“Daily indexing volume” means the maximum daily aggregated volume of uncompressed data for indexing, as specified in the order document Where applicable, the order document may also duplicate data that allows the customer to use an indexer to obtain data already indexed from another indexer or a group of indexers that have processed the same data under a valid software license. The authorization to obtain an academic license is determined for each research group. Therefore, eligibility may vary from one research group within a single degree-granting institution, and academic licenses only apply to the research group of a particular principal investigator. OpenEye decides, at its discretion, the licensee`s right for an academic license, based on the continued accuracy of the relevant information provided by the licensee and the continued compliance with this agreement. The authorization to obtain an academic license is not permanent and the authorization is regularly checked. Any provisions relating to OpenEye`s academic fitness and academic licensing policy may be changed at any time, without notice, at OpenEye`s sole discretion. Academic License AgreementWhen it is a free license for academic research, no changes to this Agreement can be made. If the licensee does not agree with the terms, please contact OpenEye to obtain academic awards for a commercial end-user license. This Agreement constitutes the entire agreement relating to the subject matter of this Agreement and may only be modified or terminated by a letter executed by both Licensee and OpenEye. If any provision of this Agreement is found to be unenforceable, that provision shall be amended only to the extent necessary to make it enforceable.
This Agreement is governed by the law of New Mexico, excluding conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Sections VII, VIII, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII and XIX of this Agreement are in the process of terminating or expiring this Agreement. Licensee acknowledges that OpenEye would suffer considerable harm if Licensee breached this Agreement and agrees that, in such event (in addition to any other right or remedy), OpenEye shall have the right to obtain an injunction from any competent court without security deposit or any other warranty. During the term of validity, OpenEye grants Licensee a non-exclusive, non-transferable license for the “use” of any software (“Software” provided by OpenEye) and accompanying documentation (“Documentation”) described below in the form of “License Grant”. `use` means the licensee`s internal end-use in its research institutes for purely non-commercial academic research. . . .