COSMOquick Demo License Agreement

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING/USING THE COSMOquick SOFTWARE PACKAGE.

he license granted herein is being granted pursuant to request by the LICENSEE for the receive of the COSMOquick Demo software package (the PRODUCT) to be used by a defined group of USERS, see below.

BY INSTALLING/USING the PRODUCT YOU (LICENSEE OR USER) ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. YOU AGREE TO ENSURE THAT ONLY BENEFICIAL USERS HAVE ACCESS TO THIS INSTALLATION OF THE PRODUCT. IF YOU DO NOT ACCEPT OR AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT CONTINUE WITH THE INSTALLATION/USE.

The PRODUCT consists of:

  1. COSMOfrag executables (DEMO version)
  2. COSMOquick executables (DEMO version)
  3. COSMOtherm parametrization files
  4. COSMO compound files delivered with the program and the COSMOfrag database CFDB
  5. manuals, documentation, examples
  6. related software, binaries, libraries, archives and other files installed with COSMOquick. This includes, but is not limited to COSMObasics, COSMOfrag.

If not stated otherwise in an additional written and signed license agreement, the following regulations apply:

OWNERSHIP
Ownership of, and title to the PRODUCT shall be held by COSMOlogic. Ownership of, and title to parts of TmoleX Client belong to TURBOMOLE GmbH. If a writ is issued against COSMOlogic for copyright infringement, COSMOlogic will defend the case to the best of its ability. If COSMOlogic loses, it will make all best efforts to buy the rights from the owner. If unsuccessful, COSMOlogic agrees to refund license fees paid by LICENSEE.

USE OF PRODUCT
The use of the PRODUCT is restricted to USERS associated to LICENSEE, this might be employees, workgroup members, guest researchers, students or similar dependencies.

COSMOlogic grants the USERS the right to use the PRODUCT within the limitation of this agreement. This right is non-exclusive and non-transferable.

The use of the PRODUCT is explicitely allowed to all students of one university or educational institution.

It is not allowed to

  1. rent, sub-license, or lease the PRODUCT or parts of it.
  2. make the PRODUCT or parts of it available to user outside the above defined group of USERS, by uploading the software to the Internet, by giving away copies of the PRODUCT, or any other means.
  3. alter, modify, or adapt the product or documentation, or portions thereof including, but not limited to, translation, decompiling, disassembling.
  4. use this product for scientific research or scientific publications including but not limited to posters, articles, web pages, talks and presentations.
  5. use the PRODUCT for the development of commercial products or to aid any commercial purpose.

It is explicitly allowed to

  1. Copy and print the documentation for internal purposes
  2. Install and use the PRODUCT for teaching purposes on publicly usable computers
  3. Give copies to interested students inside the defined group of users
  4. Produce teaching material including partial copies of the documentation
  5. Use results for educational purposes

LIMITATION OF WARRANTIES AND LIABILITY
COSMOlogic guarantees that the PRODUCT has been checked for viruses, trojan horses, etc. by a regularly updated virus protection program. COSMOlogic warrants that the PRODUCT has been worked through carefully in order to ensure functionality of software and calculation types as described in the manual. Nevertheless, it is impossible to ensure that a complex software package behaves correctly in every situation. Therefore, COSMOlogic makes the following limitation of warranty and liability: The PRODUCT is provided on an "AS IS" basis, without any other warranties, or conditions, express or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing. The entire risk as to the results and performance of the product is assumed by the user. COSMOlogic shall not have any liability for any direct, indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or profit, lost or damaged data or other commercial or economical loss, even if we have been advised of the possibility of such damages or they are foreseeable; or for claims by a third party. COSMOlogic's maximum aggregate liability shall not exceed the amount paid for the license. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach.

GENERAL
This license shall be governed by and constructed in accordence with the laws of the Federal Republic of Germany. Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and as equivalent as possible to the intended meaning. The rest of the agreement shall remain unaffected and valid. The rights and obligations regulated in this agreement are permanent, unless restricted otherwise.