TURBOMOLE Test Use Agreement
COSMOlogic GmbH & CoKG, Leverkusen, Germany ("CL"), the licensor of TURBOMOLE, IS WILLING TO LICENSE THE QUANTUM CHEMISTRY SOFTWARE PACKAGE TURBOMOLE TO YOU (“CUSTOMER”) ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS TEST USE LICENSE AGREEMENT (“Agreement”).
PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
- Results obtained by the DEMO or evaluation version of TURBOMOLE shall not be used for production runs, and shall not be published or used for any kind of publication.
- CL hereby grants to CUSTOMER a non-exclusive and non-transferable right to use a DEMO version of TURBOMOLE and its related materials (collectively "TURBOMOLE") free of charge for internal evaluation purpose on any computer of CUSTOMER for two (2) months after download of TURBOMOLE by CUSTOMER ("Evaluation Period").
- CUSTOMER may not make any changes, modification or enhancements to TURBOMOLE without prior written approval of CL.
- CUSTOMER may not decompile or reverse engineer TURBOMOLE.
- CUSTOMER is allowed to make as many copies of TURBOMOLE as required for the evaluation. Such copies shall be the property of CL. The CUSTOMER shall not alter any copyright and other property notices of TURBOMOLE and shall affix such copyright and property notices to the copies thereof.
- CUSTOMER shall keep any information contained in or relating to TURBOMOLE in strict confidence and shall not make TURBOMOLE available in any manner to any third parties or to employees of CUSTOMER except to such employees as have a need to use TURBOMOLE for the purpose of this Agreement. This provision shall survive to expiration of this Agreement.
- Originally TURBOMOLE is a development of the University of Karlsruhe and of the Forschungszentrum Karlsruhe GmbH. Since June 2007 TURBOMOLE is developed and its rights are held by TURBOMOLE GmbH.
- Ownership of, and title to, the Software (including any additional copies) shall be held by TURBOMOLE GmbH. Copies of the Software and Documentation are provided to LICENSEE only for the limited purposes set out in this agreement.
- CUSTOMER shall use TURBOMOLE for its own purpose only, it is not allowed to use the DEMO version of TURBOMOLE to provide services or consulting to third parties.
- TURBOMOLE is provided "AS IS". CL disclaims all warranties of any kind with respect to TURBOMOLE and results obtained by the use of TURBOMOLE including but not limited to warranties of merchantability and fitness for a particular purpose. CL makes no representation nor warranties that TURBOMOLE is free from error or will operate without interruption.
- Without delay after the Evaluation Period, CUSTOMER shall return to CL or destroy TURBOMOLE and all copies thereof.
- This license shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Place of jurisdiction is Leverkusen, Germany.