CS ChemOffice Net including CS ChemDraw Net and CS Chem3D Net End User License Agreement GRANT. (a) If you are a student, faculty member or staff member of an educational institution (K-12, junior college or college) or an employee of a charitable non-profit organization, CambridgeSoft Corporation ("CambridgeSoft") hereby grants you a non-exclusive license to use its accompanying software product ("Software") free of charge with the additional restrictions as described below. Government agencies are not considered charitable non-profit organizations for purposes of this license agreement. (b) If you are not a student, faculty member or staff member of an educational institution (K-12, junior college or college) or an employee of a charitable non-profit organization, CambridgeSoft Corporation ("CambridgeSoft") hereby grants you a non-exclusive license to use its accompanying software product ("Software") free of charge for a period of ninety (90) days, with the additional restrictions as described below. If you elect to continue to use the Software after ninety (90) days, you must register the software and send the designated license fee ($49 within North America; $79 internationally) to CambridgeSoft Corporation at 875 Massachusetts Avenue, Cambridge, MA 02139 USA. Payment of the license fee entitles you to use a copy of the software on a single computer. If the Software is permanently installed, i.e. on a hard disk or other storage device of a computer, and you are the primary user of that computer, then you may also install and use the Software on a portable or a home computer. However, the Software may never be used by more than one person at the same time. SUPPORT. If you are using the Software free of charge, you will not be entitled to support or telephone assistance. 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 in CambridgeSoft and/or its suppliers. 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. TRANSFER. You may not rent, lease or sublicense the Software or Documentation. You may provide copies to third parties for evaluation under this license, provided such copies are unmodified, subject to the following restrictions: (a) You must transfer all original files, including the installers. (b) You may not transfer the individual files created by the installation process. (c) You may not modify the Installer application file in any way. (d) You may not charge any fee for the use, copying, or distribution of the Software. (e) You must make sure that any copies that you are permitted to make pursuant to this Agreement contain the same copyright and other proprietary notices which appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as stated above, this Agreement does not grant you any rights to intellectual property rights in the Software. DISCLAIMER OF WARRANTY. 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 CAMBRIDGESOFT 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 CAMBRIDGESOFT OR ITS SUPPLIERS OR RESELLERS 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, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL CAMBRIDGESOFT BE LIABLE FOR ANY DAMAGES IN EXCESS OF CAMBRIDGESOFT'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF CAMBRIDGESOFT 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. 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. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall be governed by and construed under Massachusetts law as such law applies to agreements between Massachusetts residents entered into and to be performed within Massachusetts, except as governed by Federal law. The application of 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 CambridgeSoft Corporation, 875 Massachusetts Avenue, Cambridge, MA 02139.