Plexus Connect - Terms of Use for the Demo Site

    What is Plexus Connect Demo Site?

    The Plexus Connect Demo Site (“ PCDS ”) of Chemaxon (“ Chemaxon ”) is a publicly available web resource developed and made available by Chemaxon with the purpose of facilitating a nice and simple environment to demo, test and try out Chemaxon's proprietary software product, Plexus Connect (the “ Purpose ”). Plexus Connect is a commercially available, web-based software to access, display, search and analyze scientific data. A number of Chemaxon tools are integrated into the software, combining our strong chemistry knowledge with all the technical benefits of a browser-based environment.

    Plexus Connect Demo Site Terms of Use

    Eligibility

    In order to use PCDS, you will be required to complete a registration and will receive an account inChemaxon Pass. You have to fill out all necessary fields of and submit to Chemaxon the form of registration request. The PCDS is only open to persons who have corresponding institutional email address. No public email address (e.g., gmail.com) is accepted. Chemaxon may, at its sole discretion, decide as to whether any eligibility requirement has or has not been met.

    Registration

    BY SUBMITTING TO CHEMAXON YOUR REGISTRATION REQUEST FOR USING PCDS, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE (THE “ TERMS OF USE ”) AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE PCDS.

    Your Responsibilities

    You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is prohibited.

    PCDS are public services and do not support private data. The structures provided by users on PCDS are publicly accessible. For avoidance of doubt, Chemaxon is not the owner of such structures.

    More generally, before you submit any information to PCDS, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information or past any URL, type any chemical name or other text including any chemical name, drawing or uploading any chemical structure or data or uploading documents of any kind containing any chemical structure, please consider that PCDS are open to the public. You take full responsibility for any information you provide to these web sites. Except as expressly set forth on PCDS otherwise, if you submit any information to PCDS, you are giving that information, and all your rights in it, to Chemaxon free of charge and such information shall be deemed to be non-confidential and Chemaxon shall have no obligation of any kind with respect to such information and shall be free to store, reproduce, use, disclose and distribute the information to others without limitation, without your consent or any compensation to you or anyone else. Chemaxon shall be free to use any know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information. This is true whether you submit such information to us by e-mail, through a form on PCDS, on a bulletin board, or in any other manner. Chemaxon may from time to time monitor, review and, in its sole discretion, modify or delete any postings you make on PCDS however, Chemaxon is not obligated to do so.

    You agree not to submit or transmit to PCDS any written material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to PCDS. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through PCDS any written material which disrupts the normal operation of PCDS or Forum, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using PCDS. Through your usage of PCDS, you may submit and/or Chemaxon may gather certain limited information about you and your website usage. We are free to use such information for any purpose we deem appropriate, including marketing purposes. For more information, please check our Privacy Policy for PCDS.

    When using PCDS, information will be transmitted over a medium that is beyond the control and jurisdiction of Chemaxon and its suppliers. Accordingly, Chemaxon assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of PCDS.

    Chemaxon’s headquarters is located in Budapest, in Hungary. Chemaxon makes no representation that the materials on PCDS are appropriate or available for use in other locations. Access to the content may not be legal by certain persons or in certain countries outside of Hungary. If you access PCDS from outside Hungary, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

    No Warranty / Limited Liability

    You may use PCDS only for the Purpose defined hereinabove. The content on PCDS is not intended in any way to be professional chemical advice and should not be interpreted as recommendations. Chemaxon do not assume liability for any damages whatsoever arising in connection to PCDS.

    PCDS AND THE CONTENT ARE PROVIDED "AS IS". CHEMAXON, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, CHEMAXON, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS, VALIDITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF PCDS OR CHEMAXON, OR ON ANY SITE OR SITES "LINKED" TO PCDS. CHEMAXON MAKES NO WARRANTY THAT PCDS WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHEMAXON, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON PCDS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO PCDS OR ANY WEBSITE OPERATED BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHEMAXON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF PCDS.

    Any claims arising in connection with your use of PCDS or any content must be brought within one (1) year of the date of the event giving rise to such action occurred.

    External web pages

    As a resource to our visitors, PCDS may provide links to other websites. However, because we do not control the content of the other websites we may link to, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of third-party sites. Chemaxon does not endorse the content on any third-party websites. Chemaxon is not responsible for the content of linked third-party sites, sites framed within PCDS, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

    Content / Data Generated

    The structure based calculations and other technology used at PCDS are based on functionality developed by Chemaxon, wherever possible, calculations will use the latest release version of the Chemaxon functionality. Everything that you read or see on PCDS is copyrighted or otherwise protected and owned by Chemaxon or a third party who licensed or granted to Chemaxon the right to use such material. Unless otherwise expressly noted, nothing that you read or see on PCDS may be copied or used except as provided in these Terms of Use or with the prior written approval of Chemaxon.

    Chemaxon does not grant you permission to print individual pages from PCDS except provided herein. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not:

    • use the materials for any commercial purpose, or for any public display (commercial or non-commercial); if this is your intention you need to contact Chemaxon at sales [at] chemaxon [dot] com and purchase Plexus Connect license(s);

    • remove any copyright, trademark or other proprietary notations from the materials; or

    • transfer the materials to another person or "mirror" the materials on any other server.

    Chemaxon makes no warranties or representations to you that your use of any materials displayed on PCDS will not infringe the rights of third parties. Chemaxon is not in a position to assess the validity of any proprietary rights or has no right to transfer the same to you or a third party. Therefore, Chemaxon cannot provide comment or permission (except as provided herein) concerning any input you make to PCDS and the use, copying, or distribution of any information and data generated on PCDS.

    Trademarks and logos

    Unless otherwise indicated, all logos, names, designs, and marks on PCDS are trademarks or service marks owned or used under license by Chemaxon. The use or misuse of any of these marks or other information is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Chemaxon or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Chemaxon copyright.

    Indemnification

    You hereby agree to indemnify and hold harmless Chemaxon, its affiliates, officers, directors, employees, agents, shareholders, suppliers and any third party providers from and against any and all damages, losses, costs and expenses or liability arising out of or in connection with the performance of PCDS or use, copying, or distribution of any information or data generated on PCDS, whether alone or in combination with any product or service or resulting from any violation of this notice.

    Governing Law

    These Terms of Use are governed by the internal substantive laws of Hungary, without resort to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with Chemaxon, or in any way relating to your use of PCDS, resides in the courts of Hungary. However, if your institution is a state university in the USA and the constitution or laws of your institution’s state expressly require that the laws of your state apply to contracts to which the institution enters, then the jurisdictional and substantive laws of your state shall govern these Terms of Use without regard to conflicts of law provisions. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use.

    Termination

    You may terminate the agreement incorporated in these Terms of Use at any time by destroying all materials received from PCDS, ceasing to use PCDS.

    Privacy policy

    These Terms of Use constitute the entire agreement between you and Chemaxon with respect to the use of PCDS and its content. Your use of PCDS is also subject to Chemaxon’s Privacy Policy for PCDS. Chemaxon’s use of the information you provide in connection with your account registration will be treated by Chemaxon in conformity with Chemaxon’s aforementioned privacy policy.

    Updates

    Chemaxon may modify these Terms of Use at any time without notice to you, so it is advisable to review it frequently. The latest version of these Terms of Use will be posted on the PCDS and the product page of Plexus Connect, all amended terms shall automatically be effective seven (7) days after such post.

    For legal issues, Chemaxon may be contacted at compliance [at] chemaxon [dot] com.