THIS IS A CONTRACT. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. Acceptance of this Agreement is expressly limited to the terms of this Agreement and no different or additional terms contained in any purchase order, confirmation, or other writing or electronic communication will have any force or effect. IF YOU DO NOT WISH TO ENTER INTO THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
Grant of License
We grant you a non-transferable, non-exclusive license to use the Software on the Authorized Computer for the Evaluation Period and for the sole purpose of evaluation. You may also make backup copies of the Software for archival purposes. This license is granted free of charge. Your licensed use will be effectuated by your download of the Software onto your Authorized Computer, and our issuance to you of an access key registered to the Authorized Computer, which will be set to expire at the end of the Evaluation Period.
You are not permitted to:
You may terminate this Agreement at any time by removing the Software and all copies of it. Otherwise, this Agreement will terminate at the expiration of the Evaluation Period. At the end of the Evaluation Period, the Software will automatically become inoperable. Consequently, care should be taken that the Software is not used for any production purposes or mission critical matters.
If you desire to continue using the Software after the Evaluation Period, you will be required to purchase a full-use license. If you choose not to purchase a full-use license after the Evaluation Period, you are required to remove the Software and all copies of it. At your request, we may permit you to extend your right to evaluate the Software by issuing you a new access key, in which case the Evaluation Period and this Agreement will correspondingly extend.
To use the Software, you understand and agree that the Authorized Computer must have the following operating environment:
*RedHat: Enterprise 3,4; Ubuntu 7.10; SUSE 10; inquire about others
†PostgreSQL 8.1, 8.2
‡OEChem 1.4, 1.5
YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING THE SOFTWARE "AS-IS." YOUR USE OF THE PRODUCT WILL BE AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Under no circumstances will gNova be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind, including without limitation, damages for lost profits or revenue, business interruption, loss of data, computer failure or malfunction, or any other commercial damages or losses, whether foreseeable or not.
You understand and agree that this license does not include the right to receive maintenance, support or upgrades. At our sole discretion, we may provide you with limited support.
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth in this License Agreement.
We retain all rights, title and interest embodied in or associated with the Software. No title to or ownership in these items is conveyed to you or any third party. The Software is protected by the copyright laws of the United States and international copyright treaties. The Software is furnished to you on a confidential basis. You must use and maintain all copies of the Software under strict security and confidentiality.
This Agreement (a) imposes no obligation on either party to purchase, license or otherwise dispose of any technology, services or products; (b) does not create any agency, partnership or joint venture; (c) embodies the entire understanding between the parties pertaining to the subject matter hereof, and any additions or modifications to this Agreement must be made in writing and signed by both parties; (d) is not assignable or delegable in whole or in part without the written consent of the parties; (e) will inure to the benefit of and be binding upon the parties, their successors, and permitted assigns; (f) cannot be waived by failure to enforce any provision hereof, except in writing; (g) will be construed according to the laws of the state of California, USA, without giving effect to its conflict of laws provisions and (h) will be construed as severable, so the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provisions of this Agreement.