Terms and conditions
By accessing, downloading and/or otherwise using the materials or information provided on https://fenomark.com/ (“Materials”) by FenoMark Diagnostics AB (“FenoMark”), you (the customer of FenoMark using https://fenomark.com/) agree to the terms in this disclaimer.
FenoMark Materials. FenoMark retains all right, title, and interest in and to the Materials. You have non-exclusive, non-transferable, non-sublicensable, revocable right to download and use the Materials solely for your internal business purposes in connection with your use of FenoMark’s products and/or services.
No Warranties. All Materials are provided for free-of-charge and on an “as is” basis, and any warranty of any kind, including all implied warranties, including, without limitation, warranties of merchantability, non-infringement or fitness for a particular purpose, is hereby explicitly excluded. For clarity, FenoMark does not warrant that the Materials are error-free or that any errors will be corrected.
No Disclosure. You may not in any manner disclose, distribute or otherwise transfer any Materials, or any part thereof, to any other person or entity at any time, nor make any use of the same for any other purpose than your internal business. You agree to protect the Materials by using at least the same degree of care as you use to protect its own confidential information of a like nature, but no less than a reasonable degree of care, taking due account of the value of the Materials in FenoMark’s business operations, now and going forward.
No liability. You acknowledge that the materials are provided free-of-charge, that you have the sole responsibility for your, and any of your employees’, use of the Materials and the entire risk as to satisfactory quality, performance and accuracy of the Materials is yours. Therefore, FenoMark shall not be liable for any damages, of any kind, no matter how caused and on any theory of liability, related to your use of the Materials.
Governing Law and Disputes. This disclaimer shall be construed in accordance with and be governed by the laws of Sweden, without any reference to its conflict of law principles. The applicability of the United Nations Convention on contracts for the International Sale of Goods (CISG) shall be excluded. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “Institute”). The arbitral tribunal shall be composed of one arbitrator to be appointed by the Institute. The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless agreed otherwise. Nothing herein prevents either Party, at any time, from seeking any urgent interlocutory or interim relief from a court of competent jurisdiction in relation to any matter that arises under this Agreement.