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Version 3.0 - May 25, 2018
Agreement Between User and iChemLabsiChemLabs Services are comprised of various products, services, and web sites operated by iChemLabs, LLC. iChemLabs Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of iChemLabs Services constitutes your agreement to all such terms, conditions, and notices.
Links to Third Party SitesAn iChemLabs Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of iChemLabs and iChemLabs is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. iChemLabs is not responsible for webcasting or any other form of transmission received from any Linked Site. iChemLabs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iChemLabs of the site or any association with its operators.
No Unlawful or Prohibited UseAs a condition of your use of iChemLabs Services, you warrant to iChemLabs that you will not use iChemLabs Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use iChemLabs Services in any manner which could damage, disable, overburden, or impair iChemLabs Services or servers or interfere with any other party's use and enjoyment of iChemLabs Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through normal use of iChemLabs Services. Any form of piracy or unauthorized distribution of any iChemLabs property is strictly prohibited, and legal actions will be taken. IP addresses are logged by our server, and any unlawful actions originating from a certain IP address will result in said IP address being reported to the proper authorities.
Use of Communication ServicesiChemLabs Services may include bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Materials Provided to iChemLabs or Posted at any iChemLabs Web SiteiChemLabs does not claim ownership of the materials you provide to iChemLabs, including feedback and suggestions, posts, upload files, input or submission to any iChemLabs Web Site or its associated Services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting iChemLabs, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. iChemLabs is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in iChemLabs sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Termination/Access RestrictioniChemLabs reserves the right, in its sole discretion, to terminate your access to iChemLabs Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Virginia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Piscataway, Virginia, U.S.A. in all disputes arising out of or relating to the use of the iChemLabs Services. Use of iChemLabs Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and iChemLabs as a result of this agreement or use of iChemLabs Services. iChemLabs's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of iChemLabs's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the iChemLabs Services or information provided to or gathered by iChemLabs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and iChemLabs with respect to iChemLabs Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and iChemLabs with respect to iChemLabs Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark NoticesAll contents of iChemLabs Services, including but not limited to documents, source code, images, symbols, and trademarks are the property of iChemLabs, LLC. and/or its suppliers. All rights reserved. The names of companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Version 3.0 - May 25, 2018
In addition to our goal of handling personal data in a transparent manor, we also comply with EU Data Protection Laws, and offer users of our products, services, and web sites, choice and consent with regard to personal data.
When do we collect personal data
iChemLabs only collects personal data on someone when they become a customer by purchasing our software, signing up for a license for one of our services, or requesting a quote for pricing of products or services. We never collect personal data when people simply peruse our website or trial our software.
We do log IP addresses of visitors to our website in our web logs in order to fight abuse. For instance, if we detect a specific IP address is attempting to "break into" our website, we will ban that IP address forever. However, we cannot associate this IP address with any real person.
What do we collect when someone becomes a customer
We collect your name, address, phone number, purchase date, time, and type and any other data as required to service your account.
How long do we save the personal data
We retain this data as long as necessary to service your account. This may be forever as we need to be able to provide an invoice if requested, provide services such as recovery of your activation code (what other companies call license keys or registration keys), and to reward you with appropriate discounts on upgrades.
We do not advertise on this or any iChemLabs owned websites. We do not accept ads, display ads, or sell ads. We also do not sell any of your information to any third party who might use it for advertising purposes.
How to access your data
We will make good-faith efforts to provide you with access to your data for review or correction. To request a dump of the data that we have collected to service your purchase, contact us at the following address by certified mail:
7305 Hancock Village Dr #525
Chesterfield, VA 23832
The certified letter must be addressed from the address you supplied when purchasing a product or service as email addresses can be compromised and/or spoofed.
Collection of Data
You are not required to provide any information on our website if you do not want to. Please be aware that if you purchase a product, fill out our contact form, request support, or send us email the e-mail address you provide and other information you provide may render you personally identifiable, and may possibly be displayed on this web site intentionally (for example if you provide a testimonial) or unintentionally (such as, but not limited to, subsequent to a successful act of intrusion by a third party). As on many web sites, iChemLabs may also automatically receive general information that is contained in server log files, such as your IP address, and cookie information.
All product purchases are handled by third party resellers which do not share any financial information with iChemLabs.
Other types of information from our products may also be saved on our servers, including, but not limited to, saves and assignments. This is done to better the ease and transfer of data between a user and his/her various computers, and others he/she wishes to share with.
Some of our products require activation after purchase. iChemLabs does not collect any information during activation other than that necessary to generate unique license keys and to provide better support.
Use of Data
Information voluntarily provided by a user of iChemLabs website, products, or services including name and institution in product testimonials may be used by iChemLabs for marketing purposes.
Changes may be made to this policy from time to time. You will be notified of substantial changes to this policy through the posting of a prominent announcement on the site.
If you have any questions about this policy or this web site, please click here to contact us.
iChemLabs Software License Agreement
SOFTWARE LICENSE AGREEMENT
BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. YOUR USE OF THIS SOFTWARE CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE TERMS HEREIN.
GRANT OF LICENSE FOR REGISTERED USERS.iChemLabs, LLC (iChemLabs) hereby grants you (the "Licensee"), for the term of the license you have purchased, a non-exclusive, non-transferable, limited license to use the Software with which this license is distributed (the "Software"), including any documentation files accompanying the Software ("Documentation") solely on a single personal computer or the number of computers allowed by the license purchased, provided that (i) the Software may not be modified; (ii) watermarks are left unaltered in generated files and pasted drawings; (iii) all copyright notices are maintained on the Software; (iv) no attempts are made to abuse or circumvent product activation of the Software; (v) you are in good standing with iChemLabs with respect to all financial obligations related to this license; and (vi) you agree to be bound by the terms of this License Agreement. The Software is licensed to the Licensee and not sold to the Licensee. The Software and Documentation shall be used only by the Licensee on the number of computers allowed by the license purchased, and only during the time permitted by the license purchased. If the mobile version of the Software is being used, the Licensee agrees to (i) abide by all authentication procedures, (ii) run the Software only on mobile devices registered to the Licensee, (iii) protect the confidentiality of your login information, (iv) immediately notify iChemLabs of any unauthorized use of your account or any other breach of security. If a multiple user license for the Software is sold to a person or entity, then each user installing the Software on behalf of the Licensee is bound by the terms of this license. The Software may not be used in the operation of a web service or other online service or for the benefit of any other person or entity other than the Licensee. License transfer and sale is prohibited. Any use of the Software, other than as expressly set forth herein, by you or any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.
OWNERSHIP.You have no ownership rights in the Software. Rather, you have a license to use the Software pursuant to the terms of this License Agreement as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with iChemLabs. iChemLabs shall own all right title and interest (including any copyrights, patents, trade secrets and other intellectual property rights) in and to all materials licensed by iChemLabs under this Agreement. You acknowledge that as between you and iChemLabs, iChemLabs owns its proprietary trademark(s), and all related trade names, logos and icons.
COPYRIGHT AND TRADEMARK.The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are reserved to iChemLabs. You may not remove any proprietary notice of iChemLabs from any copy of the Software or Documentation. You are not authorized to use, reproduce, publish, or distribute any trademarks, trade names, logos or icons of iChemLabs.
RESTRICTIONS.This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You must protect the Software and Documentation consistent with iChemLabs' rights therein, including informing persons who are permitted access thereto in order to satisfy your obligations hereunder and maintain the confidentiality of the Software and Documentation. You may not sell, publish, display, disclose, rent, lease, modify, loan, distribute, alter or create derivative works based on the Software itself or any part thereof. You may not use the Software to create image copies of glassware, bioart, or other clipart graphics for the sole purpose of publishing, selling, or distributing them individually or as a set. You may not reverse engineer, decompile, translate, adapt, abuse or circumvent product activation, remove watermarks from drawings, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software.
ADDITIONAL PRE-RELEASE SOFTWARE RESTRICTIONS.If the Software is pre-commercial release or beta software ("Pre-release Software"), then this section applies. In addition to all the RESTICTIONS outlined above, if this license was presented in association with a pre-release version of the Software, these additional restrictions apply.
- The Pre-release Software is licensed to you solely for evaluation purposes.
- This is Pre-release Software, and as such, WILL CONTAIN BUGS AND MAY CAUSE DATA LOSS.
- You agree to follow best practices when utilizing our Pre-release Software which includes backing up all software and data on your computer prior to installing and using the Pre-release Software.
- You agree to inform iChemLabs promptly of any bugs or issues arising in your use of the Pre-release Software.
- You will promptly return or destroy all copies of Pre-release Software upon the earlier of iChemLabs' request or upon iChemLabs' commercial release of such Software.
- You agree to be bound by all the other terms and restrictions in this license as it pertains to iChemLabs and/or the Software.
DISCLAIMER OF WARRANTY.THE SOFTWARE AND DOCUMENTATION ARE PROVIDED 'AS IS'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICHEMLABS DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SOFTWARE AND DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, QUALITY AND NON-INFRINGEMENT. ICHEMLABS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT DATA GENERATED FROM ANY FUNCTIONS OR ALGORITHMS IS ACCURATE OR CORRECT, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM, OR THAT ANY SERVICE INCLUDING BUT NOT LIMITED TO CLOUD OR STORAGE SERVICES WILL BE AVAILABLE OR OPERATIONAL. ICHEMLABS IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. ICHEMLABS RESERVES THE RIGHT TO MAKE ANY SERVICE (INCLUDING ANY CLOUD OR STORAGE SERVICE) UNAVAILABLE FOR AN INDEFINITE AMOUNT OF TIME FOR MAINTENANCE, OR TO CANCEL A SERVICE, OR TO CHARGE FOR A SERVICE, OR CHANGE A SERVICE WITH OR WITHOUT NOTIFICATION OR ANNOUNCEMENT, FOR ANY REASON, WITHOUT ANY LIABILITY TO YOU, ANY OTHER USER, OR ANY THIRD PARTY.
LIMITATION OF LIABILITY.YOU AGREE THAT IN NO EVENT WILL ICHEMLABS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES RELATING TO THE SOFTWARE OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO RECORDS OR DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ICHEMLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THIS FULL LIMITATION IS NOT ENFORCED, ICHEMLABS' LIABILITY TO YOU WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE ARISING OUT OF OR WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION GIVING RISE TO THE LIABILITY.
EXPORT RESTRICTIONS.THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION. PURCHASERS OF THE SOFTWARE ARE STRICTLY PROHIBITED FROM EXPORTING OR TRANSFERRING THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION, OR ANY RIGHTS GRANTED UNDER THE TERMS HEREOF, TO ANY INDIVIDUAL OR ENTITY EITHER (I) RESIDING IN ANY COUNTRY PROHIBITED BY THE UNITED STATES EXPORT ADMINISTRATION ACT OF 1979, OR REGULATIONS PROMULGATED THEREUNDER, OR (II) USING THE SOFTWARE FOR ANY PURPOSE PROHIBITED BY SAID ACT OR REGULATIONS, AND ANY SUCH ATTEMPTED TRANSFER OR EXPORT SHALL BE NULL AND VOID.
CONFIDENTIALITY AND NON-DISCLOSURE.You acknowledge that the Software and Documentation constitute confidential and proprietary information of iChemLabs (the 'Confidential Information'), and agree to only use the Confidential Information as authorized under this Agreement in connection with your use of the Software, hold the Confidential Information in strict confidence and not disclose it to anyone outside your organization, and safeguard same with at least as great a degree of care as you would use with your own most confidential materials and data relating to your business, but in no event less than a reasonable degree of care. In the event that you are required to disclose the Confidential Information pursuant to applicable law or court process, you may only do so after notifying iChemLabs in advance and granting iChemLabs the opportunity to contest such disclosure.
TERMINATION.This License Agreement is effective until it expires or is terminated. This License Agreement expires at the end of the license term that you purchased. This License Agreement shall terminate immediately if you violate any of the terms of this License Agreement. You may terminate this License Agreement at any time by destroying all copies of the Software and Documentation in your possession or under your control. Upon termination, you agree to stop using the Software, destroy all copies of the Software and Documentation, and to certify to iChemLabs in writing that all known copies, including backup copies, have been destroyed.
CHANGES.iChemLabs reserves the right to change this license at any time. If so, a new copy of the license will be distributed with the Software when downloaded or updated within the program using the auto-update feature. By downloading the Software or requesting the update, the Licensee is signifying acceptance of the new software license.
Law.This License Agreement shall be construed, interpreted and governed by the laws of the State of Virginia without regard to its conflict of law provisions. Any disputes between the parties arising out of or relating to the Software, Documentation or to iChemLabs may only be brought in the State of Virginia. The parties hereby consent to the exclusive jurisdiction of the courts of Virginia, and waive any right to object to said jurisdiction based upon convenience or other bases.
Entire Agreement.This License Agreement shall constitute the entire Agreement between the parties relating to the subject matter hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto.
No Waiver.No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof.
Severability.If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties to the extent possible, and the enforceability of the remaining provisions shall be unimpaired.
Limitations.No action, regardless of form, arising out of this Agreement may be brought by you more than two (2) years after such cause of action shall have accrued.
Assignment.You may not assign, sublicense, transfer, pledge, lease, rent or share your rights under this License Agreement. iChemLabs may assign or delegate this Agreement or any right or obligation hereunder, by operation of law or otherwise, to any entity.
Survival.The respective rights and obligations of the parties with respect to Sections [OWNERSHIP], [COPYRIGHT AND TRADEMARK], [RESTRICTIONS], [DISCLAIMER OF WARRANTY], [LIMITATION OF LIABILITY], [CONFIDENTIALITY AND NON-DISCLOSURE], and [GENERAL] shall survive any termination or expiration of this Agreement.
Purchases of licenses (subscriptions, lifetime licenses) from iChemLabs are eligible for refund. Purchases of any support packages or services are not eligible for refund.
Software developed by iChemLabs is available on a try-before-you-buy basis. There are free trial versions you can download to ensure that you can fully experience it prior to making your purchase. When available, documentation for software is also available online. We encourage you to review the documentation and try the software prior to making your purchase to ensure that it meets your requirements.
If you have purchased a license from iChemLabs or our reseller, BMT Micro, and wish to change your mind before activating it, please contact customer support from the original email account used to make the purchase within 30 days of your purchase to be considered for a refund. Refunds requested more than 30 days after your initial purchase date, or for orders where the license code has already been used will not be issued. iChemLabs software purchased through a third party must be returned to the third party and is subject to the return policies of that particular reseller.
Active subscriptions that are cancelled will not be refunded in whole or in part. Cancelling a subscription means it will not be renewed. You will be able to continue to use any licensed sofware until the end of the subscription term.
If you are issued a refund, it will be provided back to the original payment method within 7 to 10 business days. Upon receiving a refund you shall cease all use and destroy all copies of the Software for which you no longer possess a valid, purchased license. iChemLabs reserves the right to disable any product license codes issued to you for the refunded products.
iChemLabs will decline refund claims in the following cases:
- Original order is older than 30 days.
- The license has already been activated.
- Refund is requested from a different email address than the one registered to the license.
- Software purchased for the wrong platform.
- Inability to operate the software in your computing environment.
- Inability to use the software due to operator error.
iChemLabs™, ChemDoodle®, ChemStack®, ChemTuple™, BioTuple®, ChemStack®, MolGrabber™ are trademarks or registered trademarks of iChemLabs, LLC in the United States and other countries. All rights reserved.
All contents of iChemLabs products and services, including but not limited to documents, source code, images, symbols, and trademarks are the property of iChemLabs, LLC. Any rights not expressly granted are reserved.