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IMPORTANT - PLEASE READ AND COMPLY!
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The following Terms and Conditions apply to all programs (SML-Software), analysis files and documentation (hereinafter collectively referred to as the "PROGRAM") downloaded by using the AKTS online analysis service, registering with AKTS request systems, receiving and using the PROGRAM.

Before using this PROGRAM, please read carefully the following Terms and Conditions. Continuing to use the PROGRAM indicates your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, immediately stop the use of this program and return it promptly to AKTS or destroy it.


BY INSTALLING, COPYING, OR OTHERWISE USING THIS PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THE AKTS LICENSE AGREEMENT.

This PROGRAM is protected by Swiss copyright law and international copyright treaties, as well as Swiss intellectual property law and international intellectual property laws treaties.

This PROGRAM is licensed, not sold. AKTS or its suppliers hold all rights and titles in the PROGRAM. AKTS grants you a license for the PROGRAM. You obtain no rights other than those granted to you under this license. You are responsible for the selection, installation, use and results of the PROGRAM.


LICENSE

Under this License :

One person, as an individual or member of a corporation or of an entity, may use the PROGRAM on one computer and make a copy of the PROGRAM for backup purposes only, provided that all copyrights and other proprietary notices contained in the original PROGRAM are reproduced. No additional copies of the PROGRAM can be made without the express written consent of AKTS.

If the PROGRAM is installed on a network server, a separate copy (license) of the PROGRAM has to be Get more informationd for each computer terminal that will be used simultaneously to operate the PROGRAM, even if such use is only temporary.

Under this license, you may not :

Use or copy the PROGRAM except as provided in this license;

Post the PROGRAM electronically;

Modify, merge or distribute the PROGRAM;

Give anyone else permission to modify the PROGRAM;

Resell or incorporate the PROGRAM, or any portion thereof, into any other software or software related product;

Reverse, assemble, compile or otherwise translate the PROGRAM; nor sublicense, rent, lease, distribute or assign the PROGRAM;

Derive, reproduce, modify, use or distribute the source code of files provided by AKTS.

Nothing in the License Agreement permits you to derive the source code of files that AKTS has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files.

This PROGRAM is subject to Swiss Commerce Department export restrictions and is intended for use in the country into which AKTS sold it.


LIMITED WARRANTY

AKTS warrants that for a period of ninety (90) days from the date of Get more information the PROGRAM will be free from defects in materials and workmanship and that the PROGRAM is properly compiled and encrypted.

This Limited Warranty is void if failure of the PROGRAM has resulted from accident, abuse, or misapplication. AKTS option will be either (a) return of the price paid or (b) repair, or replacement of the PROGRAM; provided AKTS receives written notice from you during the warranty period of a breach of warranty. AKTS will provide you with error corrections, bug fixes, patches, or other updates to the PROGRAM in executable form only to the extent available in accordance with the AKTS release schedule for a period of one (1) year from the date of shipment. All such error corrections, bug fixes, patches, updates or other modifications shall be the sole property of AKTS.

The PROGRAM is provided "AS IS" without any other warranties (conditions) of any kind.

AKTS DISCLAIMS ALL WARRANTIES (CONDITIONS) FOR THE PROGRAM, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


LIMITATION OF LIABILITY

The PROGRAM was tested extensively but has not been validated for all possible migration processes. It is a predictive tool that makes use of a simple model. It should not be considered as a mathematical method describing the reality! Results obtained with this application should be critically reviewed in the light of the theory (and practice) of migration. The Swiss Federal Office of Public Health (BAG) and Advanced Kinetic and Technology Solutions (AKTS AG) decline all responsibility for the use that could be made of the results. The EU-list is not an official document of the legislation and it should not be used for legal purposes.

In no event will AKTS, or anyone involved in the creation of this PROGRAM, be liable for any lost profits, lost savings, incidental or indirect damages or other economic consequential damages, even if AKTS or its Authorized Supplier has been advised of the possibility of such damages. In addition, AKTS will not be liable for any damages claimed by you based on any third-party claim. The PROGRAM is sold "as is", and the Get more informationr assumes the entire risk of its performance and suitability to the Get more informationr's purpose. The accuracy of the PROGRAM's predictions is strongly and directly dependent on the accuracy of the diffusion coefficients used for the calculations.

Predictions should always be verified by subsequent experiments measured for example under isothermal conditions. Licensee of the PROGRAM must have knowledge of physical chemistry, reaction kinetics and engineering. Licensee of the PROGRAM must recognize that simulation is never reality. In the best case it can be a modest approach to reality. Therefore, the PROGRAM should not be used as the exclusive determinant of any hypothesis. Where risk to life is involved, results obtained with the PROGRAM should be examined carefully before any conclusions or new experiments are made. The PROGRAM should only be used as support, or for screening, of new experiments that can be later used as the exclusive determinant of other experiments or hypotheses. NOT the PROGRAM but ONLY these separate new experiments should exclusively be designed, manufactured or intended for use as an exclusive determinant of on-line control equipment in hazardous environments requiring fail-safe performance, safety and security testing, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, weapons systems, or other domains in which the failure of the PROGRAM and misinterpretation of the results could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). AKTS and its suppliers specifically disclaim any express or implied warranty of fitness of High Risk Activities. AKTS or anyone involved in the creation of this PROGRAM, takes no responsibility for any inconvenience, loss of time, property, or product damage, personal damage, or any other incidental or consequential damages from the use of the PROGRAM.


LICENSE FEES

In consideration of the license rights, you are responsible for paying the license fees. The amount is payable without any deduction for taxes, assessments, fees, or charges of any kind.

You are responsible for paying all (i) taxes, sales, use, excise, value-added or any other governmental charges imposed on the licensing or use of the PROGRAM, Derivative Products or Documentation, (ii) freight, insurance and installation charges, and (iii) import or export duties or like charges, resulting from this license.

You may terminate your license at any time. AKTS may terminate your license if you fail to comply with the terms and conditions of this license. In either event, you must destroy all your copies of the PROGRAM.

This license is governed by the laws of Switzerland. Venue is Sion (VS), Switzerland. This license gives you specific legal rights; you may have others which vary from state to state and from country to country. AKTS reserves all rights not specifically granted by this license.

This License Agreement may only be modified by a written license addendum signed by both you and AKTS. Should you have any questions concerning this License Agreement, or if you wish to contact AKTS for any reason, please email :

CustomerService@akts.com

If you agree with the terms of this license, you may use the PROGRAM.

All information you provide allows us to understand better how AKTS technology is being applied, and lets us notify you of updated versions when they are available. Your name, e-mail address and other information will be kept as part of our AKTS license record file. No personal information about you will be given to any organization outside of AKTS.

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