DELIVERABLES. The term
"SOFTWARE" shall mean the computer programs, associated
data files, and support material including, but not limited to,
documentation, manuals, specifications, and training materials
related thereto.
EDUSOFT shall deliver SOFTWARE at no
charge to USER for the sole purpose of evaluating the capabilities
and compatibility of the SOFTWARE. EDUSOFT shall provide full
support during the evaluation period. USER's right to use the
SOFTWARE is nontransferrable and nonexclusive and shall be limited
solely to USER's evaluation at USER's location and address
specified above or as otherwise stated in this Agreement. USER must
pay shipping and handling import duties if applicable.
OWNERSHIP AND CONFIDENTIALITY.
EDUSOFT retains title and full ownership rights to SOFTWARE and
SOFTWARE is asserted to be EDUSOFT's proprietary information and
trade secret. USER shall make no copies of SOFTWARE. SOFTWARE and
any other written material provided by EDUSOFT shall be held in
confidence by USER, using at least the same care USER provides for
USER's own proprietary information. This information may be
disclosed only to employees of USER involved in the evaluation.
USER shall appropriately notify each employee to whom any such
disclosure is made that such disclosure is made in confidence and
shall be kept in confidence by the employee. USER shall take
whatever steps are necessary to assure that each employee keeps
such confidence.
The
obligations of USER shall not apply to any information which it can
be demonstrated:
has
become part of the public domain other than by acts or omissions
of USER;
has been
made known to USER by third parties which have a valid legal right
to make such disclosure and are not under a confidentiality
obligation to EDUSOFT; or
was in the possession of USER prior
to disclosure by EDUSOFT and was not acquired directly or
indirectly from EDUSOFT.
This obligation of confidentiality shall
remain in effect regardless of the termination of this Agreement
until SOFTWARE becomes part of the public domain.
RESTRICTIONS. USER shall not
(i) permit any third party to use SOFTWARE; (ii) modify or change
SOFTWARE; or (iii) decompile, disassemble or otherwise reverse
engineer SOFTWARE.
USER acknowledges that if problems are
encountered with any host software (e.g., Sybyl or InsightII)
during evaluation, USER will notify EDUSOFT of the problems and
attempt to isolate HINT-related, Molconn-Z-related and/or
HASL-related problems from problems that are wholly related to the
host software by recreating the problem with the original
environment. The producers and distributors of host software
programs (Tripos, Inc., Accelrys, etc.) have no responsibility for
the EDUSOFT software or potential problems caused by the HINT,
Molconn-Z and/or HASL installation, nor do they endorse said
software.
SOFTWARE may not be used to create data
(e.g., LogP, topological indices, etc.) that is stored in a
database for later (i.e., after evaluation) use.
DISCLAIMERS. SOFTWARE is
provided for evaluation purposes only. Accordingly, EDUSOFT does
not warrant that SOFTWARE will meet USER's requirements or that its
use will be uninterrupted or error free. THE SOFTWARE LICENSED
HEREUNDER IS LICENSED "AS IS" AND EDUSOFT MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. The entire risk as to the quality and performance of
SOFTWARE is with Licensee (USER). EDUSOFT SHALL HAVE NO LIABILITY
WITH RESPECT TO ITS OBLIGATIONS UNDER THIS TRIAL LICENSE AGREEMENT
OR OTHERWISE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
COMPLETION OF EVALUATION. Upon
completion of the evaluation, USER shall: (1) acquire from EDUSOFT
a license to continue using SOFTWARE; or (2) destroy all copies of
SOFTWARE and all data derived from software trial, including backup
copies, and return any documentation and software distribution
media supplied by EDUSOFT and notify EDUSOFT in writing that such
actions have been completed.
EXPORT. USER will not export
from the United States or reexport from anywhere any part of the
SOFTWARE.
USER:
_____________________________________________________
(Authorized Signature for USER)
Printed Name:
Title:
Date:
EDUSOFT: (Please notify us if you
need a representative of EduSoft, LC to sign and return a hardcopy
of this form.)
______________________________________________________
(Authorized Signature for EDUSOFT)
Printed Name:
__________________________________________________
Title:
_________________________________________________________
Date:
__________________________________________________________
The following system information is to
be Completed by USER to enable license key creation:
SGI/Irix System (Molconn-Z, HintLogP,
Toolkits, HASL):
- hostname:
-
CPU type (use hinv):
-
/etc/sysinfo -s
Intel/Linux (Molconn-Z, HintLogP and
Toolkits only):
- hostname:
-
Hostid output from hostid_linux:
-
(you
must download this program to get this information:right click/save
link target as)
Sun/Solaris (Molconn-Z, HintLogP and
Toolkits only):
- hostname:
-
Hostid output from hostid_solaris:
-
(you
must download this program to get this information:right click/save
link target as)
Macintosh/OS X (Molconn-Z, HintLogP and
Toolkits only):
- Hostname
output from hostid_macosx (run in
shell):
-
Hostid output from hostid_macosx
(run in shell):
-
(you
must download this program to get this information:right click/save
link target as)
Intel/Windows2000 (Molconn-Z, HintLogP and
Toolkits only):
- Hostname
output from host_win.exe (run in console
or MS-DOS shell):
-
Hostid output from host_win.exe
(run in console or MS-DOS shell):
-
(you
must download this program to get this information:right click/save
link target as)
Modeling Host Software/Media:
- SYBYL
Release (HASL):
-
(Tape) Media:
User Contact/Shipping Instructions:
- User
Contact:
-
Phone:
-
Fax Number:
-
EMail:
-
Shipping Address:
-
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