========================================================================= Moleculix License ========================================================================= IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT The Moleculix software package is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and trea- ties. The Moleculix package is licensed, not sold. === END USER LICENSE AGREEMENT ======================================== This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Dune Scientific, LLC with regard to the copyrighted Software, the Moleculix SoftwarePackage, (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by Dune Scientific in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Dune Scientific is un willing to license the SOFTWARE PROD- UCT to you. 1. ELIGIBLE LICENSEES This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sublicensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE. 2. LICENSE GRANT Dune Scientific grants to you a personal, non-trans ferable and non- exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as neces sary to use it on a single computer. You agree that you may not copy the written materi- als accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary no- tices, labels or marks from the Software is strictly prohibited. Further- more, you hereby agree not to create derivative works based on the Soft- ware. You may not transfer this Software. 3. COPYRIGHT The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Dune Scientific and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same propri- etary notices as contained in or on the Software. All title and copy- rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materi- als, and any copies of the SOFTWARE PRODUCT, are owned by Dune Scientific or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 4. REVERSE ENGINEERING You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted here- under to Dune Scientific. 5. DISCLAIMER OF WARRANTY The Software is provided "AS IS" without warranty of any kind. Dune Sci- entific and its suppliers disclaim and make no express or implied warran- ties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither Dune Scientific nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the oper- ation of the Software will be uninterrupted or error-free. Dune Scien- tific IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. 6. LIMITATION OF LIABILITY Dune Scientific's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall Dune Scientific or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Dune Scientific or its supplier has been advised of the possibility of such damages, or any claim by a third party. 7. RENTAL You may not loan, rent, or lease the SOFTWARE. 8. UPGRADES If the SOFTWARE is an upgrade from an earlier release or previously re- leased version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software pro- gram which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer. 9. OEM PRODUCT SUPPORT Product support for the SOFTWARE PRODUCT IS provided by Dune Scien tific. For product support, please call Dune Scientific. Should you have any questions concerning this, please refer to the address provided in the documentation. 10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall Dune Scientific or its suppliers be liable for any dam- ages whatsoever (including, without limitation, incidental, direct, indi- rect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this product, even if Dune Scientific has been advised of the possibility of such dam- ages. Because some states/countries do not allow the exclusion or limita- tion of liability for consequential or incidental damages, the above lim- itation may not apply to you. 11. INDEMNIFICATION BY YOU If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend Dune Scientific and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement. ***************** CONTACT ******************************************** * Dune Scientific, LLC * 10522 Lake City Way NE, Suite 302 * Seattle, WA 98125 * Phone: 425 780 9648 * Email: contact@dunescientific.com **********************************************************************