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MolWorks Software License Agreement
License Information
The MolWorks program and all resources in the MolWorks application files
and its manual are Copyright by Beyond Computing Co.Ltd. (BEYOND) with all
rights reserved worldwide. Information in this document is subject to change
without notice and does not represent a commitement on the part of BEYOND.
Both these materials and the right to use them
are owned exclusively by BEYOND. Use of these materials is licensed by BEYOND
under the terms of a software license agreement.
Trademarks
Molworks is a trademark of Beyond Computing Co.Ltd. (BEYOND).
BEYOND End-User Agreement for Software Products
Important: This BEYOND License Agreement ("Agreement")is a legal agreement
between you, the end user (either indivisual or entity), and Beyond Computing
Co.Ltd.("BEYOND") regarding the use of BEYOND software products, which may include
computer software, the associated media, any printed materials, and any "online"
or electronic documantation. By installing, copying or otherwise using any
BEYOND software products, you signify that you have read the BEYOND License
Agreement and agree to be bound by its temrs.If you do not agree to the Agreement's
terms , promptly return the package and all its contents to the place of
purchase for a full refund.
Beyond Computing Co.Ltd. (BEYOND) - Software License:
1. Grant of License. BEYOND Software Products are licensed,not sold. BEYOND
grants and you hereby accept a nonexclusive license to use one copy of the
enclosed Software Product(gSoftwarehjin accordance with the terms of this
Agreement. This licensed copy of the Software may only be used on a single
computer, except as provided below.You may physically transfer the Software
from one computer to another for your own use, provided the Software is in
use (or installedjon only one computer at a time.If the Software is premanently
installed on your computeriother than a network server, you may also use
the Software on a portable or home computer, provided that you use the software
on only one computerat a time.
You may not (a) electronically transfer the Software from one computer
to another, (b) distribute copies of the Software to others, or (c) modify
or translate the Software without the prior written consent of BEYOND, (d)
place the software on a server so that it is accessible via a public network
such as the Internet, (e) sublicense, rent, lease or lend any portion of the
Software or Documentation, or (f) modify or adapt the Software or merge it
into another program.
The Software may be placed on a file or disk server connected to a network
, provided that a license has been purchased for every computer with access
to that server. You may make only those copies of the Software which are necessary
to install and use it as permitted by this agreement, or are for purposes
of backup and archival records; all copies shall bear BEYOND's copyright and
proprietary notices. You may not make copies of any accompanying written
materials.
2. Ownership
The Software is and at all times shall remain the sole property of BEYOND.
This ownership is protected by the copyright laws of Japan and by international
treaty provisions. Upon expiration or termination of this agreement, you shall
promptly return all copies of the Software and accompanying written materials
to BEYOND. You may not modify, decompile, reverse engineer, or disassemble
the Software.
3. Assignment Restrictions.
You may not rent, lease, or otherwise sublet the Software or any part thereof.
You may transfer on a permanent basis the rights granted under this license
provided you transfer this Agreement and all copies of the Software, including
prior versions, and all accompanying materials. The recipient must agree to
the terms of this Agreement in full and register this transfer in writing
with BEYOND.
4. Use of Included Data.
All title and copyrights in and to the Software product, including but
not limited to any images, photographs, animations, video, audio, music,
text, gapplets,h and date files and databases (the gIncluded Datah), are
owned by BEYOND. You may not copy, distribute or otherwise make publicly
available this Included Data. All rights not specifically granted under this
Agreement are reserved by BEYOND.
5. Termination.
You may terminate the license at any time by destroying all copies of the
Software and documentation in your possession. Without prejudice to any other
rights, BEYOND may terminate this Agreement if you fail to comply with its
terms and conditions. In such event, you must destroy all copies of the Software
Product and all of its component parts.
6. Confidentiality.
The Software contains trade secrets and proprietary know-how that belong
to BEYOND and are being made available to you in strict confidence.
ANY USE OR DISCLOSURE OF THE SOFTWARE,OR USE OF
ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH
THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET
RIGHTS.
BEYOND Limited Warranty:
BEYOND's sole warranty with respect to the Software is that it shall be
free of errors in program logic or documentation, attributable to BEYOND,
which prevent the performance of the principal computing functions of the
Software. BEYOND warrants this for a period of ninety (90) days from the
date of receipt.
BEYOND's Liability:
In no event shall BEYOND be liable for any indirect, special, or consequential
damages, such as, but not limited to,loss of anticipated profits or other
economic loss in connection with or arising out of the use of the software
by you or the services provided for in this agreement, even if BEYOND has
been advised of the possibility of such dameges.
BEYOND's entire liability and your exclusive remedy
shall be, at BEYOND's discretion, either(A) return of any license fee, or(B)
correction or replacement of software that does not meet the terms of this
limited warranty and that is returned to BEYOND with a copy of your purchase
receipt.
NO OTHER WARRANTIES. BEYOND DISCLAIMS OTHER IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING BY USAGE
OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NOTWITHSTANDING
THE ABOVE, WHERE APPLICABLE, IF YOU QUALIFY AS AgCONSUMERhUNDER THE MAGNUSONMOSS
WARRANTY ACT, THEN YOU MAY BE ENTITLED TO ANY IMPLIED WARRANTIES ALLOWED
BY LAW FOR THE PERIOD OF THE EXPRESS WARRNTY AS SET FORTH ABOVE. SOME STATES
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MIGHT
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
No Waiver:
The failure of either party to assert a right hereunder or to insist upon
compliance with any term or condition of this Agreement shall not constitute
a waiver of that right or excuse a similar subsequent failure to perform any
such term or condition by the other party.
Governing Law:
This Agreement shall be construed according to the laws of Japan.
I hereby understood above Software License Agreement
and I
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