CHARP Art Care is thrilled to exhibit at the CollectionCare conference, 1-3 December. Meet us there for a virtual coffee ☕!

License Agreement

(hereinafter "Agreement")

Article 1 - Definitions

1.1 “CHARP Art Care Web Application” shall mean the web application as made available to you by LICENSOR on app.artcare.be during the term of this Agreement.

1.2 “Effective Date" shall mean the date on which you start using the CHARP Art Care Web Application.

1.3 “Purpose” shall mean monitoring and decision support within the scope of obtaining optimal indoor environmental conditions in the light of preventive conservation.

Article 2 - License

2.1 Subject to the terms of this Agreement, LICENSOR hereby grants you a royalty-free, non-exclusive, non-transferable license to the CHARP Art Care Web Application for the Purpose. LICENSOR may modify, create, update or remove the content at any time and without notice.

2.2 You shall not sublicense any of your rights to the CHARP Art Care Web Application. Neither will you make available or transfer the CHARP Art Care Web Application to a third party, unless prior written agreement of LICENSOR has been obtained.

2.3 You warrant that you have full authority to enter into this Agreement and that the signatory/signatories to this Agreement has/have the power of attorney to represent you and to act on your behalf for the purposes of this Agreement. You agree to provide true, accurate, lawful, current and complete information about your identity as requested in the CHARP Art Care Web Application. Also, you agree to use the CHARP Art Care Web Application adequately, according to the possibilities and purposes for which it is intended to avoid in any case: a) incurring unlawful activities, illegal or contrary to good faith and public order; b) causing damage to the physical and logical systems of LICENSOR, its suppliers or third parties; introducing or spreading computer viruses or any other hardware or software capable of causing the aforementioned damage; c) attempting to access the source code.

Article 3 - Ownership

3.1 The CHARP Art Care Web Application is copyrighted and LICENSOR retains all title and ownership to the CHARP Art Care Web Application. Nothing in this Agreement shall preclude LICENSOR from entering into agreements with third parties concerning the Application.

3.2 By using the CHARP Art Care Web Application, you do not acquire any intellectual property right to the CHARP Art Care Web Application or any part thereof, nor do you acquire any license or other rights under any patents, patent applications, trade secrets or other proprietary rights of LICENSOR, except as expressly granted herein.

Article 4 - Benchmarking

You agree that LICENSOR is permitted to use any data you upload through the CHARP Art Care Web Application for any purpose, including providing benchmark statistics for other users of the CHARP Art Care Web Application.

Article 5 - Feedback

You are encouraged to provide LICENSOR with feedback on the CHARP Art Care Web Application as used in compliance with the Purpose. LICENSOR is permitted to use any information provided by you for any purpose including but not limited to making changes to the CHARP Art Care Web Application or for further research purposes.

Article 6 - No Support

This license does not entitle you to receive from LICENSOR technical support, telephone assistance, or enhancements or updates to the CHARP Art Care Web Application. Any support that may be given by LICENSOR on voluntary basis is provided "as is" and LICENSOR makes no representations or warranties of any type whatsoever, express or implied, regarding the provided support.

Article 7 - No warranty and limitation of liability

This CHARP Art Care Web Application is experimental in nature and is the result of academic research. When using the CHARP Art Care Web Application you agree that it is supplied by licensors only for use within the Purpose.

The CHARP Art Care Web Application is provided "as is" by LICENSOR without warranty of any kind, whether express or implied. LICENSOR specifically disclaims the implied warranties of merchantability and fitness for a particular purpose or that the use of the CHARP Art Care Web Application will not infringe any patents, copyrights or trademarks or other rights of third parties. The entire risk as to the quality and performance of the CHARP Art Care Web Application is borne by you.

LICENSOR shall not be liable for any loss or any direct, indirect, special, incidental, liquidated or consequential damages or other liability incurred by you in connection with the CHARP Art Care Web Application licensed by LICENSOR under this Agreement or arising out of any performance of this Agreement, whether such damages are based on contract, tort or any other legal theory (including but not limited to damages to third parties, loss of profits or loss of contracts). LICENSOR’s total liability to you shall in no case exceed the amount of 10.000 EUR.

Notwithstanding the foregoing, the liability of LICENSORS shall not be limited to the extent that such limitation is not permitted by law or to the extent that damages are caused by wilful misconduct of LICENSOR.

Article 8 - Indemnification

You will indemnify, defend and hold harmless LICENSOR, its directors, officers, employees and agents from and against all liability, losses, damages and expenses (including attorney's fees and costs) arising out of any claims, demands, actions or other proceedings made or instituted by any third party against any of them and arising out of or relating to any breach of this Agreement by you, or any use or disclosure of the CHARP Art Care Web Application by you, unless such claims or liability result from LICENSOR’s willful misconduct.

Article 9 - Privacy Statement

LICENSOR (“we”) thinks your privacy and the protection of your personal data are important. This Privacy Statement intends to provide you with clear and transparent information on how we deal with your personal data. We treat your personal data with care and we only process these in compliance with the applicable legislation, including the General Data Protection Regulation.

In the framework of the agreement we process the following personal data about you:

We process your personal data for the purpose of providing you access to the CHARP Art Care Web Application.

We may share your data with contracted service providers for the purpose of providing you access to the CHARP Art Care Web Application and to improve it. In this regard, we specifically reserve the right to use your information for market research and customer satisfaction purposes or for the development of services/products, where appropriate involving third parties. Furthermore, this data will allow us to send newsletters to you electronically on the continued development of the CHARP Art Care Web Application.

We will not transfer your personal data to any other third party without your written consent.

Your personal data shall be kept confidential and LICENSOR provides all reasonable physical, electronic, and procedural safeguards to protect your personal data. We take all appropriate measures to safeguard and prevent unauthorized access to your personal data, including appropriate identity management measures, pseudonymisation and anonymization where possible, encryption where needed, informing and training our employees, and regular monitoring and evaluation of our security measures.

We shall store and process your personal data no longer than reasonably required by business necessity to meet the purposes for which your personal data were collected.

You have the right to contact us to request access to your personal data or to request correction of inaccurate data or completion of incomplete data. In accordance with the conditions of applicable law, you may object to our processing of your personal data and request that we delete your personal data or restrict processing of your personal data when there is no longer a legitimate purpose for doing so. You may make any of these requests by contacting the Data Protection Officer of KU Leuven by e-mail at privacy@kuleuven.be or in writing at DPO KU Leuven, Krakenstraat 3 - box 5516, 3000 Leuven. In case you object to the processing of your data, please be aware that no further contractual relation is possible, and that you cannot continue to use the CHARP Art Care Web Application.

If you have a complaint about our processing of your data or the exercise of your rights, you can contact us directly, but you also have the right to file a complaint with the Data Protection Authority or the competent court. Any changes to this Privacy Statement will be announced on this website. The last version dates from 1 April 2020.

If you want to know more about KU Leuven’s privacy policy, go to https://admin.kuleuven.be/privacy/en/kuleuven-privacy-policy.

Article 10 - Term

10.1 This Agreement is effective from the Effective Date and will terminate upon your prior written request or immediately without notice from LICENSOR if you fail to comply with any provision of this Agreement. Upon termination, you will no longer have access to the CHARP Art Care Web Application. This Agreement will end automatically upon removal of the CHARP Art Care Web Application by LICENSOR from the relevant website or by deactivation of your account by LICENSOR, unless otherwise notified in writing by LICENSOR.

10.2 In case of termination the provisions of Article 3, 4, 5, 7, 8, 9 and 12 shall remain in full force and effect.

Article 11 – Miscellaneous

11.1 Any notice authorized or required to be given to LICENSOR under this Agreement shall be in writing and shall only be deemed to be duly given if sent by registered post to: Paul Van Dun, KU LEUVEN RESEARCH & DEVELOPMENT, Waaistraat 6, box 5105, 3000 Leuven.

11.2 The terms and conditions herein contained constitute the entire agreement between the Parties and supersede all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter thereof. LICENSOR may update these term & conditions at any time by giving you prior notice through e-mail or other means. Continued use of the CHARP Art Care Web Application after such notice shall constitute acceptance of such new terms and conditions.

11.3 Should any (part of a) provision of this Agreement become invalid, illegal or unenforceable, it shall not affect the validity of the remaining (part of the) provision(s) of this Agreement. In such a case, the Parties concerned shall be entitled to request that a valid and practicable provision be negotiated which fulfils the purpose of the original provision and the intent of the Parties.

Article 12 - Disputes

In the event of disputes in the interpretation and/or performance of this Agreement, the parties shall first undertake to settle their differences amicably. If no amicable settlement can be reached concerning the execution and/or interpretation of this Agreement, such conflict shall be brought before the courts of Leuven and Belgian Law shall be applicable, excluding its conflict of law provisions.