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CrossFire Commander SOFTWARE END USER APPLICATION SPECIFIC LICENSE AGREEMENT APPLICATION SPECIFIC LICENSE SOLELY FOR USE WITH Crossfire Beilstein, CrossFire Abstracts, CrossFire plusReactions, Crossfire Gmelin or Patent Chemistry Database IMPORTANT READ CAREFULLY BEFORE INSTALLING: THE SOFTWARE YOU ARE ABOUT TO ACCESS, CrossFire Commander 7.1 and/or CrossFire Server 7.1, CONTAINS PROGRAMS, DOCUMENTATION AND OTHER PROPRIETARY MATERIAL ("SOFTWARE") THAT BELONGS TO Elsevier INFORMATION SYSTEMS GMBH ("Elsevier") AND ITS LICENSORS. POSSESSION AND USE OF THE SOFTWARE IS SUBJECT TO THIS SOFTWARE LICENSE AGREEMENT (THE "LICENSE"). BY CLICKING THE ACCEPT BUTTON YOU AND YOUR EMPLOYER (IF THE SOFTWARE IS BEING USED IN THE COURSE OF YOUR DUTIES OF EMPLOYMENT) (COLLECTIVELY, "YOU," "LICENSEE") REPRESENT AND WARRANT THAT: (A) YOU HAVE READ AND AGREE (AND HAVE THE AUTHORITY ON BEHALF OF YOUR EMPLOYER TO AGREE) TO BE FULLY BOUND BY AND BECOME A PARTY TO THIS LICENSE; AND (B) YOU ARE NOT (I) A NATIONAL OR RESIDENT OF A NATION UNDER GENERAL TRADE EMBARGO BY THE UNITED STATES, OR YOU DO NOT HAVE PERMANENT RESIDENT ALIEN STATUS IN THE U.S.; AND (II) YOU ARE NOT ON ANY OF THE FOLLOWING LISTS: THE GERMAN FEDERAL OFFICE OF ECONOMICS AND EXPORT CONTROL LIST; U.S. TREASURY DEPARTMENT’S SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS LIST; THE U.S. COMMERCE DEPARTMENT’S DENIED PERSONS AND UNVERIFIED LISTS; THE U.S. STATE DEPARTMENTS’ ENTITY AND DEBARRED LISTS. (C) IN THE EVENT YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS LICENSE, OR, IF YOU CANNOT WARRANT THAT YOU ARE NOT IN VIOLATION OF ANY PART OF (B), ABOVE, YOU ARE NOT AUTHORIZED TO INSTALL, USE OR POSSESS THE SOFTWARE AND MUST IMMEDIATELY CEASE TO INSTALL THE SOFTWARE. NOTWITHSTANDING THE FOREGOING, IF YOU, YOUR EMPLOYER AND/OR ACADEMIC INSTITUTION, ARE A CURRENT LICENSEE OF CROSSFIRE BEILSTEIN, CROSSFIRE ABSTRACTS, CROSSFIRE PLUSREACTIONS, OR CROSSFIRE GMELIN, AND YOU ARE A PERMITTED USER THEREUNDER, THEN SUCH PREEXISTING LICENSE SUPERSEDES AND CONTROLS THIS LICENSE AGREEMENT WITH RESPECT TO ANY DIFFERENT OR ADDITIONAL TERMS CONTAINED HEREIN. 1. GRANT OF LICENSE. Subject to all of the terms and conditions of this LICENSE, Elsevier grants to LICENSEE a non-exclusive, non-sub-licensable and non- transferable license to use the SOFTWARE in object code form only, only so long as YOU are a licensed user of Crossfire Beilstein, CrossFire Abstracts, CrossFire plusReactions, Crossfire Gmelin or Patent Chemistry Database. If YOU do not fit this description, a separate license to the SOFTWARE is required from Elsevier and no license is granted herein. This LICENSE does not entitle YOU to support, updates, enhancements or telephone assistance for the SOFTWARE. PERMITTED USES. LICENSEE may: * Use the SOFTWARE only on computers that are owned, leased or otherwise controlled by LICENSEE, and only for the use(s) granted herein. * Load the SOFTWARE into the computer's temporary memory (RAM). * Install the SOFTWARE onto a permanent storage device (e.g., a hard disk drive). * Make copies of the SOFTWARE for use as contemplated by this Agreement or for archival or backup purposes only, provided LICENSEE maintains possession of all such copies. All copies of the SOFTWARE shall be subject to the other terms and conditions of this LICENSE. * Use the included SOFTWARE solely and exclusively in conjunction with Crossfire Beilstein, CrossFire Abstracts, CrossFire plusReactions, Crossfire Gmelin or Patent Chemistry Database. NONPERMITTED USES. LICENSEE may not: * Electronically transfer the SOFTWARE from one computer to another over a network or use the SOFTWARE on more than one computer simultaneously in a network or multiple-user arrangement. * Rent, lease, lend, sell, transmit, or otherwise distribute or dispose of the SOFTWARE or LICENSEE's rights under this LICENSE on a temporary or permanent basis to another person or entity without the prior written consent of Elsevier. * Alter, adapt, translate, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code or underlying ideas, sequence, structure organization or algorithms of the SOFTWARE, create derivative works based upon the SOFTWARE or attempt or permit third parties to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. * Remove, modify or obscure any copyright, trademark, and/or any other proprietary notices contained in or on the SOFTWARE. * Export, re-export or transfer the SOFTWARE from the country in which it is originally downloaded to LICENSEE, without Elsevier's prior written consent. * Use for any purpose other than use in conjunction with Crossfire Beilstein, CrossFire Abstracts, CrossFire plusReactions, Crossfire Gmelin or Patent Chemistry Database. 2. OWNERSHIP OF SOFTWARE. The SOFTWARE is licensed and not sold. Elsevier and its licensors retain all title to and, except as expressly and unambiguously licensed herein, all rights and interests in the SOFTWARE and any and all new releases, updates and enhancements of the SOFTWARE and all intellectual property and proprietary rights in the SOFTWARE throughout the world. Elsevier reserves all rights in the SOFTWARE not expressly granted to LICENSEE. LICENSEE acknowledges that the SOFTWARE contains valuable unpublished, proprietary and confidential information of Elsevier and LICENSEE shall: (i) keep confidential such information; (ii) disclose such information only to the extent required to use the SOFTWARE under the terms of this Agreement; and (iii) if applicable, bind its employees, consultants, agents and other third parties in writing to maintaining the confidentiality of Elsevier's proprietary information in the SOFTWARE. 3. TERM AND TERMINATION. This LICENSE is effective from the date YOU download/install the SOFTWARE and will continue until terminated. THIS LICENSE SHALL TERMINATE SIMULTANEOUSLY UPON TERMINATION OR EXPIRATION OF YOUR LICENSE TO Crossfire Beilstein, CrossFire Abstracts, CrossFire plusReactions, Crossfire Gmelin or Patent Chemistry Database. The LICENSE may be terminated by Elsevier with or without notice to YOU in the event that YOU breach any of the terms or conditions of this LICENSE. YOU also may terminate this LICENSE at any time by destroying the SOFTWARE and all copies thereof. YOU agree to erase from your computer and destroy all copies of the SOFTWARE upon termination of the LICENSE. In the event of termination or expiration, the following sections of this License will survive: 2, 3, 4, 5, and 7. 4. DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LICENSEE ACKNOWLEDGES AND AGREES THAT Elsevier AND ITS LICENSORS DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING ABSENCE OF DEFECTS IN THE SOFTWARE, OR THE PERFORMANCE, USE OR RESULTS OF THE USE OF THE SOFTWARE OR ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. LICENSEE ASSUMES THE ENTIRE RISK ASSOCIATED WITH LICENSEE'S USE OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. 5. LIMITATION OF DAMAGES. IN NO EVENT SHALL Elsevier, ITS LICENSORS, DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS LICENSE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OR INACCURACY OR CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LIABILITY OR INJURY TO THIRD PERSONS, AND THE LIKE, WHETHER FORESEEABLE OR NOT, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF WHETHER Elsevier HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Elsevier, ITS DEALERS', DISTRIBUTORS' AGENTS' OR EMPLOYEES' LIABILITY FOR ANY DAMAGES TO LICENSEE, OR TO ANY OTHER PERSON OR ENTITY EVER EXCEED THE GREATER OF ONE DOLLAR OR THE LICENSE FEES PAID TO Elsevier IF ANY, REGARDLESS OF THE FORM OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY. 6. GENERAL. This LICENSE is a complete and exclusive statement of all of the terms, conditions, and representations of the agreement between LICENSEE and Elsevier with respect to the subject matter hereof. This LICENSE shall not be varied, supplemented, qualified, or interpreted by any prior course of dealing between LICENSEE and Elsevier or by any usage of trade. The terms of this LICENSE shall not be modified or supplemented by any purchase order or acknowledgment, even though Elsevier may have signed such a document. This LICENSE may be modified and the observance of any provision of this LICENSE may be waived only with the written consent of LICENSEE and Elsevier. If any term or provision of this LICENSE shall be found to be illegal, void, or for any reason unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of the remaining provisions of this Agreement. The license is personal to LICENSEE and any attempt to assign its rights and obligations hereunder will be void. The SOFTWARE is subject to German and U.S. import, export, and trade laws and regulations and LICENSEE agrees to comply with all such applicable laws and regulations. This Agreement shall be governed by the laws of the Federal Republic of Germany, and applicable U.S. and local law with respect to import, export and trade, regardless of the principles of conflicts of law, with the exception that the UN Convention on the International Sale of Goods and the Uniform Laws on the Sale of Goods shall not apply. The court of jurisdiction for both parties is the Regional Court of Frankfurt am Main. The foregoing does not limit the rights of Elsevier to seek legal remedies in other jurisdictions, including that of the LICENSEE. Elsevier is a registered trademark in the United States and ISIS is a trademark of MDL Information Systems, Inc. CrossFire Software Copyright © 1995-2008, Elsevier Information Systems GmbH. CrossFire Beilstein Database: Copyright © 2007-2008, Elsevier Information Systems GmbH. Patent Chemistry Database: Copyright © 2007-2008, Elsevier Inc., licensed to Elsevier Information Systems GmbH. PharmaPendium: Copyright © 2007-2008, Elsevier Inc., licensed to Elsevier Information Systems GmbH. All rights reserved. Other names may be trademarks or registered marks of their owners in the Federal Republic of Germany and other jurisdictions.