================================================================= SIMION(R) END USER LICENSE AGREEMENT, FOR VERSION 8.0/8.1/8.2 ================================================================= This End-User License Agreement ("EULA") is a legal agreement between you (the licensed "USER") and Adaptas Solutions, LLC Inc. ("Adaptas"). It specifies the terms and conditions under which you may access, install and/or use ("USE") the SIMION(R) software, related explanatory materials, and updates provided to you (the "SOFTWARE"). Your use of the Software constitutes your acceptance of the terms of this EULA. If you do not agree to these terms, promptly return the Software with proof of payment to your place of purchase for a full refund. This EULA constitutes the entire agreement between You and SIS concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of SIS. The Software is copyright (c) 2003-2020 Adaptas Solutions, LLC (Adaptas), all rights reserved, and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. 1. LICENSE GRANT AND EXCLUSIONS (a) USE The software may be installed and used either (1) on a single computer operated by at most one user at a time OR (2) on multiple computers operated by a single user. Note: Option 2 is provided to allow a single licensed user to run SIMION on additional computers, such as a personal home computer or laptop, or for spreading a difficult calculation across multiple CPUs. (b) SPECIAL LICENSES Special licenses, if purchased or acquired, carry additional terms, including: * ACADEMIC OR US GOVERNMENT LICENSES are permitted only for academic or US government use. * SIMION LAB KIT ACADEMIC SITE LICENSES may be installed and used on up to 30 computers by a single department at a single institution or in a single computer lab. * DEMO VERSIONS expire no more than one year after their release date and may not be used after that time. DEMO VERSIONS are intended for evaluation purposes only and many not otherwise be used for commercial purposes. * LEASES expire at the end of their defined term and may not be used after that time. * Any other exceptions or special terms can be provided only by formal written notice. (c) UPDATES You may download some free upgrades to the Software (if and when available) from simion.com by providing your SIMION license key. If you purchased some SIMION version x.y, you are entitled to x.y.z minor version version updates released within a year of your purchase or (at the discretion of Adaptas) longer. Future major versions such as x.{y+1} or {x+1} typically will require purchasing an upgrade. Your license key is for you use only, and by downloading updates, you assert that you are the legal owner of the license key. (d) BACKUPS Additional copies of the Software may be made solely for backup purposes. (e) MODIFICATIONS Your may not alter, modify or remove any copyright or other proprietary notices; disassemble, reverse engineer, or modify the binaries. (f) TRANSFER Except as permitted below, you may not rent, lease, license, transfer, distribute or disseminate the Software, derivative works thereof, or license keys, including by posting it on a public network. You may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software unmodified (including all component parts, the media and printed materials, any upgrades, the current version and each of the prior versions included herewith, this EULA, the license keys, and, if applicable, all other Software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. Lab kits must be transfered as a whole. You may retain no copies of the Software. You may not sell or transfer any Trial, Beta, or Not For Resale Version of the Software. Transfers may disable free updates. (g) SOURCE AND LIBRARIES Derivative works based on the source examples or source libraries from SIMION x.y may be distributed in source or binary form only to other licensees of SIMION >= x.y--i.e. for use with another SIMION license. Copyright and credits must be retained in all derivatives. Special exceptions to these terms may be permitted in writing. (h) TERMINATION In the event that you fail to comply with this EULA, SIS may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination). 2. DISCLAIMER OF WARRANTY THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS, COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. SIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS NOR DOES IT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 3. US GOVERNMENT Rights to SIMION 7.0 The United States Government is granted for itself and others acting on its behalf, a paid-up nonexclusive, irrevocable worldwide license in this SOFTWARE to reproduce, prepare derivative works and perform publicly and display publicly. NEITHER THE U.S. NOR THE U.S. NOR THE U.S. DEPARTMENT OF ENERGY, NOR ANY OF THEIR EMPLOYEES, MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED; OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. SIMION 7.0 resulted from work developed under Government Contract No. DE-AC07-99ID13727 at the Idaho National Laboratory (INL) and is subject to a Limited Government License. This work was supported by the U.S. Department of Energy INL (INEEL) internal research funds and by the Division of Chemical Sciences, Basic Energy Sciences, Office of Science, Department of Energy under contract 3ED102. SIMION 7.0 (c) 2000-2005, 2010 Battelle Energy Alliance, LLC (BEA) on behalf of Idaho National Laboratory (INL). 4. Contained Licensed Software This Software includes or is derived from other works in binary form that are copyrighted and licensed by their respective authors. Licenses for these items can be found in the SIMION distribution (docs/license_more.txt file or "license" page in the supplemental electronic documentation). ==================== END ====================