Accelrys

Copyright: Accelrys

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Copyright Rules

Excerpt from the customer agreement between accelrys and DIMDI
In the following DIMDI users are referred as **End Users**.

GENERAL CONDITIONS, RESTRICTIONS, AND LIMITATIONS OF USE

RTECS® is a United States trademark owned and licensed under authority of the U.S. Government, by and through accelrys.

Licensee shall have the right to grant sublicenses to End Users, on an annual [or shorter term] basis only, to use the RTECS Database as incorporated in whole or in part into Licensee Product(s) identified herein. For each of Licensee Product(s) which incorporates the RTECS Database and or any portion thereof, Licensee shall require each End User to enter into a annually [(or shorter term)] renewable license agreement with Licensee which includes terms that are at least as restrictive as the terms set forth in this Agreement with respect to the use of the RTECS Database. In particular, Licensee shall include provisions in its End User license agreements preventing further redistribution of the RTECS Database or any portion thereof, or export to any country to which such export or transmission is restricted by applicable U.S. regulation or statute. Further, except as expressly set forth herein, Licensee agrees to abide by the following conditions and to include all such conditions in its End-User license agreements.

Licensee shall not, nor allow any of its End Users to:

(1) transfer title of RTECS Database or portions thereof;

(2) assign or transfer the RTECS Database, in whole or in part;

(3) permit use of the RTECS Database for any purpose outside the internal use or use in conjunction with Licensee’s Products;

(4) permit removal of any proprietary marking on the RTECS Database;

(5) make any representations, warranties, or guarantees concerning the RTECS Database(s) that are inconsistent with or in addition to those made in this Agreement or by Licensor; and

Licensee shall, and shall require its End Users, where indicated hereinbelow, to:

(6) Disclaim accelrys and PHS’s liability for any damages, whether direct, indirect, special, incidental or consequential arising from Licensee’s or any of its End User’s use of the RTECS Database or any results generated therefrom;

(7) Discontinue use and destroy or return to accelrys the RTECS Database, Documentation and all archival or other copies of the RTECS® Database, upon termination of this Agreement or any End User license;

(8) Ensure that integration of the RTECS Database included in Licensee’s Products, or any End User’s use thereof, does not adversely affect the value of the RTECS Database;

(10) Prevent further redistribution of the rights granted by this Agreement in the RTECS Database, or Licensee Products, or export of the RTECS Database, or Licensee Products, to any country to which such export or transmission is restricted by applicable U .S. law or regulation;

(11) Avoid deceptive, misleading, illegal, or unethical practices that may be detrimental to accelrys, PHS, or to the RTECS Database;

(12) Grant and deliver to PHS and accelrys when available for commercial distribution, a non-exclusive, no-fee license to one copy of Licensee’s Product(s), for U.S. Governmental and accelrys internal use only, respectively;

(13) Comply with all applicable federal, state, and local laws and regulations in performing its duties with respect to the RTECS Database.

Warranties

General Warranty Disclaimer

THE RTECS DATABASE AND DERIVATIVE WORKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND; NEITHER PARTY, NOR PHS, MAKES ANY WARRANTIES TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO THE RTECS DATABASE OR DERIVATIVE WORKS OR ANY LICENSES AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. FURTHER, NEITHER PARTY NOR PHS WARRANTS THAT THE RTECS DATABASE OR DERIVATIVE WORKS WILL MEET THE OTHER PARTY'S REQUIREMENTS, OR THAT OPERATION OF THE RTECS DATABASE OR DERIVATIVE WORKS WILL BE UNINTERRUPTED OR ERROR-FREE, THE RTECS DATABASE WILL OPERATE PROPERLY AS INTEGRATED IN LICENSEE'S PRODUCT(S) OR IN ANY END USER'S ENVIRONMENT OR THAT DEFECTS IN THE RTECS DATABASE OR DERIVATIVE WORKS WILL BE CORRECTED.

Limited Liability

NEITHER PARTY NOR PHS WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST DATA, OR (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ACCELRYS FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE EXCEED $10,000, EVEN IF ACCELRYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. LICENSEE ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIABILITY LIMITATION IS A MATERIAL AND ESSENTAIL ELEMENT OF THIS AGREEMENT FOR WHICH THE PARTIES HAVE EXPRESSLY BARGAINED.