In case of any breach of the special conditions herein, you shall compensate ChemAxon in full for any damage caused by any breach of your obligations under this EULA, including any damage caused by third parties who may receive access to CHEMAXON SOFTWARE as a result of your breach. Such compensation shall be without prejudice to ChemAxon’s rights and remedies under this EULA and/or the applicable law such as ChemAxon’s right to demand specific performance or compensation for damages if the damages incurred exceed the amount of the compensation.
Evaluation End User License
- Under the Evaluation End User License, ChemAxon hereby shall grant you non-exclusive, nontransferable, time-limited rights to use, execute and perform CHEMAXON SOFTWARE solely for internal research purposes and for the purpose of evaluating and assessing CHEMAXON SOFTWARE. The Evaluation End User License is commencing from date of installation and is valid for a limited period of time (“Evaluation Term”) and may be subject to other restrictions as communicated by ChemAxon. Applicable license conditions, including without limitation scope, Evaluation Term, number of users/nodes/computers, and license fee, may be specified in the Application Documents. You shall at all times restrict the internal use of CHEMAXON SOFTWARE to Authorized Personnel only as defined hereinafter. Full access to CHEMAXON SOFTWARE is subject to payment of the applicable fees and any other terms associated with CHEMAXON SOFTWARE as defined above.
- Without obtaining prior written approval from ChemAxon, you may not use CHEMAXON SOFTWARE and any and all parts thereof (i) with any unsupported software or hardware (as described in the applicable documentation provided by ChemAxon), (ii) for any time-sharing, outsourcing, service bureau, hosting, application service provider or like purposes or (iii) for demonstration purposes.
- You shall not, at any time, disclose to any third party any information, documentation, benchmark results and/or proprietary materials including without limitation technical characteristics, test results and results of any performance, functional or other evaluation obtained from using or relating to CHEMAXON SOFTWARE evaluated (altogether “Results”). You may have the right to share such Results only with your employees or agents directly involved in making the decision about the purchase license of CHEMAXON SOFTWARE, provided that, you ensure that such employees or agents accept the duty to keep such Results in secret (“Authorized Personnel”). Any of such Results acquired by you during the Evaluation Term and thereafter shall not be (i) archived, stored, copied or uploaded to computers’ hard drives or media or made available via your corporate database that are accessible for employees or agents other than Authorized Personnel or (ii) used in your regular business activities or regular business activities of any third parties. Furthermore, you shall not use these Results in any activities that incur direct or indirect revenue for you and/or any third party.
- Upon expiry of the Evaluation Term and thereafter, (i) you may not use CHEMAXON SOFTWARE and any and all parts thereof and (ii) this EULA shall immediately terminate and all the rights granted to you under this EULA shall become null and void.
- After expiry of the Evaluation Term or termination of this EULA, nothing shall obligate you to license CHEMAXON SOFTWARE on standard license conditions. Similarly, CHEMAXON reserves the right at its sole discretion to refuse standard licensing CHEMAXON SOFTWARE to you.
Evaluation Developer License
- For Evaluation Developer License, all special conditions of the Evaluation End User License also apply. If there is any inconsistency or conflict between the provisions of Evaluation Developer License and Evaluation End User License, conditions of Evaluation Developer License shall prevail.
- During the Evaluation Term, Evaluation Developer License authorizes you to investigate integration and usage of CHEMAXON SOFTWARE and parts thereof solely for internal developing and testing your applications that you intend to provide to your end users who may be interested in using such applications with CHEMAXON SOFTWARE. Such authorization is valid to the extent if and insofar as CHEMAXON SOFTWARE allows, without you breaching any provision of Sections 1 and 4 in this EULA.
- Upon ChemAxon's request, you shall provide an integration plan and development schedule to ChemAxon prior to the Evaluation Term. Applicable license conditions, including without limitation scope, Evaluation Term, integration plan, development schedule, number of users/nodes/computers, or license fee, may be specified in the Application Documents.
- Notwithstanding the provisions of Section 8.6, after expiry of the Evaluation Term, you may enter into either Value Added Reseller License Agreement or Independent Software Vendor Agreement with ChemAxon.
- Obligations provided in Sections 8.3 throughout 8.6 and 8.10 of this EULA shall survive the termination of this EULA.