END USER LICENSE AGREEMENT
This license applies to The Atomsmith® Classroom of
Molecular Exploration (the "Software" and the
AGREEMENT by and between above-named individual (representing self and
above-named school) and Bitwixt
Software Systems LLC, a
Minnesota company having a mailing address of P.O. Box 1144, Minnetonka, MN
THE SOFTWARE THAT YOU ARE BEING LICENSED TO EVALUATE
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, YOU ACCEPT
AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT.
"You" means the school, faculty member(s) and staff member(s)
being licensed to use the Software or Documentation. "We,"
"us," "our" and "Bitwixt" means Bitwixt Software
We hereby grant you a nonexclusive, nontransferable license to use a SINGLE
copy of the Software on ONE computer. 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, network
server or other storage device.
You may use the Software for non-commercial EVALUATION
purposes, for no fee, for a maximum of
YOUR GRANTED EVALUATION TIME PERIOD,
after which you must register the Software or remove it from
your computer and destroy all associated Documentation. You have the ability
to register the Software at any time by purchasing a permanent or subscription registration
code from us.
We remain the owner of all right, title and interest in the Software and related
explanatory written materials ("Documentation").
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 registration code assigned
to you for this Software without the express written consent of Bitwixt;
- Use a registration code obtained from an unauthorized distributor of this
- Copy the Documentation;
- Remove any proprietary notices or labels on the Software;
- Copy the Software;
- Copy or share models, screen-shots, text or printouts created by you using
- 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;
- Broadcast the output from the Software; or
- Sublicense, rent, lease, resell or lend any portion of the Software or
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.
IN AGREEING TO THIS EVALUATION LICENSE,
YOU ALSO AGREE THAT IN NO EVENT WILL WE BE
LIABLE TO YOU FOR ANY DAMAGES, ARISING FROM THE USE OF THE SOFTWARE.
TERM AND TERMINATION
This Agreement takes effect upon your use of the Software and remains
effective until terminated. This EVALUATION License Agreement
may be terminated by Bitwixt at any time for any
reason. You may terminate this Agreement at any time by destroying all copies
of the Software and Documentation in your possession. This Agreement and the
EVALUATION License 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.
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.
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,
P.O. Box 1144 Minnetonka, MN 55345.
- 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.
- You recognize that irreparable injury may result to us, 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 there from.
- 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
- This Agreement may be modified only by a writing signed by you and us.
- This Agreement is governed by the laws of the state of Minnesota.