This agreement is made by and between Robert C. Edgar, Mill Valley, California ("LICENSOR") and an institution or individual ("LICENSEE") desiring or intending to use LICENSOR's "Lobster" protein sequence analysis software ("SOFTWARE").
LICENSOR's use of the SOFTWARE indicates acceptance of the terms of this agreement.
LICENSOR grants to LICENSEE a non-exclusive, non-transferable right to use the SOFTWARE furnished by LICENSOR subject to the terms and conditions of this agreement.
Sole title and ownership rights in the SOFTWARE shall remain with LICENSOR.
LICENSEE acknowledges LICENSOR'S rights in the SOFTWARE.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.
LICENSEE fully indemnifies LICENSOR so that LICENSOR shall not be liable for special, indirect, incidental, or consequential damages, even if it has been or is hereafter advised of the possibility of such damages, from LICENSEE's use of, or inability to use the SOFTWARE.
This agreement shall be construed in accordance with the laws of the State of California.
This agreement represents the complete and final statements between LICENSOR and LICENSEE with respect to use of the SOFTWARE and supersedes all prior agreements, proposals, representations and other communications between them on this matter. This agreement may be modified only with the written approval of both LICENSEE and LICENSOR.
LICENSEE agrees if any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement will be valid and enforceable to the maximum extent possible. The waiver or failure of LICENSOR to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement.