This license is only provided to the faculty and students of the academic department or group registered to receive the free license. You are not eligible to receive the license or use the Software if you are not a member of the faculty or student of a four year, degree awarding post secondary college/university.

BY INSTALLING OR USING THE SOFTWARE (“SOFTWARE”) OF ACCELRYS SOFTWARE INC. (“ACCELRYS”) THAT ACCOMPANIES THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”), YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN PLEASE CLICK ON THE “ACCEPT” BUTTON. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT INSTALL OR USE THE SOFTWARE.

LICENSE GRANT . Subject to the terms of this Agreement, Accelrys grants to you, free of charge, and you accept, on behalf of the faculty and students of the academic department or group (the “Users”) registered to receive the Software license , a nonexclusive, non-transferable license to use Accelrys' Software and accompanying documentation ("Documentation"), if any, in the manner described below under "Scope of License Grant." The term of the license is one year, unless terminated early as set forth in the Section entitled “Termination” below.

SCOPE OF LICENSE GRANT. You and the Users may: Install and use the Software solely for academic use and academic research purpose s. As used in this Agreement, “academic use and academic research” means use for teaching and learning and research which is not confidential and/or proprietary, and the results of which may be published immediately in the public domain without restriction.
You may not :
(a) Sublicense, distribute, provide access to or use the Software to process the work of anyone other than the Users. The Software may not be used for any commercial purpose or to provide consulting, research or similar services to any other person or entity ;
(b) Use the Software with any other Accelrys software for which you obtained a fee-bearing license; or
(c) Modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software, or any portion thereof; copy the Software other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.

All rights not expressly granted by Accelrys under this Agreement are reserved by Accelrys. No support or maintenance shall be provided.

TERMINATION . The license granted hereunder will terminate automatically if you /the Users fail to comply with the terms and conditions of this Agreement. You may terminate this license at any time by ceasing all use of the Software and Documentation. Upon any such termination, you must destroy all copies of the Software and Documentation. No refunds or credits will be due.

TITLE . Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall at all times remain in Accelrys and/or its suppliers. Accelrys reserves any rights not expressly granted under this Agreement. The Software is protected by copyright and other intellectual property laws and by international treaties.

EXPORT CONTROLS . The Software and related technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Department of the Treasury list of Specially Designated Nationals and Blocked Persons, or the U.S. Department of Commerce, the Denied Persons List and Entity List. By installing 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. In addition, you agree to comply with any other applicable U.S. export control laws and any local laws in your jurisdiction that may affect your right to import, export, or use the Software. By installing or using the Software, you are also representing and warranting that you will not use, or permit or authorize others to use, the Software in connection with the design, development, production, stockpiling or use of any chemical or biological weapons. You agree to defend, indemnify and hold Accelrys harmless from any claims arising out of or relating to your violation of any such export control laws.

NO WARRANTY . The Software and Documentation are provided “AS IS” “AS AVAILABLE” and without warranty of any kind. ACCELRYS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS.

LIMITATION OF LIABILITY . UNDER NO CIRCUMSTANCES SHALL ACCELRYS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, WHETHER FORESEEABLE OR NOT. IN NO EVENT WILL ACCELRYS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ACCELRYS RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ACCELRYS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

GENERAL . This Agreement represents the complete and final agreement concerning the license granted hereunder and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remainder of this Agreement shall nonetheless remain in full force and effect. This Agreement shall be construed, governed, and enforced solely and exclusively by the laws of the State of California , USA , excluding conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. You hereby agree that the courts located in the county of San Diego, the State of California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You may not assign this Agreement to any third party without first obtaining the express written consent of Accelrys, and any assignment by you without such consent shall be null and void. Accelrys may freely assign this Agreement to any third party. If you have any questions concerning this Agreement, you may contact Accelrys at 10188 Telesis Court, Suite 100 , San Diego , CA 92121 , USA ; (858) 799-5000, Attention: Legal.