• Types of Licenses


• License Agreement

Bitwixt Software Systems LLC offers a number of flexible and cost-effective ways to bring Atomsmith to your home computer, classroom or laboratory. All license types can be bought using some or all of the pricing options.

If you have questions regarding what type of license to buy or to inquire about pricing options, please feel free to send email to info@bitwixt.com.

• Evaluation Use License
  You may evaluate the Atomsmith software on one computer for a maximum of ten calendar days, after which you must register the Software or remove it from your computer. You have the ability to register the Software at any time by purchasing a registration code from Bitwixt. This will convert the Software into the registered version, and one of the License Types below will then apply.

• Personal or Educational Use License
  The Personal or Educational Use License permits you to use the Software for Personal or Educational use. Educational use is permitted if you are a student, faculty member, or a staff member of an educational institution (K-12, junior college, or college). Personal use of the Software is permitted at your residence. You are not permitted to use the Software for any Commercial purpose and you are not permitted to use the Software for any Academic Research purpose as defined below.

• Academic Research Use License
  The Academic Research Use License permits you to use the Software for any research purpose that is not in support of any commercial endeavor. This includes, but is not limited to, any research that is submitted to or published by any refereed scientific journal.

• Commercial Use License
  The Commercial Use License permits you to use the Software for any Commercial purpose including, but not limited to, the research, design, production or support of any Commercial product or service.

Pricing information for these license, including volume discounts is available on the Pricing/Registration Page.

At the beginning of the installation process (using the Atomsmith Installer Program), you will be asked to read and accept the Atomsmith End User License Agreement. The text of that Agreement follows:

Atomsmith(tm) Copyright © 2000-2002 by Bitwixt Software Systems LLC. All rights reserved. This license applies to version 1 of the Atomsmith(tm) Molecular Exploration Kit (the "Software" and the "Documentation"). END USER LICENSE AGREEMENT THE SOFTWARE YOU ARE ABOUT TO ACCESS CONTAINS PROGRAMS, DOCUMENTATION AND OTHER PROPRIETARY MATERIAL (THE "SOFTWARE") THAT BELONGS TO BITWIXT SOFTWARE SYSTEMS LLC ("BITWIXT") AND ITS LICENSORS. CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT (the "Agreement"). BY INSTALLING THE SOFTWARE OR BY CLICKING THE BUTTON LABELED "I accept the agreement" THAT IS DISPLAYED BELOW, YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE BUTTON LABELED "I do not accept the agreement" AND THE SOFTWARE WILL NOT BE INSTALLED. IF YOU DO NOT AGREE TO THIS LICENSE, REMOVE THE SOFTWARE FROM YOUR COMPUTER AND DESTROY ALL ASSOCIATED DOCUMENTATION. LICENSE GRANT "You" means the person or company who is being licensed to use the Software or Documentation. "We," "us," "our" and "Bitwixt" means Bitwixt Software Systems LLC. We hereby grant you a nonexclusive, nontransferable license to use one copy of the Software on any single computer, provided that the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer--for example, a hard disk, CD-ROM or other storage device. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network service) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer. TITLE We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation"). LICENSE TYPES The type of license that you have purchased determines how you may use the Software. -Evaluation Use License You may use the Software on one computer for evaluation purposes, for no fee, for a maximum of ten calendar days, after which you must register the Software or remove it from your computer. You have the ability to register the Software at any time by purchasing a registration code from us. This will convert the Software into the registered version, and the purchased license type described below will then apply. -Personal or Educational Use License The Personal or Educational Use License permits you to use the Software for Personal or Educational use. Educational use is permitted if you are a student, faculty member, or a staff member of an educational institution (K-12, junior college, or college). Personal use of the Software is permitted at your residence. You are not permitted to use the Software for any Commercial purpose and you are not permitted to use the Software for any Academic Research purpose as defined below. -Academic Research Use License The Academic Research Use License permits you to use the Software for any research purpose that is not in support of any Commercial endeavor. This includes, but is not limited to, any research that is submitted to or published by any refereed scientific journal. -Commercial Use License The Commercial Use License permits you to use the Software for any Commercial purpose including, but not limited to, the research, design, production or support of any Commercial product or service. ADDITIONAL LICENSES This Agreement covers a single copy of the Software. You must purchase additional licenses if you intend to use multiple copies of the Software. ARCHIVAL OR BACKUP COPIES You may copy the Software for back-up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above. THINGS YOU MAY NOT DO The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material--for example a book. You may not: - disclose or allow others to use any password or serial number assigned to you for this Software without the express written consent of Bitwixt; - use a registration code obtained from an unauthorized distributor of this Software; - copy the Documentation; - remove any proprietary notices or labels on the Software; - copy the Software except to make archival or backup copies as provided above; - modify or adapt the Software or merge it into another program; - reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software; - place the Software onto a server so that it is accessible via a public network such as the Internet, or - sublicense, rent, lease, resell or lend any portion of the Software or Documentation. If you determine that you are in possession of an unauthorized registration code, you are required to uninstall the registration code from the software, and destroy all copies, (electronic or hard copy) of the registration code, the Software and the Documentation. Failure to do this constitutes a violation of copyright laws, and the user may be subject to criminal prosecution. You acknowledge that distribution of your registration code to others, whether intentional or unintentional, could damage Bitwixt and its business and property. Therefore, you agree to keep your registration code confidential. Any unauthorized distribution of your registration code will result in immediate and automatic termination of your license. LIMITED WARRANTY We warrant that for a period of 90 days after delivery of this copy of the Software to you: - the media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and - the Software will perform in substantial accordance with the Documentation. To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LIMITED REMEDY Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either: - return the price you paid, or - repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Bitwixt and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. TERM AND TERMINATION This Agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this Agreement. You agree on termination of this Agreement to destroy all copies of the Software and Documentation in your possession. U.S. GOVERNMENT RESTRICTED RIGHTS Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to Bitwixt's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Bitwixt Software Systems LLC., 14924 Glen Oak Street Minnetonka, MN 55345-5718. CONFIDENTIALITY The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR 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. GENERAL PROVISIONS 1. This written Agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software. 2. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. 3. You recognize that irreparable injury may result to us and our business and property if you breach any provision of the Agreement and that money damages would not be sufficient remedy for any such breach. You therefore agree that if you should engage, or cause or permit any other person or entity to engage, in any act in violation of any provision hereof, we shall be entitled, in addition to such other remedies, damages and relief as may be available under applicable law, to an injunction prohibiting you from engaging in any such act or specifically enforcing this Agreement, as the case may be. In the event of litigation relating to this Agreement, if a court of competent jurisdiction determines that you have breached this Agreement, then you shall be liable and pay to us the reasonable legal fees incurred by us in connection with such litigation, including any appeal therefrom. 4. It is understood and agreed that no failure or delay by us in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or future exercise thereof or the exercise of any other right, power or privilege hereunder. 5. This Agreement may be modified only by a writing signed by you and us. 6. This Agreement is governed by the laws of the state of Minnesota.