End user agreement for CASC concentration calculator
IMPORTANT: READ THESE TERMS BEFORE COMPLETING INSTALLATION OF THE EBAS SOFTWARE.
The CASC software (the "Software") is not freeware. The Software you are installing is an unregistered trial version, whith some options disabled, which can be turned into a fully registered copy. As such, you may evaluate the Software for a maximum period of thirty (30) days after installation. If, after that time, you decide to continue using it, you must register it by paying a registration fee to BPP. For more details concerning the Software and the license fees associated with registration of Software please see the registration information included with this installation package or visit the BPP online web site at: www.chembuddy.com
This CASC Software License Agreement ("Agreement") is between you (either an individual or an entity) and BPP. By installing and/or using the Software, you agree to be bound by the terms of this agreement.
"Registered Users" are users of the Software who have received Registration Key and a single user license from BPP.
"Site Licenses" are sites using the Software that have received Registration Key and a site license from BPP.
"Registration Key" is a registration code provided by BPP in return for your payment to BPP of the applicable Software license fees.
"Registered Software" is that Software for which BPP has supplied Registration Key to the user of the Unregistered Software.
"Unregistered Software" is the evaluation only copy of the Software that has no Registration Key.
Under the terms of this license you may:
1.1.Use the Unregistered Software on any number of computers at any one time; and
1.2.Copy and distribute verbatim copies of the Unregistered Software, in any medium, provided that you do not modify it in any fashion, keep intact all the notices that refer to this License and to the absence of any warranty, and do not pass on any User Registration Key which you have received. If you distribute copies of the Software, you shall not charge anything except the cost of the media and a fair estimate of the costs of computer time or network time directly attributable to the copying.
1.3. Registered Users are granted a non-exclusive, nontransferable license to use one copy of the Registered Software on only a single computer at any one time. The Registered Software is "in use" when it runs. The Registered Software is not "in use" when it is installed but not running.
1.4.In the case of a Site License, all terms of the agreement except 1.3 apply. The purchase of a Site License grants a non-exclusive nontransferable license to use as many copies of the Registered Software on as many computers physically located at the licensed site, as stated is the Registration Key issued for the licensed site.
You shall not:
2.1.Use, copy, modify, translate or merge the Software except as provided in this agreement;
2.2.Reverse-engineer, dissasemble, or decompile the Software;
2.3.Sublicense, rent, lease, sell or assign any portion of the Software;
2.4.Transfer, provide or make available the Software to any other party except as provided for in section 1.2; or
2.5.Transfer Registration Keys to any other party without the express written permission of BPP.
OWNERSHIP OF SOFTWARE.
The Software is owned by BPP and is protected by Polish Copyright laws, international copyright treaty provisions and trade secret laws. You shall treat the Software like any copyrighted material. Except for the limited license granted in this Agreement, all right, title and interest in and to the Software shall remain with BPP.
DISCLAIMER OF WARRANTY.
Except as expressly stated above, the Software is provided "AS IS." You shall be entirely responsible for the selection of the Software and for the installation of, use of, and results obtained from, the Software. ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND WRITTEN MATERIALS ACCOMPANYING THE SOFTWARE, ARE EXCLUDED FROM THE LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
NO LIABILITY FOR DAMAGES.
IN NO EVENT SHALL BPP BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF BPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCEPTING THIS LICENCE YOU AGREE TO THE FACT THAT IT IS YOUR RESPONSIBILITY TO CHECK IF THE RECIPES FOR SOLUTION PREPARATION ARE CORRECT AND THAT THE ORDER OF SUBSTANCES MIXING IS SAFE. BPP'S TOTAL LIABILITY TO YOU, WHETHER BASED IN CONTRACT OR TORT, WILL IN NO EVENT EXCEED THE SOFTWARE LICENSE FEES PAID BY YOU TO BPP. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.