The University of Vienna (in following the “University”), whose principal address is at Universitätsring 1, 1010 Vienna, Austria, developed the Software “SHARC: Surface Hopping with Arbitrary Couplings. A program suite to study the excited-state dynamics of molecules” (in the following the “Software”).
The Software is not to be used for commercial purposes. Our Software provided on the relevant website is solely to be used for research, teaching and demonstration purposes and is free of any charge. The user of the Software is required to have the appropriate knowledge and know-how to use the Software (in the following the “User”). Any User should seek further guidance and make independent enquiries before relying on the Software.
2. Research, Teaching and Demonstration Purposes, Content and Liability
The Software on the website is based on scientific work and is solely to be used for research, teaching and demonstration purposes. The University, its organs, associated companies, employees and representatives do not warrant, represent or guarantee the functionality of the Software whatsoever.
The use of the Software is at your own risk and your own responsibility. The University, its organs, associated companies, employees and representatives do not assume any liability for the use the Software including its results. The University does not warrant, represent or guarantee any quality or performance of the Software and shall not be responsible for including but not limited to
- any contents of the Software in any kind;
- any intermediate or permanent amendments to the Software of any kind;
- any damages of any kind arising out of or in connection with the use of the Software (including without limitation damages for any consequential loss or loss of business opportunities or projects, or loss of profits) including but not limited to data theft or data loss;
- any errors, faults, incompleteness, inaccuracy, inadequacy or unsuitability or incorrectness of the provided Software or its results;
- any personal damages or damages to property due to the use of the Software;
- any damages of computers, any viruses or Trojans or similar which were transferred or conveyed by the Software;
- any defaults or incompleteness of the Software including any loss or damages of any kind due to or arising out of the use of the Software provided on the website;
- any damages caused by third persons or subcontractors.
Hence, the University explicitly reserves the right to amend, supplement, delete or remove the Software, partially or as a whole, at any time and without prior notice.
The University explicitly refrains from and does not assume any liability whatsoever for any products or services offered or advertised by third persons via the provided Software.
The User shall acknowledge the authors or originators and use of the Software in the publication of any results achieved through use of the Software in the form of including the following references
- S. Mai, M. Richter, M. Ruckenbauer, M. Oppel, P. Marquetand, L. González: “SHARC: Surface
Hopping Including Arbitrary Couplings – Program Package for Non-Adiabatic Dynamics”.
- M. Richter, P. Marquetand, J. González-Vázquez, I. Sola, L. González: “SHARC: ab Initio
Molecular Dynamics with Surface Hopping in the Adiabatic Representation Including Arbitrary
Couplings”. J. Chem. Theory Comput., 7, 1253-1258 (2011).
The User shall reproduce a copyright notice on every copy of the Software including partial copies and on any accompanying manuals and documentation in the form “Copyright © 2014 University of Vienna. All rights reserved.” Trademark and other proprietary notices must also be reproduced but the User has no longer right to use the name, arms, trademark, logo or other designation of the University of Vienna.
4. Intellectual Property
The contents of this Software are exclusively governed and construed by Austrian intellectual property laws. Any copying, editing, distribution or use of the contents require the prior consent of the respective authors or originators which is not granted or deemed to be granted without the prior written consent as described above.
If and to the extent the User amends, edits or otherwise supplements the Software with own information or other information of third persons, the User shall be deemed as the new operator of the Software. Consequently, the User expressly assumes any and all liability in connection with the Software.
The User is irrevocably obliged to indemnify the University, its employees, its organs, its associated companies and representatives for any damages in particular claims and damage claims including legal cost for
- any use of the Software by the User;
- any violation of rights of third persons in particular of intellectual property rights or personality rights of publicity or
- any claims of third persons due to the use of the Software.
This obligation of the User to indemnify shall not impede any other provision of this disclaimer
described herein and shall remain in force and effect after the User has ceased to use the Software.
If and to the extent third persons assert any claims against the University due to or arising out of the use by any User, such User shall be obliged to indemnify and hold harmless the University for any damages asserted against the University.
6. Data Protection
The User explicitly acknowledges that the University uses services of third party suppliers (e.g. Google Analytics etc.) and consents to the use of its data by the third party supplier. Further, the User consents to the use of the respective IP address of the User or similar by third persons (e.g. for statistical use). The University shall be entitled to provide third persons with such data for statistical purposes. If personal data of Users is provided to or used by third persons, the University shall not be deemed as a sponsor pursuant to the Austrian Data Protection Act 2000.
7. Final Provisions
The Software was developed in Austria and is applicable through a server located in Austria. Any and all interpretation of the content of the Software, any claims with regards to the Software and any disputes in connection with the Software shall be governed by Austrian law excluding any applicable collision provisions. Exclusive place of jurisdiction shall be Vienna, Austria.