Eligibility

In order to use PSDS, you will be required to complete a registration and will receive an account in ChemAxon’s forum (“Forum”) when the registration is completed. You have to fill out all necessary fields of and submit to ChemAxon the form of registration request. The PSDS is only open to persons who have corresponding institutional email address. No public email address (e.g., gmail.com) is accepted. ChemAxon may, at its sole discretion, decide as to whether any eligibility requirement has or has not been met.

Registration

BY SUBMITTING TO CHEMAXON YOUR REGISTRATION REQUEST FOR USING PSDS, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE (THE “TERMS OF USE”) AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE PSDS.

Your Responsibilities

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is prohibited.

PSDS and Forum are public services and do not support private data. The structures are provided by users understanding that PSDS and Forum are public services. For avoidance of doubt, ChemAxon is not the owner of such structures.

More generally, before you submit any information to PSDS or Forum, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information or past any URL, type any chemical name or other text including any chemical name, drawing or uploading any chemical structure or data or uploading documents of any kind containing any chemical structure, please consider that PSDS and Forum are open to the public. You take full responsibility for any information you provide to these web sites. Except as expressly set forth on PSDS otherwise, if you submit any information to PSDS or Forum, you are giving that information, and all your rights in it, to ChemAxon free of charge and such information shall be deemed to be non-confidential and ChemAxon shall have no obligation of any kind with respect to such information and shall be free to store, reproduce, use, disclose and distribute the information to others without limitation, without your consent or any compensation to you or anyone else. ChemAxon shall be free to use any know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information. This is true whether you submit such information to us by e-mail, through a form on PSDS, on a bulletin board, via Forum, or in any other manner. ChemAxon may from time to time monitor, review and, in its sole discretion, modify or delete any postings you make on PSDS or Forum however, ChemAxon is not obligated to do so.

You agree not to submit or transmit to PSDS or Forum any written material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to PSDS or Forum. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through PSDS or Forum any written material which disrupts the normal operation of PSDS or Forum, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using PSDS. Through your usage of PSDS or Forum, you may submit and/or ChemAxon may gather certain limited information about you and your website usage. We are free to use such information for any purpose we deem appropriate, including marketing purposes. For more information, please check our Privacy Policy for PSDS.

When using PSDS, information will be transmitted over a medium that is beyond the control and jurisdiction of ChemAxon and its suppliers. Accordingly, ChemAxon assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of PSDS.

ChemAxon’s headquarters is located in Budapest, in Hungary. ChemAxon makes no representation that the materials on PSDS are appropriate or available for use in other locations. Access to the content may not be legal by certain persons or in certain countries outside of Hungary. If you access PSDS from outside Hungary, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

No Warranty / Limited Liability

You may use PSDS only for the Purpose defined hereinabove. The content on PSDS is not intended in any way to be professional chemical advice and should not be interpreted as recommendations. ChemAxon do not assume liability for any damages whatsoever arising in connection to PSDS.

PSDS AND THE CONTENT ARE PROVIDED "AS IS". CHEMAXON, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, CHEMAXON, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS, VALIDITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF PSDS OR CHEMAXON, OR ON ANY SITE OR SITES "LINKED" TO PSDS. CHEMAXON MAKES NO WARRANTY THAT PSDS WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHEMAXON, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON PSDS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO PSDS OR ANY WEBSITE OPERATED BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHEMAXON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF PSDS.

Any claims arising in connection with your use of PSDS or any content must be brought within one (1) year of the date of the event giving rise to such action occurred.

External web pages

As a resource to our visitors, PSDS may provide links to other websites. However, because we do not control the content of the other websites we may link to, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of third-party sites. ChemAxon does not endorse the content on any third-party websites. ChemAxon is not responsible for the content of linked third-party sites, sites framed within PSDS, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Content / Data Generated

The structure based calculations and other technology used at PSDS are based on functionality developed by ChemAxon, wherever possible, calculations will use the latest release version of the ChemAxon functionality. Everything that you read or see on PSDS is copyrighted or otherwise protected and owned by ChemAxon or a third party who licensed or granted to ChemAxon the right to use such material. Unless otherwise expressly noted, nothing that you read or see on PSDS may be copied or used except as provided in these Terms of Use or with the prior written approval of ChemAxon.

ChemAxon does not grant you permission to print individual pages from PSDS except provided herein. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not:

• use the materials for any commercial purpose, or for any public display (commercial or

  non-commercial); if this is your intention you need to contact ChemAxon at

  [email protected] and purchase Plexus Suite license(s);

• remove any copyright, trademark or other proprietary notations from the materials; or

• transfer the materials to another person or "mirror" the materials on any other server.

ChemAxon makes no warranties or representations to you that your use of any materials displayed on PSDS will not infringe the rights of third parties. ChemAxon is not in a position to assess the validity of any proprietary rights or has no right to transfer the same to you or a third party. Therefore, ChemAxon cannot provide comment or permission (except as provided herein) concerning any input you make to PSDS and the use, copying, or distribution of any information and data generated on PSDS.

Trademarks and logos

Unless otherwise indicated, all logos, names, designs, and marks on PSDS are trademarks or service marks owned or used under license by ChemAxon. The use or misuse of any of these marks or other information is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of ChemAxon or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any ChemAxon copyright.

Indemnification

You hereby agree to indemnify and hold harmless ChemAxon, its affiliates, officers, directors, employees, agents, shareholders, suppliers and any third party providers from and against any and all damages, losses, costs and expenses or liability arising out of or in connection with the performance of PSDS or use, copying, or distribution of any information or data generated on PSDS, whether alone or in combination with any product or service or resulting from any violation of this notice.

Governing Law

These Terms of Use are governed by the internal substantive laws of Hungary, without resort to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with ChemAxon, or in any way relating to your use of PSDS, resides in the courts of Hungary. However, if your institution is a state university in the USA and the constitution or laws of your institution’s state expressly require that the laws of your state apply to contracts to which the institution enters, then the jurisdictional and substantive laws of your state shall govern these Terms of Use without regard to conflicts of law provisions. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use.

Termination

You may terminate the agreement incorporated in these Terms of Use at any time by destroying all materials received from PSDS, ceasing to use PSDS and ceasing your visiting Forum.

Privacy policy

These Terms of Use constitute the entire agreement between you and ChemAxon with respect to the use of PSDS and its content. Your use of PSDS is also subject to ChemAxon’s Privacy Policy for PSDS. ChemAxon’s use of the information you provide in connection with your account registration will be treated by ChemAxon in conformity with ChemAxon’s aforementioned privacy policy.

Updates

ChemAxon may modify these Terms of Use at any time without notice to you, so it is advisable to review it frequently. The latest version of these Terms of Use will be posted on the PSDS and the product page of Plexus Suite, all amended terms shall automatically be effective seven (7) days after such post.

Last Updated: November 5, 2015

For legal issues, ChemAxon may be contacted at [email protected].