LEGAL INFORMATION

Wolfram webMathematicaProfessional License Agreement

Acceptance

This is a binding Agreement: read all terms; retain a copy.

Carefully read the following terms and conditions before accessing, installing, or using the Software. By clicking "I agree", opening the media container, downloading the Product, or installing/using the Product, You are consenting to be bound by this webMathematica Professional License Agreement ("Agreement"). If You are not willing to accept the terms and conditions of this Agreement, You may not access, copy, install, or use the Product—immediately return the entire Product to the source from which it was obtained, and uninstall/remove/destroy any additional copies of the Product.

Definitions

WRI : Wolfram Research, Inc., 100 Trade Center Drive, Champaign, IL 61820-7237, USA.

You/Licensee : The individual or organization obtaining the Product. If You/Licensee agree to these terms on behalf of an organization, You represent to WRI that You are authorized to accept these terms on the organization's behalf.

Software : The computer programs provided by WRI under this Agreement, known as webMathematica.

Product : All the materials, including the Software, provided by WRI under this Agreement (whether by download or physical storage media), and data accessed on WRI's servers.

Mathematica ® : The computer programs by the same name produced by WRI.

Mathematica License Agreement : The terms that, along with this Agreement, govern Licensee's use of the Software.

Public Internet Site : Refers to a publicly accessible website hosted or created by Licensee.

Private Internet Site : Refers to a publicly accessible website hosted or created by Licensee that places restrictions or additional requirements, other than free registration, on access. This includes sites that charge subscription fees, as well as sites that only allow access to select groups, such as Licensee's employees, affiliates, or customers.

Intranet Site : Refers to a website located on a secure computer network owned or leased by Licensee, which may only be accessed by Licensee's employees, affiliates, or contractors. This includes any site that has controlled access via a password (or other equivalent verification method) that is not publicly accessible.

Site : When appearing alone, refers to all Intranet Sites, Public Internet Sites, and Private Internet Sites hosted or created by Licensee.

Users : Refers to those persons who access Licensee's Sites.

Interface : Refers to the means by which Users of Licensee's Site convey information or send requests to the Software, including but not limited to web browsers, Java programs, or other software.

General Use and Restrictions

Subject to Licensee's acceptance of, and compliance with, the terms of this Agreement, the Mathematica License Agreement, and any relevant Site License, WRI grants Licensee a non-exclusive license to use the Software to integrate the power of Mathematica into one or more specific-use Sites by linking Licensee's Interface to the Software.

The term of this license is set forth in the relevant Site License or License Certificate, and the expiration date is listed on the applicable License Certificate.

This license terminates in the event that Licensee receives a license to use an upgraded version of the Software in place of this license, which upgrade, as well as any other improvement, enhancement, or the like, WRI is under no obligation to provide.

A Site that delivers Mathematica itself to Users is prohibited by this Agreement. This Agreement allows Licensee to present to Users of Licensee's Sites the power of specific or derivative capabilities of Mathematica through an Interface specialized for the use of those capabilities, so long as the content is not that of the Mathematica user experience itself.

Specific Use Restrictions and Site Requirements

Licensee may not create a Site in which the User can type in arbitrary, open-ended calculation requests, in Mathematica syntax or in any other syntax or means of specification, and have those requests carried out by the Software. In addition, Licensee may not aggregate multiple Sites with incremental functionality in order to re-create the Mathematica user experience or any significant portion thereof. In other words, Licensee may not offer Licensee's Users through multiple Sites a level of functionality that would violate this Agreement if offered through a single Site. In no event may Licensee allow Users to bypass such restrictions or otherwise access the Software directly.

Licensee may not replicate, in whole or in part, the "look and feel" of Mathematica with Licensee's Interface. Licensee's Interface may not be composed of a combination of visual, design, or functional elements that could reasonably be expected to cause confusion between Mathematica and Licensee's Interface among Users of Licensee's Site. The criteria for assessing compliance with this restriction will be set and applied at WRI's sole discretion. WRI agrees to exercise that discretion reasonably.

Within sixty (60) days of executing this Agreement, Licensee agrees to provide WRI with the name(s) of the manager, systems administrator, and/or webmaster responsible for monitoring or maintaining any Site that utilizes the license granted by this Agreement. Licensee will provide telephone numbers and email addresses for each such person. It is Licensee's responsibility to ensure that this information is updated; the supplying of this information and its accuracy are conditions for maintaining the ongoing validity of this Agreement.

Inspection of Public Internet Sites, Private Internet Sites, and Intranet Sites

When a Site becomes available to Users, Licensee agrees to notify WRI of the URL or IP address of that Site as soon as possible after the Site "goes live".

WRI reserves the right to determine at any time during the term of this Agreement, based on inspection of Licensee's Public Sites, Private Sites, and/or Intranet Sites, whether a particular Site is in compliance with the terms of this Agreement. If WRI determines that a Site is not in compliance, whether through flaws in intent, design, or implementation, remedies will be suggested to bring that Site into compliance with this Agreement. In the event that a nonconforming Site remains nonconforming after WRI has allowed a reasonable amount of time to permit Licensee to implement appropriate remedies, WRI reserves the right to terminate this Agreement with ten (10) days' notice to Licensee.

Licensee agrees that ongoing operation of an unlicensed or nonconforming Site would cause WRI irreparable harm. Licensee agrees to, at WRI's request, render inaccessible any Site covered by this Agreement whose compliance is subject to dispute or legal action, for the duration of the dispute. In consideration thereof, if such a Site is ultimately found to be conforming or is made to conform, WRI will extend the duration of any time-limited license or service contract by the amount of time that Licensee's affected Site was rendered inaccessible to Users, regardless of the status of the Agreement.

Licensee agrees to work with WRI to allow access to Licensee's secure system or network to the extent necessary to accomplish the limited purpose of assessing the compliance of Private Internet Sites and/or Intranet Sites covered by the Agreement. Licensee and WRI agree to make suitable arrangements to meet this requirement in a way that will avoid possible inconvenience to Users, and to minimize exposure of any confidential information. At Licensee's discretion, WRI will consider entering into reasonable nondisclosure agreements with Licensee prior to accessing Licensee's secure system or network. In no event, however, will Licensee refuse WRI access to Licensee's secure system or network for the purpose of assessing compliance for more than seven (7) days after WRI's request. Failure to comply with this requirement may, at WRI's discretion and in addition to any other remedies available to WRI, result in termination of this Agreement.

In the event that inspection of Licensee's Private Internet Sites and/or Intranet Sites by WRI is impossible due to operation of law or overriding security considerations, Licensee agrees to provide a detailed outline of such Sites that provides sufficient technical information and descriptive data to allow assessment of their compliance status by WRI. Licensee also agrees to provide WRI with an explanation of, and evidence to support, Licensee's assertion that inspection is impossible. If WRI thereafter discovers that the Private Internet Sites and/or Intranet Sites are not functionally identical to the outline provided, the Agreement may be terminated immediately.

Online Services and Data

WRI reserves the right to restrict access to, add, update, modify, or remove collections of data based on availability, or otherwise at WRI's discretion. You agree all data access and use, whether by You in developing an application or by Users of Sites or related services You provide via the web or in other ways, will not access or use the data collections in such a manner that could damage, disable, overburden, or impair the servers providing such data. Data provided through WRI's data services constitutes protected intellectual property and may not be copied, distributed, used to construct a database, stored (in whole or in part) in databases for access by You or any third party including Users of services facilitated by You, or provided or distributed through any database services containing all or part of such data. Access to the data services is provided to You at WRI's discretion, and may be terminated or restricted at any time.

Additional functionality in Mathematica allows You to access Wolfram|Alpha® data from within the Software. In addition to the general Online Services and Data terms and restrictions listed above, data and other results obtained through the Wolfram|Alpha functionality are subject to the Wolfram|Alpha Terms of Use. Your use of this functionality indicates Your acceptance of these terms.

Proprietary Rights

This Agreement does not grant Licensee any right, title, or interest in any intellectual property rights embodied in or associated with Mathematica or the Software, nor any right to copy, modify, loan, lease, or sublicense the Software. Under no circumstances may Licensee decompile the object code portion of the Software to a source code version.

Licensee agrees that lending, renting, sublicensing, decompiling, or otherwise allowing unauthorized copying, alteration, or use of the Software, whether or not such unauthorized use is intended or reasonably foreseeable, shall constitute contributory infringement of WRI's proprietary rights, including copyright and trade secret rights.

Limited Warranty and Disclaimer

WRI warrants that the Product shall be free from defects in the physical or download media for a period of ninety (90) days following the date of purchase when used under normal conditions. You acknowledge that WRI shall provide, as Your sole remedy for breach of this warranty, another copy of the physical media. The foregoing warranty is in lieu of all other warranties, express or implied.

WRI does not warrant that the Product is free from all errors and/or omissions, and in fact it may contain them. Except as specifically set forth above, the Product is provided "as is". WRI makes no representations or warranties, express, statutory, or implied, with respect to the Product or the Software or data accessed thereby, including, without limitation, any implied warranties of merchantability, interoperability, or fitness for a particular purpose, all of which are expressly disclaimed. WRI does not warrant that the functions contained in the Product will meet Your requirements or that the operation of the Product will be uninterrupted or error free.

WRI, and its agents, representatives, and independent contractors, shall not be obligated to provide or liable, under any circumstances, for providing information on or corrections to errors and/or omissions discovered at any time in the Product, whether or not they were aware of the errors and/or omissions.

WRI does not recommend the use of the Product for applications in which errors and/or omissions could threaten life, injury, or significant loss. Some states do not allow the exclusion of implied warranties, so this may not apply to You. This warranty gives You specific legal rights, and You may also have other rights that vary from state to state. This Agreement is governed by the laws of the State of Illinois in the United States of America without effect to any choice of law provisions.

Limited Damages

In no event shall WRI or its agents, representatives, and independent contractors be liable for any lost profits, lost use, lost benefits, or any consequential, indirect, incidental, special, or punitive damages, whether in contract, tort, or otherwise, even if they have been advised of the possibility of such damages. WRI's cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, actions, or otherwise arising out of or relating to this Agreement shall not exceed the license fee paid for the Product. Some states do not allow certain limitations of damages, so the above limitations may not apply to You.

General Provisions

Licensee may not assign or transfer any rights or obligations under this Agreement without prior written approval from WRI.

All notices required under this Agreement shall be in writing. Notices must be sent via certified mail to the other party at the address set forth below, or such other address as a party may designate by notice in writing to the other. Notices will be considered received eight (8) days after date of mailing.

United States Federal Government Restricted Rights

If this Software is acquired by or on behalf of the U.S. federal government, this provision applies. Use, duplication, or disclosure of this Software is subject to restrictions set forth in FAR 52.227-19 and DFAR 227.7200 – 227.7202-4, as applicable. The Software is "commercial computer software" and is licensed with only "Restricted Rights".

Wolfram Research, Inc., 100 Trade Center Drive, Champaign, IL 61820-7237, USA

Mathematica is a registered trademark and webMathematica is a trademark of Wolfram Research, Inc. Wolfram|Alpha is a registered trademark of Wolfram Alpha LLC.

Important details regarding Your use of webMathematica Professional in accordance with the terms of the Agreement are listed on Your License Certificate.



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