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- Terms of Use -
Copyright © 2002-2006 ChemWare, Inc. All Rights Reserved. The content on this web site is protected by international copyright laws.
Welcome to ChemWare's Web site (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in
these documents (the "Documents") from the Site subject to the
following: (a) the Documents may be used solely for personal, informational,
non-commercial purposes; and (b) the Documents may not be modified or altered in
any way. Except where your use constitutes "fair use" under copyright
law, you may not otherwise use, download, upload, copy, print, display, perform,
reproduce, publish, license, post, transmit or distribute any information from
this Web site in whole or in part without the express authorization of ChemWare.
2. Use of Software
Any use of software and accompanying documentation you download from the Site is
subject to the terms of a software license agreement between you and ChemWare.
You must read the license agreement and indicate your agreement to its terms
prior to installing or using the software. All rights, title and interest not
expressly granted are reserved.
3. Passwords and
Security
You are responsible for maintaining the confidentiality of any password(s) you
are given to access the Site, and are fully responsible for all activities that
occur under your password(s). You agree to notify ChemWare immediately of any
unauthorized use of your password(s).
ChemWare is concerned
about the security of personal information we have collected from you and has
taken reasonable steps to prevent unauthorized access to that information.
4. Termination of Use
You agree that ChemWare may, in its sole discretion, at any time terminate your
access to the Site and any account(s) you may have in connection with the Site.
Access to the Site may be monitored by ChemWare.
5. Third Party Web
Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and
services from third parties, including users, advertisers, affiliates and
sponsors of the Site. You agree that ChemWare is not responsible for the
availability of, and content provided on, third party Web sites. You should
refer to the policies posted by other Web sites regarding privacy and other
topics before you use them. You agree that ChemWare is not responsible for: (a)
the quality of third party products or services; and (b) fulfilling any of the
terms of your agreement with the seller, including delivery of products or
services and warranty obligations related to purchased products or services. You
agree that ChemWare is not responsible for any loss or damage of any sort you
may incur from dealing with any third party.
6. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHEMWARE EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHEMWARE MAKES NO WARRANTY THAT: (A)
THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL
BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS,
INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SITE IS DONE AT YOUR OWN DISCRETION AND RISK. CHEMWARE SHALL HAVE NO
RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
CHEMWARE RESERVES THE
RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
7. Limitation of
Liability
IN NO EVENT SHALL CHEMWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA
OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR
TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnity
You agree to defend, indemnify and hold harmless ChemWare, its officers,
directors, employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, including reasonable attorneys' fees
and costs, arising out of or in any way connected with your access to or use of
the Site.
9. Privacy Policy
ChemWare is concerned about your privacy and has developed a Privacy
Policy to address privacy concerns.
10. Export
Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content, software,
products or services provided on the Site in violation of U.S. export laws or
regulations, or in violation of any other applicable laws or regulations. You
agree to comply with all export laws and restrictions and regulations of any
United States or foreign agency or authority, and not to directly or indirectly
provide or otherwise make available the services and products of ChemWare in
violation of any such restrictions, laws or regulations, or without all
necessary approvals, including, without limitation, for the development, design,
manufacture or production of nuclear, chemical or biological weapons of mass
destruction. As applicable, you shall obtain and bear all expenses relating to
any necessary licenses and/or exemptions with respect to your own use of the
services of ChemWare outside the U.S. Neither the services of ChemWare nor the
underlying information or technology may be downloaded or otherwise provided or
made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions,
to individuals or entities controlled by such countries, or to nationals or
residents of such countries other than nationals who are lawfully admitted
permanent residents of countries not subject to such sanctions; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals
and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By
agreeing to these Terms and Conditions of Use, you agree to the foregoing and
represents and warrants that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
11. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed
by U.S. federal law or the laws of the State of North Carolina. Any legal action
or proceeding relating to your access to, or use of, the Site shall be
instituted in a state or federal court in North Carolina or Wake County, NC. You
and ChemWare agree to submit to the jurisdiction of, and agree that venue is
proper in, these courts in any such legal action or proceeding.
12. Copyright/Trademark
Information
Copyright © 1996-2006, ChemWare, Inc. All rights reserved.
HORIZON® is a registered
trademark of ChemWare, Inc. Other names appearing on the Site may be trademarks
of their respective owners.
13. Contact Information
If you have any questions regarding these Terms of Use, please contact ChemWare
at
. If you have
any other questions regarding the Site, please Contact Us at ChemWare.
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