If the terms stated in this Agreement are acceptable to You, then click on the "Yes, I Agree" button below.
Further opening or downloading this Software indicates Your acceptance of the terms and conditions contained
in this Agreement.
Terms
KnowItAll U Software End User
License Agreement and Terms of Use
LEGAL NOTICE:
The KnowItAll® AnyWare™ software and databases (the
"Software") is made available by the Informatics Division
of John Wiley & Sons, Inc. ("Wiley") to you, the end
user ("You"), in accordance with the terms and conditions
of this End User License Agreement and Terms of Use (the
"Agreement"). For the avoidance of doubt, all references
to "You" shall include the individual end user and any
person or entity licensing the Software on the end user's behalf.
In addition, if You are a faculty member, administrative staff
member, or officially registered student at an educational
institution ("Institution"), the Software is also subject
to the terms of a KnowItAll® U License Agreement by and between
Wiley and Your Institution, and You hereby certify to the
following:
1. You are a current faculty or administrative staff member,
or officially registered student of the Institution.
2. You acknowledge that the Institution has entered into a
license agreement with Wiley to provide You with access to the
Software and that any violation of this Agreement by You could
result in a termination of the license granted to Institution.
3. You will not remove any proprietary marks, disclaimers,
legends, and copyright notices that appear in any copy of the
Software or any portion thereof.
4. You will contact Institution's Key Contact with any
questions related to the use of the Software.
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY CLICKING ON
THE "Yes, I Agree" BUTTON BELOW YOU ARE ACCEPTING THE
TERMS OF THIS AGREEMENT.
The Wiley databases and software (the "Software")
is made available by the Informatics Division of John Wiley & Sons, Inc.
("Wiley") to you, the end user
("You") in accordance with the terms and conditions of the
following end user license agreement (the "Agreement").
For the avoidance of doubt, all references to "You" shall
refer to the individual end user and any person or entity licensing
the Software on the end user's behalf.
PLEASE READ THE AGREEMENT CAREFULLY. BY CLICKING ON THE
"Yes, I Agree" BUTTON BELOW YOU ARE ACCEPTING THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS
AGREEMENT, CONTACT WILEY FOR INFORMATION REGARDING RETURN OF THE
SOFTWARE.
LICENSE: Wiley hereby grants to You a non-exclusive,
non-transferable license to use the Software in object code only for
Your own internal purposes, in accordance with the documentation
provided with the Software, and as provided for under the terms of
this Agreement. Any derivative work created from using the Software
shall be used only internally by You and may not be transferred to
any third party. You acknowledge that any violation of this
Agreement by You could result in a termination of this License.
TITLE: You agree that the Software, and any and all updates,
versions, modifications, enhancements, improvements, and copies
thereof, and all information and intellectual property contained
therein, is proprietary to Wiley, embodying substantial creative
efforts and proprietary information, ideas, intellectual properties
and expressions, and that the furnishing thereof does in no way
constitute the granting or waiver, by Wiley, of its proprietary
interest or exclusive rights therein. Wiley reserves all rights to
the Software not expressly granted herein.
LIMITATIONS ON USE: You shall not (1) sell, license, lease,
lend, loan or otherwise transfer possession of any physical object
containing the Software to any person or entity, or otherwise
distribute the Software, or use the Software as a part of a service
bureau, Application Service Provider (ASP), or similar structure
that allows third parties to use or benefit from the use of the
Software, whether over the internet or otherwise; (2) copy,
reformat, rearrange, excerpt or modify, disassemble, decompile, or
otherwise reverse engineer all or any part of the Software for any
purpose, except that You may make one copy of the Software for
archival back-up purposes only; (3) remove any proprietary marks,
disclaimers, legends, and copyright notices that appear in any copy
of the Software or any portion thereof.
DISCLAIMER OF WARRANTY: WILEY MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE
SOFTWARE IS FURNISHED "AS IS", WITH ALL FAULTS, AND
WILEY DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE
UNINTERRUPTED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR
FREE.
LIMITATION OF LIABILITY: Your sole remedy for any breach of
this Agreement by Wiley shall be the provision of replacement
Software. IN NO EVENT SHALL WILEY BE LIABLE FOR ANY INDIRECT,
SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF DATA, LOST
PROFITS OR LIABILITY OR INJURY TO THIRD PERSONS OR ENTITIES, HOWEVER
CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER FORESEEABLE OR
NOT, REGARDLESS OF WHETHER WILEY HAS BEEN ADVISED OF THE
POSSIBILITY OF ANY DAMAGE. WILEY WILL NOT BE LIABLE FOR ANY
DAMAGES RESULTING FROM USE OF THE SOFTWARE WHICH IS NOT IN
ACCORDANCE WITH THE DOCUMENTATION PROVIDED WITH THE SOFTWARE. You
hereby agree to indemnify, defend and hold harmless Wiley from any
and all liability arising out of or in connection with Your proper
or improper and unauthorized use of the Software or any parts of it.
In no event shall You be entitled to any damages in excess of Your
payments to Wiley hereunder in the preceding twelve (12) month
period.
CONFLICTING TERMS: The terms of this Agreement shall take
precedence over any conflicting terms which may be in Your purchase
order or Wiley's or its agent's invoice.
THIRD PARTY SOFTWARE: You acknowledge that the Software may
include components from third parties, and terms and conditions of
this Agreement apply with equal force to such third party
components, and such third parties are beneficiaries of this
Agreement.
ADDITIONAL LICENSES AND SOFTWARE: Upon the mutual agreement of
Wiley and You, and upon payment of then-current license fees, You
may expand this license to include additional software and/or data
(which shall be considered "Software" hereunder),
including but not limited to Infrared Data ("IR Data"),
Nuclear Magnetic Resonance Data ("NMR Data"), Raman Data
("Raman Data"), Ultraviolet Visible Data ("UV/VIS
Data"), Gas Chromatography Data ("GC Data"), Mass
Spectral Data ("MS Data") and/or additional software
modules developed by third parties, and/or You may expand the scope
of this license by renewals thereof. Use of the additional Software
shall be governed by the terms and conditions of this Agreement, and
any additional terms and conditions provided with such additional
Software.
TERMINATION: This Agreement and the license granted herein
shall continue until the end of the license term or until terminated
as described in this Section. If You breach this Agreement, Wiley
shall have the right to terminate this Agreement immediately,
without prior notice. Breaches of this Agreement include but are not
limited to the unauthorized sale, use or distribution of the
Software or any derivative work, or any portion or enhancement of
the Software or any derivative work, to any third party. You shall
be responsible for any damages caused to Wiley which may result
from Your breach of this Agreement, including Wiley's costs and
damages occasioned by act or omission on Your part, and its damages
in enforcement of this Agreement. The remedies specified herein are
cumulative, and are in addition to any other remedies which Wiley
may have at law. You may terminate the license at any time by
written notice to Wiley. Upon termination for any reason, You
shall discontinue use of the Software and any derivative work,
return or destroy any and all copies of the Software and destroy any
and all copies of any derivative work, in whatever form, and agree
to certify to such destruction upon Wiley's request.
GOVERNING LAW: This Agreement shall be governed by the laws of
the United States of America and of the State of California, without
regard to conflict of laws.
ASSIGNMENT: This Agreement may not be transferred or assigned
without Wiley's prior written consent.
JURISDICTIONS: Some states, countries or jurisdictions do not
allow the exclusion or limitation of incidental, consequential or
special damages, or the exclusion of implied warranties, or other
terms hereof, so such terms may not apply. Any decision by a court
of competent jurisdiction invalidating or holding unenforceable any
part of this Agreement shall not affect the validity and
enforceability of any other part of this Agreement.
U.S. GOVERNMENT END USERS: The Software and related
documentation are provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software -- Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such
purpose is John Wiley & Sons, Inc.
EXPORT COMPLIANCE REQUIREMENTS: Export of any Wiley product
or technical information relating to the product (i.e., manuals,
memoranda, specifications, schematics, etc.) outside of the United
States is subject to U.S. export control and trade sanctions laws
and regulations, including but not limited to the U.S. Export
Administration Regulations ("EAR") and regulations
maintained by the U.S. Department of the Treasury, Office of Foreign
Assets Control ("OFAC") (together "Export
Controls").
You agree that You shall not use, download or otherwise
export, re-export or transfer any Wiley product or technical
information except in full compliance with all United States and
other applicable Export Controls, In particular, unless otherwise
authorized under applicable Export Controls or by license issued by
relevant government authorities, You shall not:
1. use or download any Wiley product or related technical
information if You are located (even temporarily) in any embargoed
or restricted* countries (currently including but not limited to
Cuba, Iran, North Korea*, Sudan, and Syria*); or
2. export, re-export, sell, license, or otherwise provide or
transfer, directly or indirectly, any Wiley product or technical
data (or the direct product thereof) to the embargoed or restricted*
countries (currently including but not limited to Cuba, Iran, North
Korea*, Sudan, and Syria*) or to any person or entity located in,
under the control of, or acting on behalf of the governments of such
countries; or
3. export, re-export, sell, license or otherwise provide or
transfer any Wiley product to Your customers or any intermediate
entity in the chain of supply if any Wiley product will be used in
the design, development, production, stockpiling or use of missiles,
chemical or biological weapons or for nuclear end uses; or
4. export, re-export, sell, license or otherwise provide or
transfer, directly or indirectly, any Wiley product or related
technical data to any person or entity identified by the U.S.
Government as a person/entity to whom transfers of such
products/data are restricted, including but not limited to persons
identified on the Department of Commerce's Entity List, Unverified
List, Denied Party List, OFAC's List of Specially Designated
Nationals and Other Blocked Persons and the U.S. Department of
State's proliferation lists. (For the current U.S. listings, please
refer to:
http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm )
All rights to use the Wiley product(s) are granted on
condition that such rights are forfeited if You fail to comply with
the terms of these Export Compliance Requirements.
For more information regarding U.S. export laws and
regulations and to obtain a current and complete list of all
countries subject to U.S. export restrictions and embargoes, contact
the U.S. Department of Commerce and the U.S. Department of the
Treasury, Office of Foreign Assets Control.
If the terms stated in this Agreement are acceptable to You,
then click on the "Yes, I Agree" button below. Further
opening or downloading this Software indicates Your acceptance of
the terms and conditions contained in this Agreement.
COPYRIGHT NOTICE: Copyright © 2001 John Wiley & Sons, Inc.
All rights reserved.
KnowItAll U Software EULA (Rev. 18 Nov 2013)
$Date: 2013-11-25 11:39:00 -0700 (Mon, 25 Nov 2013) $
$Revision: 11822 $