HSC Chemistry® 8 License Agreement
1. Parties of the License Agreement
- Licensee: Person, company or another legal entity who have bought HSC8 License
- Licensor: Outotec (Finland) Oy,
- Address: Research Center Pori, Information Service P.O. Box 69, FI-28101 PORI
- Country: Finland
- Business ID: 15386292
- Tel: +358-20-529211
- Fax: +358-20-5293203
- Email: email@example.com
2. License Summary
The HSC Chemistry software, documentation and training material, that accompanies this License Agreement (collectively the “HSC”) is the property of Licensor, and is protected by copyright law.
Although Licensor continues to own the HSC, after Licensee acceptance of this License Agreement Licensee will have certain rights to use the HSC which are specified in this agreement. All rights not expressly granted to Licensee are retained by Licensor.
This License Agreement governs any releases, revisions, updates or enhancements to the HSC that Licensor may make available to Licensee.
3. The HSC Chemistry License
The Licensor grants the Licensee a non-exclusive license to use a copy of HSC Chemistry 8.0 (hereinafter referred to as “HSC”) on the number of computers specified in HSC purchase receipt of Licensee. The number of terminals which 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 HSC purchase receipt of Licensee. Special HSC Unlimited Company/University License" entitles the licensee to install HSC on all the computers within the same Company, Site, University, or Department. Activation via the HSC activation website is available up to the given number of computers. This number may easily be increased later on, if required. A "Site" is defined as the physical address (single location) of the licensee.
The Licensee shall use HSC Chemistry software for internal work, research and training purposes only. The Licensee shall use and apply HSC Chemistry entirely at Licensee’s own risk. 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, used in publications etc..
This HSC Chemistry 8.0 License is perpetual with no annual fees, however the License will expire if the Licensee violates the terms of this Agreement. The HSC 8.0 license also covers HSC 7 license; as well as free update to HSC 8.1 later on. The license price does not cover other updates.
4. Copying – Installation Files
The Licensee is allowed to make one backup copy of the original HSC Chemistry installation files for archival and security purposes. Delivery of HSC installation file copies or other licensed material, partly or in its entirety, for any other reason whatsoever is forbidden. All parts of this software are licensed only to the registered licensee, and may be used solely for your own internal use.
5. Registration and Activation
Registration will ensure that the Licensee receives information on any updates as soon as they become available. Registration is needed after EACH installation. The activation site will keep track of the issued licenses and if this is exceeded dormant licences must be deactivated – or this can also be done from the activation database. Registration can be made using the HSC Registration/Activation dialog and sending this information by email or fax to the Licensor.
6. Use of HSC Modules and Databases Separately
The Licensee may use separate parts of HSC Chemistry (calculation module, database, etc.) alone in different computers or terminals provided that the Licensee has an HSC Chemistry license for each of such computers or terminals that have any programs or databases taken from HSC Chemistry. Thus implies that each computer which has access to HSC programs or databases must have the HSC Chemistry license.
7. Transfer of the License
The Licensee may transfer this License to a third party, however, the Licensee must first ask permission from the Licensor, who will give written answer within 30 days. On transfer of the License all rights of the Licensee based on this Agreement cease.
After the transfer the Licensee must uninstall all HSC copies from the computers and delete installation files and all licensed material. This makes it possible to the Licensor to give new activation codes for the new Licensee.
No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the HSC, nor attempt in any other manner to obtain the source code.
No Rental. Customer may not rent or lease the HSC to someone else.
9. HSC Upgrades
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 upgrade is located. It is not permitted to install the new HSC upgrade and the old HSC version onto different computers.
10. Technical Support
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. Limited support may be given for certain specific 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.
The Licensor warrants to the Licensee that the HSC installation files will be free from defects under normal use. The Licensor will replace a defective installation files if requested by the Licensee within a period of thirty (30) days from delivery. This warranty is only according to the terms and conditions of this License Agreement. Except as warranted in this License Agreement, Licensor hereby disclaims all warranties, express or implied, which might otherwise arise with respect to HSC Chemistry, including without limitation all warranties of merchantability, fitness for a particular purpose and non-infringement. This warranty applies to the installation files 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 contains many calculation modules and extensive databases. The calculation methodology, as well as database values, has been collected from thousands of scientific books and papers. The Licensor cannot guarantee the validity and accuracy of this scientific source material nor the validity and accuracy of the HSC applications.
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 any other indirect or consequential loss or damage arising from whatever reason due to the use of the software. Under no circumstances shall the Licensor be liable for any damages in excess of the purchase price of the HSC software. The Licensor does not take responsibility for incorrect usage of HSC Chemistry. The Licensee shall use and apply HSC Chemistry entirely at Licensee’s own risk.
13. 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, 2011, 2014 Outotec (Finland) Oy, All Rights Reserved.