© Department of Material Science & Engineering

    Rensselaer Polytechnic Institute 

 

NON-COMMERCIAL VERSION LICENSE AGREEMENT FOR XENOVIEW© V. 3.4 SOFTWARE

 

Sergei Shenogin and Rahmi Ozisik (“we”) are willing to license the XenoView© v. 3.4 software (“software”) upon the condition that you accept all of the terms of this non-commercial version license agreement ("agreement"). Please read these terms carefully before installing or using the software. By installing or using the software, you are consenting to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms of this agreement, we are unwilling to license the software to you ("you"), and you should not install or use the software.

 

NON-COMMERCIAL VERSION LICENSE

 

To qualify for a Non-Commercial Version License, You must (1) use the Software for non-commercial purposes and be a Non-Commercial Entity as defined herein, and (2) be a University User as defined herein. The term "Non-Commercial Entity" is limited to the following: university or other educational institutions, non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare), and other individual users who use the Software for personal use (such as scientific, educational, hobby or recreational purposes). The term "University Users" is limited to students, faculty members, researchers, administrators, support staff, and employees of a university when acting in this capacity.

If You do not qualify for a Non-Commercial Version License, then You should discontinue the downloading or installation process and contact us to purchase a Commercial Use License.

 

GRANT OF LICENSE

 

Provided that you qualify for a Non-Commercial Version License as specified above, and subject to the terms and conditions contained herein, we grant You, an end user, a personal, non-transferable, non-exclusive, non-sublicensable license to install and use the Software, free of charge, for non-commercial purposes only.

For the avoidance of doubt, the following are considered examples of commercial uses of the Software:

(1) use at or for a commercial enterprise;

(2) use for financial gain, personal or otherwise;

(3) bundling or integrating the Software with any software product for commercial use.

 

USE RESTRICTIONS

 

You may not:

(i) use the Software, except under the terms listed above;

(ii) modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover the source code from the binaries of the Software;

(iii) create derivative works based on the Software (e.g. incorporating the Software in a commercial product or service without a proper license);

(iv) remove any product identification, copyright, proprietary notices or labels from the Software; or

(v) rent, lease, sublicense, convey, distribute or otherwise transfer rights to the Software;

 

Any and all copies made by You as permitted hereunder must contain all of the original Software's copyright, trademark and other proprietary notices and marks.

 

MAINTENANCE, SUPPORT AND UPDATES

 

We are under no obligation to maintain or support or update the Software in any way, or to provide updates or error corrections. However, You are encouraged to contact us and we might be able to help you to solve the problem.

 

CONFIDENTIALITY

 

You agree to take adequate steps to protect the Software and the source codes, if any, from unauthorized disclosure or use. You agree that You will not disclose the Software, in source code or object code form, to any third party.

 

WARRANTY

 

We expressly disclaim all warranties, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability, of fitness for a particular purpose. Without limiting the foregoing, you acknowledge that the software is provided "as is" and that we do not warrant that the software will run uninterrupted or error free nor that the software will operate correctly with hardware and/or software installed on your computer.

 

LIMITED LIABILITY

 

The entire risk as to results and performance of the software is assumed by you. Under no circumstances we will be liable for any direct or special, indirect, incidental, exemplary or consequential damages of any kind.  Such limitation on damages includes, but is not limited to, loss of data or software, work stoppage, computer failure or malfunction or impairment of other goods. In no event we will be liable for the costs of procurement of substitute software or services.

 

TERMINATION

 

This Agreement will terminate immediately and automatically without notice if You breach any provision in this Agreement. Upon termination You will remove all copies of the Software or any part of the Software from any and all computer storage devices and destroy the Software.

 

 

 

For more information, please contact: 

 

Sergei Shenogin

Rensselaer Polytechnic Institute                                                                               

Materials Science and Engineering, MRC-205

110 Eight Street

Troy, NY 12180

E-mail: shenogin@yahoo.com

 

Rahmi Ozisik                                                                                                               

Rensselaer Polytechnic Institute                                                                               

Materials Science and Engineering, MRC-205

110 Eight Street

Troy, NY 12180

E-mail: ozisik@rpi.edu

 


Copyright © 2004, Sergei Shenogin. All Rights Reserved.
Design and programming: Sergei Shenogin