License Agreement for ProSa II/2003
By clicking the acceptance button or installing or using this software, the individual or entity licensing the software ("Licensee") is consenting to be bound by and is becoming a party to this agreement. If Licensee does not agree to all of the terms of this agreement the Licensee must not install or use the software.
1. LICENSE AGREEMENT
This is a license between you ("Licensee") and the Center of Applied Molecular Engineering (hereafter referred to as "Licensor"). The software is owned by the Licensor and protected by copyright laws, and some elements are protected by laws governing trademarks, trade dress and trade secrets, and may be protected by patent laws.
2. LICENSE GRANT
The Licensor grants you, and you hereby accept, a non-exclusive license to install and use the ProSa software together with any associated media, printed materials, and on-line or electronic documentation (if any) provided by the Licensor (collectively, the "Software"), subject to the following terms and conditions:
The Software will be used solely for educational purposes or for basic research intended to advance scientific knowledge. ProSa will not be used for any other purpose, including without limitations,
- in research for the purpose of developing a commercial product,
- in research sponsored directly or indirectly by a commercial institution, or
- to provide consulting services.
A license key is needed for each individual computer the Software is used on. You specifically acknowledge that you will not modify the license nor change the configuration of your computer system(s) to affect the license in any way.
3. PROPRIETARY RIGHTS
Title, ownership rights, and intellectual property rights in the Software shall remain with the Licensor. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with the Licensor's ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives Licensee no rights to such content.
4. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, THE LICENSEE AND NOT LICENSOR ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
5. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.