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End User Software License Agreement for Spartan Molecular Database, Spartan

Spectra and Properties Database, Spartan’14, Spartan’14 Parallel Suite

If you or your agent USE or INSTALL this SOFTWARE, you thereby accept the terms
and conditions of this License Agreement and become the “Licensee”.
Definitions. “SOFTWARE” refers to the Spartan program, the SSPD, and any other
material on the enclosed DVD-ROM or in the downloaded install file, any and all
enclosed documentation; “USE” consists of loading the software/database into
computer memory or running it in a CPU; “INSTALL” means to copy the software to a
hard disk drive or other storage device.
1. License Grant and Restrictions. Licensee does not receive title to the
SOFTWARE. Licensee is granted a non-exclusive license to USE the SOFTWARE
subject to the restrictions and terms set forth in this Agreement. If access code
activated, Licensee’s USE of the SOFTWARE is restricted to the computer and type of
operating system that the SOFTWARE is first installed and activated on. If hardware
key (“dongle”) activated, Licensee may USE the SOFTWARE on only one computer at
a time. The SOFTWARE may not be altered, reverse engineered, or transferred to a
third party. Virtual Servers: Individual licenses of Spartan are not supported for
virtual machines. It is highly recommended that the license server for network
licenses be installed on a physical server, rather than a virtual machine/server.
Cloning the license server may result in disabling the Spartan license. It is a DIRECT
VIOLATION of the license agreement to install a single license on a Virtual Server
and serve the license to MORE THAN ONE USER, or to clone licensing to provide
additional access beyond the number of seats licensed.

2. Unauthorized USE, Compliance, and Communication of License


Agreement. The Licensee agrees to communicate the terms and restrictions
contained in this License Agreement to all persons under his or her direction, control,
or employment. The Licensee will use all reasonable efforts to ensure that students,
employees, agents, or other persons under the direction or control of the Licensee
abide by the terms and conditions of this License Agreement. It is not legal to use
or provide content from: Spartan Tutorial & User Guide, FAQ’s, Guide to
Molecular Mechanics and Quantum Chemical Calculations (or other
Wavefunction content) without written consent from Wavefunction, Inc.

2. Unauthorized USE, Compliance, and Communication of License


Agreement. The Licensee agrees to communicate the terms and restrictions
contained in this License Agreement to all persons under his or her direction, control,
or employment. The Licensee will use all reasonable efforts to ensure that students,
employees, agents, or other persons under the direction or control of the Licensee
abide by the terms and conditions of this License Agreement.
3. General Provisions and 30-Day Limited Warranty. Wavefunction warrants
that the SOFTWARE shall reasonably conform to the standards defined in the
accompanying manuals and computer-aided instructions. Wavefunction does not
warrant that the SOFTWARE will operate uninterrupted or error-free. The sole and
exclusive remedy for a failure of the SOFTWARE to perform in accordance with the
accompanying documentation is for the Licensee to return the SOFTWARE to
Wavefunction and to notify Wavefunction in writing of the nonperformance within 30
days of the purchase. Wavefunction’s sole obligation shall be to provide the Licensee
with a full refund of the purchase price after receiving the returned SOFTWARE and
the notification of nonperformance.
4. Disclaimer of Other Warranties. The Limited Warranty set forth in paragraph
three (3) is in lieu of any other warranties. The implied Warranty of Merchantability
is limited. Wavefunction disclaims any implied warranty including, but not limited to,
any implied warranty of fitness for a particular purpose or merchantability.
Wavefunction disclaims all warranties including, but not limited to, warranties
provided by distributors and retailers of the SOFTWARE. In states which do not allow
limitations on implied warranties, the above limitation may not apply.
5. Licensee Responsibility, Limitation of Liability. The Licensee is solely
responsible for the selection of the SOFTWARE to achieve the Licensee’s intended
results or for particular applications. In no event shall Wavefunction, Inc. be liable to
Licensee for any special, indirect, incidental or consequential damages arising from
the USE of the SOFTWARE or accompanying documentation and content however
caused and on any theory of liability. Wavefunction, Inc.’s liability shall, in no event,
exceed the price actually paid by the Licensee for the USE of the SOFTWARE. The
Licensee acknowledges that the license fee reflects this allocation of risk. Some
states do not allow the exclusion or limitation of incidental or consequential
damages, so the limitation of exclusion included in this License Agreement may not
apply to certain Licensees.

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