MDL Information Systems, Inc. END USER LICENSE AGREEMENT for MDL Chemscape ChimeTM (PROTOTYPE VERSION) 1. Subject to all of the terms and conditions of this license, MDL Information Systems, Inc. ("MDL") grants to you a non-exclusive, non-transferable, non-sublicensable, limited license to use this prototype version of the MDL Chemscape Chime software (the Software), in binary executable form for evaluation and trial use purposes only. THIS SOFTWARE CONTAINS CODE THAT DISABLES FEATURES AFTER DECEMBER 31, 1996. 2. You may: use the Software on any single computer; use the Software on a second computer so long as the first and second computers are not used simultaneously; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. 3. You may not: permit other individuals to use the Software except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; rent, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels in the Software. 4. MDL reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. 5. Notwithstanding anything to the contrary, all right, title and interest in and to the Software and all intellectual property and all property rights thereof shall remain with MDL and/or its licensors. The Software is protected by the copyright laws of the United States and international copyright treaties. This license gives you no rights in any data, information or other content accessed through the Software. 6. MDL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY. MDL WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO THIS SOFTWARE. 7. NEITHER MDL NOR ITS SUPPLIERS SHALL BE LIABLE IN CONNECTION WITH THE SOFTWARE FOR (a) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF MDL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 8. You may terminate this License at any time by destroying or erasing your copy of the Software. Upon termination of this License, or in any event within thirty (30) days following MDL's release of a commercial version of the Software, you agree to destroy or erase the Software. In the event of termination, the following sections of this License will survive: 5, 6, 7, 8 and 9. This License is personal to you and you agree not to assign your rights herein. This License shall be governed by and construed in accordance with the laws of the State of California and the United States of America without regard to conflicts of laws provisions thereof, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between you and MDL regarding the Software. 9. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list. MDL is a registered trademark and Chemscape Chime is a trademark of MDL Information Systems, Inc. © Copyright 1996 MDL Information Systems, Inc. All rights reserved.