webMathematica^™ Amateur License Agreement

ACCEPTANCE
THIS IS A BINDING AGREEMENT: READ ALL TERMS; RETAIN A COPY.

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING, INSTALLING, OR USING THE SOFTWARE.

BY CLICKING THE "I AGREE" BUTTON, OPENING THE MEDIA CONTAINER, DOWNLOADING THE PRODUCT, OR INSTALLING/USING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS webMATHEMATICA AMATEUR LICENSE AGREEMENT ("AGREEMENT"). IF YOU ARE NOT WILLING TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS, INSTALL, OR USE THE SOFTWARE. IMMEDIATELY RETURN THE ENTIRE PRODUCT TO THE SOURCE FROM WHICH IT WAS OBTAINED, AND UNINSTALL/REMOVE/DESTROY ANY ADDITIONAL COPIES OF THE SOFTWARE.

DEFINITIONS

WRI: Wolfram Research, Inc., 100 Trade Center Drive, Champaign, IL 61820-7237, USA.

You/Licensee: The purchaser of this license. If You/Licensee agree to these terms on behalf of an organization, You represent to WRI that You are authorized to accept these terms on that organization's behalf.

Software: The computer programs provided by WRI under this Agreement (whether by download or boxed media) known as webMathematica.

Mathematica®: The computer programs by the same name produced by WRI.

Mathematica License Agreement: The terms that, along with this Agreement, govern Licensee's use of the Software.

Public Internet Site(s): Refers to a publicly accessible website hosted or created by Licensee.

Private Internet Site(s): Refers to a publicly accessible website hosted or created by Licensee that places restrictions or additional requirements, other than free registration, on access. This includes sites that charge subscription fees as well as sites that only allow access to select groups, such as Licensee's employees, affiliates, or customers.

Intranet Site(s): Refers to a website located on a secure computer network owned or leased by Licensee, which may only be accessed by Licensee's employees, affiliates, or contractors. An Intranet Site also includes any website that has controlled access via a password (or other equivalent verification method) that is not publicly accessible.

Site(s): When appearing alone, refers to all Intranet Sites, Public Internet Sites, and Private Internet Sites hosted or created by Licensee.

Users: Refers to those persons who access Licensee's Sites.

Interface: Refers to the means by which Users of Licensee's Site convey information or send requests to Software, including but not limited to web browsers, Java programs, or other software.

Premier Service: Refers to WRI's program of enhanced Mathematica user support and maintenance that requires payment of an annual fee.

GENERAL USE AND RESTRICTIONS
Subject to Licensee's acceptance of, and compliance with, the terms of this Agreement, the Mathematica License Agreement, and any relevant Site License, WRI grants Licensee a non-exclusive license to use the Software to integrate the power of Mathematica into a specific-use Public Internet Site by linking Licensee's Interface to the Software. This Agreement expressly disallows use of the Software in conjunction with any Private Internet Site or Intranet Site. This Agreement expressly disallows use of the Software in conjunction with any for-profit or government site.

The term of this license runs concurrently with Licensee's subscription to Premier Service. Additional details are listed on the applicable license certificate and the relevant Site License (if any).

This license terminates in the event that Licensee receives a license to use an upgraded version of the Software in place of this license. WRI is under no obligation to provide any such upgrade, enhancement, or other improvement.

A Site that delivers Mathematica itself to Users is prohibited by this Agreement. This Agreement allows Licensee to present to Users of Licensee's Sites the power of specific capabilities or derivative capabilities of Mathematica through an Interface specialized for the use of those capabilities, so long as the content is not that of the Mathematica user experience itself.

Licensee may not use the license granted hereunder in connection with any Site operated for or resulting in direct commercial gain; use of the license granted hereunder for such purposes is a violation of this Agreement and may result in its immediate termination.

SPECIFIC USE RESTRICTIONS AND SITE REQUIREMENTS
Licensee may not create a Site in which a User can type in arbitrary, open-ended calculation requests, in Mathematica syntax or in any other syntax or means of specification, and have those requests carried out by the Software. In addition, Licensee may not aggregate multiple Sites with incremental functionality in order to recreate the Mathematica user experience or any significant portion thereof. In other words, Licensee may not offer Licensee's Users through multiple Sites a level of functionality that would violate this Agreement if offered through a single Site. In no event may Licensee allow Users to bypass such restrictions or otherwise access the Software directly.

Licensee may not replicate, in whole or in part, the "look and feel" of Mathematica with Licensee's Interface. Licensee's Interface may not be composed of a combination of visual, design, or functional elements that could reasonably be expected to cause confusion between Mathematica and Licensee's Interface among Users of Licensee's Site. The criteria for assessing compliance with this restriction will be set and applied at WRI's sole discretion. WRI agrees to exercise that discretion reasonably.

Within sixty (60) days of executing this Agreement, Licensee agrees to provide WRI with the name(s) of the manager, systems administrator, and/or webmaster responsible for monitoring or maintaining any Site that utilizes the license granted by this Agreement. Licensee will provide a telephone number and email address for each such person. It is Licensee's responsibility to ensure that this information is updated; supplying this information and maintaining its accuracy are conditions for the ongoing validity of this Agreement.

Licensee agrees to provide a web link supplied by WRI on any Site covered by this Agreement. WRI will supply Licensee with a graphic and hypertext link to a server operated by WRI that Licensee will display on all pages that supply input to or receive output from the Software, such link to include the phrase "Powered by webMathematica." This banner shall appear in reasonably close proximity to the input or output displays. In addition, Licensee agrees to permit WRI to use the name and/or URL of Licensee's Site in promotional materials.

INSPECTION OF SITES
When a Site becomes available to Users, Licensee agrees to notify WRI of the URL or IP address of that Site as soon as possible after the Site "goes live."

WRI reserves the right to determine at any time during the term of this Agreement, based on inspection of Sites, whether a particular Site is in compliance with the terms of this Agreement. If WRI determines that a Site is not in compliance, whether through flaws in intent, design, or implementation, remedies will be suggested to bring that Site into compliance with this Agreement. In the event that a nonconforming Site remains nonconforming after WRI has allowed a reasonable amount of time to permit Licensee to implement appropriate remedies, WRI reserves the right to terminate this Agreement with ten (10) days' notice to Licensee.

Licensee agrees that ongoing operation of an unlicensed or nonconforming Site would cause WRI irreparable harm. Licensee agrees, at WRI's request, to render inaccessible any Site covered by this Agreement whose compliance is subject to dispute or legal action, for the duration of the dispute. In consideration thereof, if such a Site is ultimately found to be conforming or is made to conform, WRI will extend the duration of any time-limited license or service contract by the amount of time that Licensee's affected Site was rendered inaccessible to Users, regardless of the status of the Agreement.

PROPRIETARY RIGHTS
This Agreement does not grant Licensee any right, title, or interest in any intellectual property rights embodied in or associated with Mathematica or the Software, nor any right to copy, modify, loan, lease, or sublicense the Software. Under no circumstances may Licensee decompile the object code portion of the Software to a source code version.

Licensee agrees that lending, renting, sublicensing, decompiling, or otherwise allowing unauthorized copying, alteration, or use of the Software, whether such unauthorized use is intended or reasonably foreseeable, shall constitute contributory infringement of WRI's proprietary rights, including copyright and trade secret rights.

LIMITATION OF LIABILITY, LIMITED WARRANTY, AND DISCLAIMERS
WRI makes no warranties, other than those specifically indicated in this Agreement, to Licensee or any third party. Acceptance of this Agreement indicates that Licensee has read and understands all disclaimers of warranty and limitations of liability contained herein.

WRI shall have no obligation or liability with respect to any claim, suit, or proceeding based upon: (a) infringement by a combination of the Software with other software or products not furnished by WRI; (b) infringement resulting from any modification or addition to the Software by any person or entity other than WRI; or (c) any use of the Software in the practice of a process not specified or authorized by WRI.

WRI MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, INTEROPERABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

IN NO EVENT SHALL WRI BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER, EVEN IF WRI HAS BEEN ADVISED, KNOWS, OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL WRI'S TOTAL LIABILITY TO LICENSEE FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER EXCEED THE TOTAL AMOUNT THAT WAS ACTUALLY PAID TO WRI BY LICENSEE UNDER THE AGREEMENT AS OF THE DATE SUCH CLAIM AROSE.

THE LIMITATIONS STATED IN THIS SECTION APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE GROUND. EACH OF THESE LIMITATIONS OF LIABILITY IS INTENDED TO BE ENFORCEABLE REGARDLESS OF WHETHER ANY OTHER EXCLUSIVE OR NON-EXCLUSIVE REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

THIS SECTION STATES WRI'S EXCLUSIVE LIABILITY AND OBLIGATION, AND LICENSEE'S EXCLUSIVE REMEDY, WITH RESPECT TO ANY CLAIM, SUIT, OR PROCEEDING INVOLVING ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, MASK WORK, TRADE SECRET, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHT OF ANY KIND BY OR IN CONNECTION WITH THE SOFTWARE OR THE MARKETING OR USE THEREOF.

GENERAL PROVISIONS
Licensee may not assign or transfer any rights or obligations under this Agreement without prior written approval from WRI. All notices required under this Agreement shall be in writing. Notices must be sent via certified mail. Notices will be considered received eight (8) days after date of mailing.

CHOICE OF LAW
This Agreement is governed by the laws of the State of Illinois without effect to any choice-of-law provisions.

UNITED STATES FEDERAL GOVERNMENT RESTRICTED RIGHTS
If this Software is acquired by or on behalf of the U.S. federal government, this provision applies. Use, duplication, or disclosure of this Software is subject to restrictions set forth in FAR 52.227-19 and DFAR 227.7200 - 227.7202-4, as applicable. The Software is "commercial computer software" and is licensed with only "Restricted Rights".

Mathematica is a registered trademark and webMathematica is a trademark of Wolfram Research, Inc.