Licence Agreement for End User of HSC Chemistry®.
By opening the sealed software packages the Licensee agrees to be bound by the terms of this Agreement. By returning the software packages unopened together with accompanying items to Outotec (Finland) Oy, Pori the Licensee refuses to accept the terms of this Agreement and will receive a full refund of the purchase price paid by the Licensor for HSC Chemistry, excluding shipping.
The Licensor grants the Licensee a non-exclusive license to use a copy of HSC Chemistry 7 (hereinafter referred to as “HSC Chemistry”) on the number of computers granted by this license. The number of terminals that have access to HSC Chemistry in a network, simultaneously or at different times, must be limited to the same number. The computers which have access to HSC Chemistry must be fixed, i.e. the HSC license is NOT a floating license. A non-exclusive license is also granted with the enclosed printed documentation. The Licensee is not permitted to install HSC on a larger number of computers than specified in this license. However, a separate "Company/University License" is available for a different fee. This license entitles the licensee to install HSC on all the computers within the same Company, Site, University, or Department. Activation is available up to the given number of computers. This number may easily be increased later on, if required. A Company/University Licensee may run HSC for 14 days without activation. A "Site" is defined as the physical address (single location) of the licensee. The Licensee shall use HSC Chemistry for internal business or research purposes only. The Licensee shall not permit any third party to use the licensed materials. However, the Licensee may distribute the calculation results and applications created using the licensed materials to third parties.
The Licensee is only allowed to make one backup copy of the original HSC Chemistry CD for archival and security purposes. All other copying of the licensed material, partly or in its entirety, is forbidden unless prior written consent is given by the Licensor. For your convenience, HSC Chemistry is not copy-protected, but registration is required. However, all parts of this software are licensed only to you, the registered licensee, and may be used for your own internal use.
Registration and Activation
Registration will ensure that the Licensee receives information on any updates as soon as they become available. Registration is needed after installation. Registration can be made using the HSC Registration/Activation dialog and sending this information by email or fax to the Licensor.
Use of HSC Chemistry Modules and Databases Separately
The Licensee may use separate parts of HSC Chemistry (calculation module, database, etc.) alone in different computers or terminals. However, the Licensee must have an HSC Chemistry license for each of such computers or terminals that have any programs or databases taken from HSC Chemistry.
Transfer of the License
The Licensee may transfer this License to a third party only if written approval of the terms of this License, signed by duly authorized representatives of the third party, is delivered in advance to the Licensor. On transfer of the License all rights of the Licensee based on this Agreement cease.
The HSC upgrade replaces the old HSC license. The Licensee may use the old HSC version only on the same computer or terminal where the new HSC is located. It is not permitted to install the old HSC license onto another computer.
The Licensor warrants to the Licensee that the HSC CD will be free from defects in material under normal use. The Licensor will replace a defective CD if requested by the Licensee within a period of thirty (30) days from delivery. This warranty is in lieu of all other warranties, express or implied, which might otherwise arise with respect to HSC Chemistry. This warranty applies to the CD only and does not cover the software programs or database which are included with HSC Chemistry. All such software programs, database and application examples are provided “as is” and without warranty of any kind. The HSC Chemistry results have been compared with manual calculations and with other calculation programs, all giving similar results. However, the Licensor does not guarantee the performance of the program or results that may be obtained by using HSC Chemistry. Despite careful preparation, the program, HSC database and original data may contain errors and “bugs.” Sometimes, HSC data extrapolation to higher temperatures can also lead to significant errors. The Licensee shall inform the Licensor of any bugs and errors discovered.
Notwithstanding anything else contained in this Agreement, the Licensor shall not be liable to the Licensee for loss of profits or contracts or other indirect or consequential loss or damage arising from whatever reason. Under no circumstances shall the Licensor be liable for any damages in excess of the purchase price. The Licensor does not take responsibility for incorrect usage of HSC Chemistry.
The price of HSC Chemistry does not include technical or chemical support or consulting due to limited support resources and the low price of the software. Support may be given for certain technical problems with the software (for example, installation). However, the Licensor would be very grateful for all comments, feedback, and bug reports (email, faxes, etc), because these will help the future development work of the software.
Applicable Law and Arbitration
This Agreement shall be governed by and construed in accordance with Finnish Law. Disputes arising from this Agreement are to be settled in arbitration by a sole arbitrator. The arbitrator shall be appointed by the Board of Arbitration of the Central Chamber of Commerce of Finland and the rules of the said board are to be observed in the arbitration procedure.
The copyright and other intellectual property rights of whatever nature in HSC Chemistry and this documentation are and shall remain the property of the Licensor. MS Windows & MS Excel are registered trademarks of Microsoft Corporation, Lotus 123 is a registered trademark of Lotus Development Corporation, IBM PC & XT & AT & PS/2 are registered trademarks of International Business Machines Corporation. Actuate® Formula One®, Copyright © 1993-2001 Actuate Corporation, All Rights Reserved. HSC Chemistry®: Copyright 1974, 1981, 1987, 1988, 1989, 1992, 1993, 1994, 1997, 1999, 2002, 2006, 2007, 2009 Outotec (Finland) Oy, All Rights Reserved.