autoCAS End-User License Agreement

THIS EULA IS INTENDED ONLY FOR PRIVATE, INDIVIDUAL AND NON-COMMERCIAL USE OR FOR NON-COMMERCIAL ACADEMIC USE. IF YOU INTEND TO USE THE SOFTWARE FOR DIFFERENT PURPOSES (e.g. COMMERCIAL) PLEASE CONTACT: ETH Zurich – Laboratory for Physical Chemistry, Prof. Dr. Markus Reiher, Vladimir-Prelog-Weg 2, 8092 Zurich.

This End-User License Agreement ("EULA") is a legal agreement between you (“You”) (an individual) and ETH Zurich, Raemistrasse 101, 8092 Zurich (Switzerland) (“ETH Zurich”) for the autoCAS - program for the automated selection of active orbital spaces which includes computer software and associated media, and may include “online” or electronic documentation ("SOFTWARE").

The SOFTWARE is protected by copyright laws. The SOFTWARE is hereby licensed, not sold.

In order to access and use the SOFTWARE, You must indicate agreement with the following terms and conditions.

1 LICENSE GRANT

ETH Zurich hereby grants to You a free-of-charge, single, non-exclusive, world-wide, non-transferable, non-sublicensable right to install, execute and display the SOFTWARE on a single device running a validly licensed copy of the operating system for which the SOFTWARE was designed. Such rights are granted for the sole purpose for (i) private and non-commercial use or for (ii) non-commercial academic use. You are NOT allowed to use the SOFTWARE for any commercial purposes.
With respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.

2 USE OF RESULTS GENERATED BY THE SOFTWARE

You are only allowed to use the content generated by the SOFTWARE (“SOFTWARE RESULTS”) for private, individual and non-commercial purposes or for non-commercial academic purposes. Any use of the SOFTWARE RESULTS outside this purposes is strictly forbidden.

Extracting numeric data or the attempt to technically derive any kind of numeric data from the SOFTWARE RESULTS is also strictly forbidden. Note that any attribution (e.g. ETH Zurich logo or the name of data provider) on the SOFTWARE RESULTS must be retained. You are not allowed to alter, cancel or fade, after a few seconds, such attribution.

3 THIRD PARTY CODE

The SOFTWARE may contain other program code from third parties. A list of other third party code and libraries used by this SOFTWARE is available here:

4 DURATION OF LICENSE AND TERMINATION

This EULA enters into effect on the date of acceptance of this EULA by You. This EULA,

may be terminated by ETH Zurich at any time for any reason;
will terminate automatically without notice from ETH Zurich if (a) You fail to comply with any term(s) of this EULA or (b) You refuse, after the notification in accordance with clause 10 (i), to accept the new EULA term and conditions provided by ETH Zurich;
is terminated as soon as You cease to use the SOFTWARE and destroy all copies, full or partial, of the SOFTWARE;

Upon termination pursuant to (i) and (ii), you must cease all use of the SOFTWARE and destroy all copies, full or partial, of the SOFTWARE.

5 OBLIGATIONS OF YOU

You may not remove or alter any copyright notices on any and all copies of the SOFTWARE.
You may not distribute or assign the SOFTWARE or any copy thereof to third parties. You may not rent, lease, sell, lend, transfer, redistribute, or sublicense the SOFTWARE to any third party.
You may not reverse engineer, decompile or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law despite this limitation.
You may not reproduce, modify or adapt the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law despite this limitation.
You must comply with all applicable laws.

6 OWNERSHIP

Except as expressly licensed to You in this EULA, ETH Zurich and its licensors retains all right, title, and interest in and to the SOFTWARE. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying materials, and any copies of the SOFTWARE are owned by ETH Zurich and its licensors. The SOFTWARE is protected by copyright laws. Therefore, You must treat the SOFTWARE like any other copyrighted material. All rights not expressly granted are reserved by ETH Zurich.

7 MAINTENANCE, SUPPORT, UPGRADES OR NEW RELEASES

ETH Zurich has no obligation to provide maintenance, support, upgrades, new releases, enhancements or modifications and disclaims all costs associated with service, repair or correction of the SOFTWARE. If any supplemental software code is provided by ETH Zurich to You this supplemental software code shall be considered part of the SOFTWARE and is subject to the terms and conditions of this EULA. It is expressly acknowledged by You that no rights to receive upgrades may be derived from this EULA.

8 NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ETH ZURICH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ETH ZURICH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ETH ZURICH OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

9 LIABILITY

In no event shall ETH Zurich be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising from the use of or inability to use the SOFTWARE through You. In no event will ETH Zurich be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise.

The above limitation of liability shall not be construed to amend or limit any Party’s statutory liability.

10 GENERAL PROVISIONS

ETH Zurich reserves the right to change the terms and conditions of this EULA at any point in time. In such event, ETH Zurich will notify You in due time of the changes to the terms of the EULA.
Rights and duties derived from this EULA shall not be transferred to third parties without the written acceptance of the ETH Zurich.
You shall not infer from this EULA any other rights, including licenses, than those that are explicitly stated herein.
This EULA shall exclusively be governed by and interpreted in accordance with the laws of Switzerland, without reference to its conflict of laws principles. The exclusive place of jurisdiction is Zurich (Switzerland).

11 ACKNOWLEDGMENT

You acknowledge that you have read this EULA, understand it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of ETH Zurich agreeing to provide the SOFTWARE, You agree to be bound by the terms and conditions of this EULA. You further agree that it is the complete and exclusive statement of the agreement between you and ETH Zurich, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and ETH Zurich relating to the subject of this EULA.