The objective is to centralize all the available Scripts on the Synthera® Library of Compounds: IBA commercially available scripts as well as the Scripts developed by other Synthera® Users in order to accelerate the development of new tracers on the Synthera® Library of Compounds. In this way, IBA hopes that Synthera® Users will save time, manpower and money in new compounds development.
The Synthera® Library of Compounds is reserved to Synthera® Users. User has to provide details to register. IBA will verify the information to authenticate the registration. Once the registration is authenticated, User’s account will be activated. Password may be changed by User after login. IBA reserves the right to deny User's registration.
All IBA commercially available Scripts for the commercial radiotracers should be available on the Synthera® Library of Compounds, such as FDG, NaF, FCH, FLT, FMISO and 68Ga-peptides and many others to come. IBA commercial Scripts will be uploaded by IBA and will be tagged “IBA commercial script”. IBA commercial Scripts were optimized by IBA and consumable ready-to-use are available at our suppliers (ABX, HIC and/or Rotem) but their installation, use, and maintenance is under Synthera® Users’ responsibility. User can contact IBA for a service quote should it need installation, training or hot runs related services..
NB: Scripts available for Synthera® V1 ARE NOT directly compatible for Synthera® V2 and Synthera®+. Scripts available for Synthera® V2 ARE NOT directly compatible for Synthera® V1 or Synthera®+. Synthera® V1 is a discontinued item. No support is provided for this module. Synthera® V2 is not on sales any more but services continue. Scripts conversion is under User’s responsibility
Other Synthera® Users can upload Scripts as well. Such Scripts will then be verified by IBA before they are published and made available for download on the Synthera® Library of Compounds (valid script). Verified means that IBA will just verify the structure of the Script but the Script will not be tested nor approved by IBA, nor can IBA guarantee that the available Scripts developed in-house have been optimized by User. User can under his own responsibility change, improve and optimize the Script. The radiopharmacy facility name/site and country where the Script was developed will be automatically published on the Synthera® Library of Compounds. User is free to provide or not contact details for further discussion among Synthera® Users.
General Terms and Conditions
This web-based platform (the “Synthera® Library of Compounds”) aims to create an official Synthera® Users community for sharing and exchanging radiochemistry application protocols and sequences developed by IBA and/or IBA Synthera® Customers for Synthera® (including any information related thereto or provided under the Synthera® Library of Compounds, the “Scripts”) and to give access thereto to all IBA Synthera® Customers (including IBA, together the “Synthera® Users”) in order to facilitate the development by Synthera® Users of new tracers on Synthera® and Synthera®-related automated modules. Use of the Synthera® Library of Compounds implies full acceptance and consent to the terms set out herein.
Any User provider of Scripts hereunder (then acting as a “Licensor”) hereby grants the other Synthera® Users (then acting as a “Licensee”) a free, non-exclusive, non-transferable, non-sublicensable license to use, adapt, modify such Script in whole or in part, for either commercial or non-commercial purposes, provided it is to be used on a Synthera® and in accordance with the terms hereof.
Disclaimer of Warranty and Liability
Each User represents and warrants that it has the unqualified right to disclose, transmit and otherwise dispose as provided hereunder of the Scripts disclosed by it hereunder. LICENSEE ACCEPTS THE LICENSE MADE AVAILABLE BY LICENSOR, THE SCRIPTS, AND THE Synthera® Library of Compounds MADE AVAILABLE BY IBA ON AN "AS IS" BASIS. IN PARTICULAR, EACH USER UNDERSTANDS THAT THE Synthera® Library of Compounds AND/OR THE SCRIPTS MAY STILL BE UNDER DEVELOPMENT AND THEREFORE MAY NOT OPERATE AS INTENDED IN ALL SITUATIONS. EACH OF LICENSOR AND IBA MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TOPICALITY, ACCURACY, COMPLETENESS, QUALITY OR RELIABILITY, WARRANTIES WITH RESPECT TO THE CONDUCT, COMPLETION, SUCCESS OR PARTICULAR RESULTS, OR THE CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SCRIPTS, OR THE Synthera® Library of Compounds. LICENSEE SHALL BEAR ALL RISK TO LICENSEE OR ANY OTHERS RESULTING FROM LICENSEE’S USE OF THE SCRIPTS (including risks related to quality of the finished product, any potential regulatory issues or appropriate authorizations of any kind to be obtained to produce, use, distribute, inject the finished product in humans) OR THE Synthera® Library of Compounds (IBA, as Synthera® Library of Compounds provider, does not warrant that the Synthera® Library of Compounds will be constantly available, or available at all. Nothing on Synthera® Library of Compounds constitutes, or is meant to constitute, advice of any kind. Synthera® Library of Compounds’s content might be extended, changed or deleted, in all or in part, at any time without separate announcement. IBA is not responsible for any contents linked or referred to from the Synthera® Library of Compounds).
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IBA NOR LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUE, loss of reputation or goodwill, or loss or corruption of information or data) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SCRIPTS OR THE Synthera® Library of Compounds, WHATEVER BE THE BASE THEREFORE, AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Synthera® Library of Compounds, each User explicitly and unambiguously consents to the collection, use and transfer, by IBA, in electronic form or otherwise, of the data (the "Data") which are useful or necessary for the purpose of (i) implementing, administering and managing the Synthera® Library of Compounds (eg login management, customization of website according Synthera® Users interests), (ii) creating a virtual collaboration network among Synthera® Users, and (iii) understanding Synthera® Users background and needs in order to improve IBA products and services (which may imply contacting Synthera® Users occasionally for market research purposes). These Data are notably contact details of Synthera® Users, of its Synthera®, and its use thereof.
IBA will ensure User’s privacy is protected. Each User may, at any time, by contacting IBA, access and view the Data relating to him/her, require any necessary amendments to the Data, or refuse or withdraw his/her consent. The refusal or withdrawal of consent may affect the User’s ability to access the Synthera® Library of Compounds.
Severability - Illegal/Unenforceable Provisions
If any provision hereunder shall be held by a court of competent jurisdiction to be invalid, void or unenforceable, (i) this provision shall be construed in all respects as if replaced with a valid and enforceable provision as similar as possible to the one replaced and the other provisions hereof shall continue in full force and effect, and shall not be invalidated, impaired or otherwise affected and (ii) the validity and enforceability of that provision in any other jurisdiction will not be affected.
Applicable Law and Jurisdiction
These terms are subject to, and shall be construed in accordance with, the laws of Belgium, excluding the conflict of law rules thereof. Any dispute or claim arising out of or in connection herewith, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be shall first be resolved by way of negotiation, and if no agreement can be reached within a reasonable delay, shall be subject to the exclusive jurisdiction of the competent Court of Brussels, Belgium.