BY USE OF PART OR ALL OF THE HIBRIDON© PACKAGE, 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, DELETE THE SOFTWARE.

HIBRIDON END USER LICENSE AGREEMENT NO FEE VERSION (EXPORT VERSION ONLY)

GRANT. Millard Alexander and his collaborators ("MHA") hereby grant you a non-exclusive license to use the Hibridon© software package ("Software") free of charge if (a) you are a student, faculty member or staff member of an educational institution (K-12, junior college, college, or university) or an employee of a charitable non-profit or not-for-profit organization; or (b) your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to 90 days; evaluation use by others is not subject to this restriction. Government agencies are considered charitable non-profit organizations for purposes of this license agreement. If you do not fit within the description above, please contact Millard Alexander, Department of Chemistry and Biochemistry, University of Maryland, College Park, MD 20742 (fax: 301.314.9121, email: mha@umd.edu). If you are using the Software free of charge, you will be entitled to support or telephone assistance only insofar as such may be available from MHA.

If you fit within the above description, you may use the Software on any single computer or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.

You may not

  1. Permit other individuals to use the Software except under the terms listed above
  2. Modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software, except if such modification, translation or reverse engineering is for your own personal use, or for research purposes in your own research group
  3. Copy the Software (except for back-up purposes)
  4. Rent, lease, transfer or otherwise transfer rights to the Software
  5. Remove any proprietary notices or labels on the Software.

SOFTWARE. This license does not grant you any right to any enhancement or update.

TITLE. Title, ownership rights, and intellectual property rights in and to the Software shall remain with MHA and his collaborators. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.

PUBLICATIONS: All publications in scientific journals or technical reports, refereed or otherwise, which result from use of the propagators included in the Software must include the following reference:

D. E. Manolopoulos, J. Chem. Phys. 85, 6425 (1986); M. H. Alexander and D. E. Manolopoulos, J. Chem. Phys. 86, 2044 (1987).

In addition all publications involving the determination of photodissociation cross sections resulting from use of the Sotfware must include the following references:

D. E. Manolopoulos and M. H. Alexander, J. Chem. Phys. 97, 2527 (1992); M. H. Alexander, Comput. Phys. Commun, 75, 87 (1993).

In addition all publications reporting flux redistribution studies resulting from use of the Hibridon© package must include the following references:

M. H. Alexander, J. Chem. Phys. 95, 8931 (1991); D. E. Manolopoulos and M. H. Alexander, ibid. 97, 2527 (1992).

In addition, any reference to the Software within any articles and/or technical reports must include the following reference:

HIBRIDON© is a package of programs for the time-independent quantum treatment of inelastic collisions and photodissociation written by M. H. Alexander, D. E. Manolopoulos, H.-J. Werner, and B. Follmeg, with contributions by P. F. Vohralik, D. Lemoine, G. Corey, R. Gordon, B. Johnson, T. Orlikowski, A. Berning, A. Degli-Esposti, C. Rist, P. Dagdigian, B. Pouilly, G. van der Sanden, M. Yang, F. de Weerd, S. Gregurick, and J. Klos.

DISCLAIMER OF WARRANTY. Since the Software is provided free of charge, the Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not MHA assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MHA OR HIS COLLABORATORS OR ASSOCIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, SOFTWARE FAILURE OR MALFUNCTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MHA BE LIABLE FOR ANY DAMAGES, EVEN IF MHA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

TERMINATION. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software.

EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Maryland law as such law applies to agreements between Maryland residents entered into and to be performed within Maryland, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

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, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Millard Alexander, Department of Chemistry and Biochemistry, University of Maryland, College Park, MD 20742-2021.

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