest sense of the word concerns Maastricht University’s Confidential Information.

  8. Processing of personal data

    DigiMach and Maastricht University explicitly disclaim any and all liability in connection with the processing of personal data provided by the user of DigiMach. In the event that personal data, whether belonging to the user or any other natural persons, or other information of a confidential or sensitive nature, is transmitted to and/or stored to the DigiMach platform, it is hereby emphasized that the user, as the party providing said data, shall bear full accountability for all aspects of data processing, irrespective of whether the user has a data processing agreement for this data or not.

  9. No warranties DigiMach use

    Maastricht University does not warrant that DigiMach will meet your requirements, will operate in the combination that you desire, will operate error-free or uninterrupted, or that all DigiMach errors will be corrected.

    Maastricht University expressly disclaims and makes no representation, warranty, condition or other contractual term, express or implied, including but not limited to any implied representations, warranties, conditions or contractual terms of merchantability, fitness for a particular purpose and noninfringement, and any representations, warranties, conditions or contractual terms arising out of course of dealing or usage.

  10. Limitation of Liability

    Maastricht University disclaims any responsibility for the use of DigiMach and any data used therein.

    Maastricht University will in no event, even if Maastricht University is apprised of the likelihood of such damages occurring, be liable for any harm resulting from the use of DigiMach including but not limited to (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iiii) any loss of profits or loss of business.

    The foregoing limitation of liability shall not apply to the extent prohibited by applicable law.

  11. General Representation and Warranty

    The user of DigiMach represents and warrants that their use of DigiMach will be in strict accordance with these terms and conditions, the UM Acceptable Use Policy, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content).

  12. Indemnification

    The user of DigiMach agrees to defend, indemnify and hold harmless Maastricht University and their respective directors, officers, employees and agents from and against any and all liabilities, damages, costs, and expenses, including settlement costs and attorneys’ fees, from any claim or demand by a third party arising out of their use of DigiMach, including but not limited to their violation of these terms and conditions, the UM Acceptable Use Policy, and/or any applicable laws and regulations or any third party rights.

  13. Termination

    The licenses to use the DigiMach granted under these terms and conditions will automatically terminate, with or without notice from Maastricht University, if the user of DigiMach breaches any of these terms and conditions, the UM Acceptable Use Policy, and/or any applicable laws and regulations.

    Upon termination, the user of DigiMach must either promptly destroy or return to Maastricht University the DigiMach in his/her possession or control.

    All provisions of these terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and governing law.

  14. Amendments to terms and conditions

    Maastricht University reserves the right to amend and/or supplement these terms and conditions at any time.

    The continued use of DigiMach following the posting of any changes to these terms and conditions constitutes acceptance of those amendments.

  15. Miscellaneous

    These terms and conditions are governed by Dutch law.

    All disputes arising from, or resulting from the use of DigiMach which cannot be resolved by mutual agreement, will be submitted to the competent court of the District Court of Limburg, the Netherlands.