END-USER LICENSE AGREEMENT FOR CHEMAXON'S PRODUCTS
January 16, 2004
This End-User License Agreement ("EULA") for ChemAxon's software ("SOFTWARE PRODUCT") is a legal agreement between you (either an individual or an entity) and ChemAxon Ltd. and its suppliers. You may install the SOFTWARE PRODUCT on the single computer or on the nodes of computer networks for which ChemAxon provided the license, as set forth on the applicable license addendum, purchase order, or other documentation.
You agree that your use of the SOFTWARE PRODUCT acknowledges that you have read this license, understand it, and agree to be bound by its terms and conditions.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
This EULA applies to all products of ChemAxon.
1. GRANT OF LICENSE
molconvert. (Other usages of Marvin Beans or JChem are not free of charge.)
In addition to the rights granted above, ChemAxon grants you the right to use and modify the example files provided with the SOFTWARE PRODUCT designated as "Examples" for the sole purposes of designing, developing, and testing your software product(s).
YOU MAY NOT:
2. SUPPORT SERVICES
ChemAxon may provide you with support services related to the SOFTWARE PRODUCT. Support Services include free downloading of upgrades and technical support by e-mail or phone. Use of Support Services is governed by ChemAxon policies and programs described on ChemAxon' s Internet sites (www.chemaxon.com, www.jchem.com) or in other materials provided by ChemAxon. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and is subject to the terms and conditions of this EULA.
Upgrades can be downloaded from ChemAxon's Internet site (www.chemaxon.com).
You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer.
This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this EULA. This license will terminate if you fail to comply with any of its terms or conditions. You may terminate it at any time by destroying your copies of the SOFTWARE PRODUCT. You agree, upon termination to destroy all copies of the Product. Without prejudice to any other rights, ChemAxon may terminate this EULA if you fail to comply with the terms. The provisions of this EULA that protect the proprietary rights of ChemAxon and the LIMITATIONS OF WARRANTIES will continue to be in force even after any termination. Upon termination, ChemAxon may also enforce any rights provided by law.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, text, and applets incorporated into the SOFTWARE PRODUCT) are the proprietary products of ChemAxon and are protected by copyright law. You acquire only the right to use the SOFTWARE PRODUCT and do not acquire any rights of ownership. You acknowledge that the SOFTWARE PRODUCT in source code remains a confidential trade secret of ChemAxon. ChemAxon may have trademarks, copyrights, or other intellectual property rights covering the SOFTWARE PRODUCT. You are not granted any license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided herein. ChemAxon reserves all rights not expressly granted.
5. LIMITATION OF WARRANTIES AND LIABILITY
The SOFTWARE PRODUCT is provided on an "as is" basis, without any other warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise. the entire risk as to the results and performance of the product is assumed by you. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages, or they are foreseeable. We are also not responsible for claims by a third party. Our maximum aggregate liability to you and that of our dealers and suppliers shall not exceed the amount paid by you for the product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.