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YASARA End User License Agreement

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Summary:
1) If you use YASARA, you agree to this license.
2) In the unlikely case that you discover a bug, up to 40 EUR
will be added to your account.
3) There is no financial liability for any damage caused by YASARA.
4) YASARA is protected by a digital watermark that cannot be removed
without recompiling the program. You agree to keep YASARA safe and
not to pass it on to third parties.
5) In the virtually impossible case that we can no longer support
YASARA, users of YASARA Model and above get access to the source code
deposited at www.cmbi.ru.nl

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Please read this license carefully before using YASARA (also


referred to as 'the software' below). By installing or using YASARA,
you are agreeing to be bound by the terms of this license. If you do
not agree to the terms of this license, return the package to
YASARA Biosciences GmbH, Wagramerstrasse 25/3/45, 1220 Vienna, Austria,
including any bills that came with it.

1. License. YASARA, the software accompanying this license,


regardless of the media on which it is distributed, is licensed to
you by YASARA Biosciences GmbH for use in research and development.
If you ordered an academic license, YASARA may only be used at
academic, non-profit institutions. Any commercial for-profit use at
these institutions (including patent applications) implies an upgrade
to the commercial version. You own the medium on which the software
is recorded, but YASARA Biosciences GmbH retains title to the software
and related documentation.

2. Multiuser licenses. Permission to install YASARA on multiple


computers is granted, provided that you are the only one to use it.
If the software is used on more than one computer *and* by more than
one person, you need to purchase a group leader license. The
group leader license allows you to install YASARA on all the PCs
belonging to your research group and register two email addresses
for support.

3. License renewal. Licenses are issued for a certain time period.


If you do not renew your license, you lose access to updates and
support. Academic versions and perpetual commercial licenses of
YASARA will continue to work as usual after the license ended,
normal commercial licenses will slow down and show a permanent splash
screen which prevents productive work. However, you will still be
able to use all the functions (e.g. to access data stored in a
YASARA specific format and convert it). If you let your license
expire and want to have YASARA support and updates again some time
later, you need to buy a new license (albeit with a discount of
at least 25 percent).

4. Renewal price guarantee. We guarantee that the annual cost of


your first license renewal will be lower or equal to 37.5 percent
of the initial cost in the first year.

5. Functionality. Software beyond a certain complexity can


unfortunately not be 'bug-free'. While extreme care has been taken
to ensure that YASARA is close to 'bug-free', you may nevertheless
encounter an error. To compensate you for the trouble and the time
spent, a certain bonus will be subtracted from your next
bill if you report the error in a reproducible way. The bonus
ranges from 10 EUR for an inconvenience to 40 EUR for a serious problem
(e.g. a crash) for commercial users. For academic users, the bonus
is 25 percent of the amounts listed above. Errors will usually be
fixed within 24 to 48 hours.

6. Support guarantee. Support contracts for the software will be


available for at least 10 years after your initial purchase. If we
do not fulfill this promise, you acquire the right to use YASARA's
source code to ensure a proper function of the software. The latest
version of the source code has been deposited at the Center for
Molecular and Biomolecular Informatics, www.cmbi.ru.nl.

7. Safety considerations. YASARA contains copyrighted material, trade


secrets and other proprietary material. In order to protect them, you
agree to keep YASARA safe and ensure that third parties cannot copy or
otherwise gain access to the software. If this happens by accident,
you promise to contact us so that we can supply you with a replacement
license.

8. Transfer of your YASARA license. You may transfer all your


license rights in the software to a third party, provided that you
also delete all installations and backup copies, that you transfer a
copy of this license, that the third party reads and agrees to accept
the terms and conditions of this license, and that we are notified
about the transfer, so that the account can be updated. Upon such
a transfer your license is then terminated.

9. Disclaimer of Warranty on the software. While we do our best to


fix any issues you encounter immediately, it is not always possible
to objectively distinguish between a bug and a feature, and
consequently YASARA Biosciences GmbH cannot warrant proper
functioning of the software. You expressly acknowledge and
agree that use of the software is at your sole risk.

10. Limitation of Liability. Under no circumstances including


negligence, shall YASARA Biosciences GmbH be liable to you for any
incidental, indirect, special or consequential damages (including
damages for loss of business profits, business interruption, loss of
business information, and the like) arising out of the use of the
software or related documentation. Some jurisdictions do not
allow the limitation or exclusion of liability for incidental
or consequential damages, so the above limitation or exclusion may
not apply to you. But in no event shall YASARA Biosciences GmbH's
total liability to you for all damages, losses, and
causes of action (whether in contract, tort (including negligence)
or otherwise) exceed the amount paid by you for the software during
the last year.

11. Email news. At most once a year, you will


receive a news-letter about new functions, updates and scientific
developments. You can always unsubscribe from this newsletter.

12. Privacy policy. Your personal data stored in our database will
under no circumstances be passed on to third parties, unless we are
forced to do so by law.

13. Controlling Law and Severability. This license shall be governed


by and construed under the laws of Austria, without reference to its
conflict of law principles. In the event of any conflicts between
foreign law, rules, and regulations, and Austrian law, rules, and
regulations, Austrian law, rules and regulations shall prevail and
govern. The United Nations convention on contracts for the
international sale of goods shall not apply to this license. If for
any reason a court of competent jurisdiction finds any provision of
this license or portion thereof, to be unenforceable, that provision
of the license shall be enforced to the maximum extent permissible
so as to effect the intent of the parties, and the remainder of this
license shall continue in full force and effect.

14. Complete Agreement. This license constitutes the entire


agreement between the parties with respect to the use of the
software and the related documentation, and supersedes all prior or
contemporaneous understandings or agreements, written or oral,
regarding such subject matter. No amendment to or modification of
this license will be binding unless in writing and signed by a duly
authorized representative of YASARA Biosciences GmbH.

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