4. LICENSE AGREEMENT FOR END USER OF HSC CHEMISTRY®

Licensee: Company: ___________________________________________________
Address: ___________________________________________________
Country: __________________

Licensor: Outokumpu Research Oy
Information Service
P.O. Box 60, FIN-28101 PORI, FINLAND
Fax: +358 - 2 - 626 - 5310

Site License Ser.No.:__________________for ______ computers or terminals.


___________________________ _______________
Satu Mansikka Date
Information Service

By opening the sealed software packages the Licensee agrees to be bound by the terms of this Agreement. By returning the software packages unopened together with accompanying items to Outokumpu Research Oy, the Licensee refuses to accept the terms of this Agreement and will receive a full refund of the purchase price paid by the Licensor for the HSC Chemistry excluding shipping.
4.1 The License

The Licensor grants the Licensee a non-exclusive license to use a copy of the HSC Chemistry 5.0 (hereinafter referred to as “HSC Chemistry") on the number of computers granted by this license. In a network the number of terminals which have access to HSC Chemistry, simultaneously or at different times, must be limited to the same. A non-exclusive license is also granted with the enclosed printed documentation.

The Licensee shall use the HSC Chemistry for internal business or research purposes only. The Licensee shall not permit any third party to use the licensed materials. However, the Licensee may distribute calculation results and applications created using licensed materials to third parties.

4.2 Use of HSC Chemistry Modules and Databases Separately
The Licensee can use separate parts of the HSC Chemistry (calculation module, database, etc.) alone in different computers or terminals. However, the Licensee must have the HSC Chemistry license for each of such computers or terminals which have any programs or databases taken from the HSC Chemistry.

4.3 Copyright
The copyright and other intellectual property rights of whatever nature in the HSC Chemistry and this documentation are and shall remain the property of the Licensor.
For your convenience, HSC Chemistry is not copy-protected. However, all parts of this software are licensed only to you, the registered licensee, and can be used for your own internal use. MS-Windows & MS-Excel are registered trademarks of Microsoft Corporation, Lotus 123 is a registered trademark of Lotus Development Corporation, IBM PC & XT & AT & PS/2 are registered trademarks of International Business Machines Corporation.
Copyright 1974, 1981, 1987, 1988, 1989, 1992, 1993, 1994, 1997, 1999, 2002
Outokumpu Research Oy

4.4 Copying
The Licensee is only allowed to make one backup copy of the original HSC Chemistry CD for archival and security purposes. All other copying of the licensed material, partly or in its entirety, is forbidden unless prior written consent is given by the Licensor.

4.5 Transfer of the License
The Licensee may transfer this License to a third party only if written approval of the terms of this License, signed by duly authorized representatives of the third party, is delivered in advance to the Licensor. Through transfer of the License all rights based on this Agreement of the Licensee cease.

4.6 Warranty
The Licensor warrants to the Licensee that the HSC CD will be free from defects in material under normal use. The Licensor will replace defective CD if requested by the Licensee within a period of thirty (30) days from the delivery. This warranty is in lieu of all other warranties, express or implied, which might otherwise arise with respect to the HSC Chemistry. This warranty applies to the CD only and does not cover the software programs or database which are included with the HSC Chemistry. All such software programs, database and application examples are provided “as is" and without warranty of any kind.
The HSC Chemistry results have been compared with manual calculations and with other calculation programs, all giving similar results. However, the Licensor does not guarantee the performance of the program or results that may be obtained by using the HSC Chemistry. Despite careful preparation, the program, HSC database and original data may contain errors and “bugs". Sometimes HSC data extrapolation to higher temperatures can also lead to significant errors. The Licensee shall inform the Licensor of any bugs and errors discover.

4.7 Liability
Notwithstanding anything else contained in this Agreement, the Licensor shall not be liable to the Licensee for loss of profits or contracts or other indirect or consequential loss or damage arising from whatever reason. Under no circumstances shall the Licensor be liable for any damages in excess of the purchase price. The Licensor does not take responsibility for incorrect usage of the HSC Chemistry.

4.8 Registration
Registration will ensure that the Licensee gets information on any updates immediately they become available. Registration can be made by sending the enclosed Registration Card to the Licensor.

4.9 Technical Support
The price of HSC Chemistry does not include technical or chemical support or consulting due to limited support resources and low price of the software. Support may be given for certain technical problems with the software (for example, installation). However, the Licensor is very grateful for all the comments, feedback, bug reports (email, faxes, etc) because these will help the future development work of the software.

4.10 Applicable Law and Arbitration
This Agreement shall be governed by and construed in accordance with Finnish Law. Disputes arising from this Agreement are to be settled by arbitration by a sole arbitrator. The arbitrator shall be appointed by the Board of Arbitration of the Central Chamber of Commerce of Finland and the rules of the said board are to be observed in the arbitration procedure.

4.11 Millennium (Y2K) Compliance
HSC Chemistry is a typical 32-bit Windows program which works under Windows 95, 98, Me, NT and 2000. HSC Chemistry software carries out different kinds of thermochemical calculations utilizing an integrated thermochemical database. HSC does not use any dates or time units in these calculations or database operations.
HSC Chemistry and all calculation modules have been tested by setting the personal computer date to the year 2000 as well as to the years after 2000, and no problems were detected in these tests. We have used some third party tools (Microsoft, etc.) for developing HSC Chemistry 5.0. However, these tools do not use dates in HSC Chemistry 5.0.
This Millennium Compliance note does not in any way change the other terms of this HSC Licence Agreement. The user must accept all the terms of the HSC Licence Agreement before using HSC Chemistry.