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NUTS License and Support policy

 

NUTS Software License Agreement and Support Policy

NUTS is a software program for NMR data processing under Microsoft Windows and Macintosh.

The software is supplied with 90 days of telephone and e-mail support. The user receives a license “key” which contains encrypted information about the licensee and support status. At any time during the support period, the user may download a new copy of NUTS from the ftp or WWW site and the license “key” will convert it to a licensed and personalized copy. If the license has expired, the new copy will operate only as a demo, but earlier copies of NUTS will still function. Support can be extended for 15% of the purchase price per year, including discounted copies.

After 90 days, a 1-year support contract is 15% of current list price for the combined NUTS package owned. This entitles the user to download updated copies of the program at any time.

Users who choose not to purchase support can use their original copy of Nuts forever.

Obtaining an updated copy of Nuts, for users who are under support, simply consists of downloading a new copy from the web or ftp site, which is converted into a fully functional, personally licensed copy when combined with a license “key” file. A new copy may be downloaded at any time, and becomes a full copy, provided the support period has not expired.

The Licensee, assumes all responsibility for the selection of the program to achieve his/her intended results, and for the installation, use, and results obtained from the program. If the Licensee copies or modifies the program in whole or part except as expressly provide for in this license, the license is automatically terminated.

SINGLE-USER LICENSE:

The Licensee may:
Use the program on a single machine and copy the program into any machine-readable or printed form for backup or support of your use of the program on the single machine.

The user is also authorized to have the supplied program exist on as many different computer systems as desired as long as only one licensed copy of the program is ever used at one time. If it is possible to have more than one copy of the supplied program in use at a time, additional copies of the program should be purchased.

Modify the program and/or merge it into another program for your use on the single machine. Any portion of the program merged into another program will continue to be subject to the terms of this Agreement. You must reproduce and include the copyright notice on any copy, modification, or portion merged into another program.

Transfer the program and license to another party if the other party agrees to accept the terms and conditions of this Agreement. If you transfer the program, you must at the same time either transfer all copies, whether in machine readable or printed form, to the same party or destroy any copies not transferred; this includes all modifications and portions of the program merged into other programs.

DEPARTMENTAL (LOCAL) SITE LICENSE:

The Licensee may:
Distribute copies of the license “key” to any member of the department to which the software is licensed. The software is licensed to the organization, not the individual. All copies must remain with the organization, and cannot be transferred if an individual moves to a new location or organization.

All other terms apply as for single-user licenses.

CORPORATE-WIDE LICENSE:

The Licensee may:
Distribute copies of the license “key” to any member/employee of the company or organization to which the software is licensed, regardless of location. The software is licensed to the organization, not the individual. All copies must remain with the organization, and cannot be transferred if an individual moves to a new organization.

All other terms apply as for single-user licenses.

TERM
The license is effective on the date you accept this agreement, and remains in effect until terminated as indicated above or until you terminate it. If the license is terminated for any reason, you agree to destroy the program together with all copies, modifications, and merged portions in any form.

WARRANTY DISCLAIMER
The program is is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. the entire risk as to the quality and performance of the program is with you. should the program prove defective, you (and not Acorn NMR or its dealers) assume the entire cost for all necessary repair or correction.

Some states do not allow the exclusions of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

Acorn NMR does not warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error free.

LIMITATION OF REMEDIES
In the event that the computer media on which the program is provided is defective in materials or workmanship, your exclusive remedy is limited to its replacement, or a refund of the purchase price therefore, by Acorn NMR in accordance with its applicable product return and replacement policies.

In no event will Acorn NMR or its dealers be Liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages arising from the use or inability to use the program (whether or not due to any defects therein) even if Acorn NMR or its dealers have been advised of the possibility of such damages, or for any claim by any other party. (Some states do not allow the limitation or exclusion of liability for consequential damages so the above limitation may not apply to you.)

GENERAL TERMS
This Agreement can only be modified by a written agreement signed by you and Acorn NMR, and changes from the terms and conditions of this Agreement made in any other manner will be of no effect. If any portion of this Agreement shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby. This Agreement shall be governed by the laws of the State of California.

ACKNOWLEDGMENT
Your use of the program acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and Acorn NMR which supersedes all proposals or prior agreements, oral or written, and all other communications between you and Acorn NMR relating to the subject matter of this agreement.

Last updated: 02/22/04