END USER LICENSE AGREEMENT

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THIS SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE TO THE PARTY FROM WHOM YOU ACQUIRED THEM.

1. Definitions.

• "Documentation" means explanatory materials in printed, electronic or online form accompanying the Software in Japanese and other languages, if available.

• "JRI" means JEOL RESONANCE INC, a Japanese company having its principal office at 1-2 Musashino 3-Chome Akishima Tokyo 196-8558 Japan, who licenses the Software to you under this Agreement.

• "Software" means each software program in object code format licensed by JRI and received from JRI or its suppliers, including Upgrades and Updates.

• "Support" or "Technical Support" means the support services offered by JRI from time to time for the support and maintenance of the Software, including the provisions of Updates and Upgrades.

• "Updates" are updates for the Software which are made generally available to users of this Software.

• "Upgrade" means any and all improvements in the Software which are made generally available to users of this Software.

2. License Grant.

Subject to the terms and conditions of this Agreement, JRI hereby grants to you a royalty-free, non-exclusive, non-transferable right to use the Software (for the purpose of this Agreement, use of the Software means to access, install, download, copy or otherwise benefit from using the Software) solely for your own internal use. You acknowledge that the Software and all related information are proprietary to JRI or its suppliers. You are also granted rights to Updates and Upgrades, if any.

3. Copy and Use terms.

• Term: The license shall be perpetual unless terminated hereunder.

• Copies: You may copy the Software as reasonably necessary for back-up, archival or disaster recovery purposes.

• General Restrictions: You may not, nor allow any third party to: (i) remove any product identification or proprietary rights notices of the Software or Documentation; (ii) lease, lend or use the Software for timesharing or service bureau purposes; (iii) modify or create derivative works of the Software, (iv) except with JRI’s prior written permission, publish any performance or benchmark tests or analysis relating to the Software or (v) otherwise use or copy the Software except as expressly provided herein.

• If the Software is used to obtain a result, and that result is published in the public literature, then you agree to acknowledge its use of the Software in an appropriate citation. The citation should include:

  • the name of the product;

  • the source;

  • the authorship; and

  • an appropriate copyright notice.
    The example of the required citation is given in Appendix 2.
    Alternatively, the citation may be made in form of a reference to a published scientific journal article.

• You hereby acknowledge that the Software is to be used for educational and academic research purposes and may not be used for commercial purposes without prior written consent by JRI. For the purposes of this Agreement, academic research means use and research which is not confidential and/or proprietary, and the results of which may be published immediately in the public domain without restriction. Commercial purposes include, but are not limited to, product development, consulting, or research in collaboration with commercial entities.

4. Technical Support and Maintenance.

JRI may, at its sole discretion, provide you with Technical Support from time to time. You shall acknowledge that it is JRI’s sole discretion to respond to or address any question or trouble received from you.

5. No Warranty and Disclaimer.

• No Warranty: JRI and its suppliers make no warrants on the Software licensed hereunder (including Updates and Upgrades) that it will perform in accordance with the Documentation or any specification. The Software may contain errors or other problems that could cause system or other failures and data loss. Consequently, the Software is provided to you “AS IS” and JRI and its suppliers disclaim any warranty or liability obligations to you of any kind. Any information about the Software gathered from its use shall be used solely for evaluation purposes and shall not be provided to any third parties.

• No Obligated Remedy: Neither JRI nor its suppliers are obligated to repair or replace the Software.

• Disclaimer: THE ABOVE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND JRI AND ITS SUPPLIERS MAKE NO WARRANTY OR GUARANTEE AS TO ITS USE OR PERFORMANCE AND DO NOT WARRANT OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE FAIL SAFE, UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS OR THAT THE SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE THREATS.

• Exceptions: Some countries or jurisdictions do not allow the exclusion of express or implied warranties, so the above disclaimer may not apply to you. IN THAT EVENT, SUCH EXPRESS OR IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD (OR THE MINIMUM PERIOD REQUIRED BY THE APPLICABLE LAW).

6. Limitation of Remedies and Damages.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE AND/OR COMPUTER FAILURE OR MALFUNCTION AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party’s aggregate liability to the other party for direct damages exceed one US dollar. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES.

7. Intellectual Property Indemnity.

• Third-party claims: Neither JRI nor its supplier shall defend and hold you harmless from any claim by a third party that the Software infringes, whether a patent, copyright or trade secret of that third party.

• Liability: In the event that the Software is held by a court of competent jurisdiction to constitute an infringement or use of the Software is enjoined, JRI will terminate this Agreement and you shall, at JRI’s sole discretion, return to JRI or destroy the Software and Documentation.

8. Termination.

You may terminate your license at any time by uninstalling the Software. JRI may terminate your license any time during the term of this Agreement by giving you a notice thereof. Upon such termination, you shall promptly return or destroy all copies of the Software and Documentation.

9. Additional Terms.

"Free" or "Open-Source" Software: The Software includes programs or codes that are licensed under an Open-Source Software ("OSS") license model as listed on the Appendix 1. OSS programs and codes are subject to the terms, conditions and obligations of the applicable OSS license and are SPECIFICALLY EXCLUDED FROM ALL WARRANTY AND SUPPORT OBLIGATIONS DESCRIBED ELSEWHERE IN THIS AGREEMENT.

10. Notice to United States Government End Users.

The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

11. Privacy and Collection of Personal or System Information.

• The Software, Support or service subscription may employ applications and tools to collect personally identifiable, sensitive or other information about you and users (e.g., including, without limitation, your and users’ name, address and e-mail address), their computers, files stored on their computers, or their computers’ interactions with other computers (e.g., including, without limitation, information regarding network, licenses used, hardware type, model, hard disk size, CPU type, disk type, RAM size, 32 or 64 bit architecture, operating system types, versions, locale, BIOS version, BIOS model, total scanners deployed, database size, system telemetry, device ID, IP address, location, content, other products installed, components, processes and services information, frequency and details of update of components, information about third party products installed, extracts of logs created by JRI, usage patterns of JRI products and specific features, etc.) (collectively, "Data").

• The collection of this Data may be necessary to provide you and users with the relevant Software, Support or service subscription functionalities, enable JRI and its suppliers to improve the Software, Support or service subscription and to further or improve overall usability for you and users. You may be required to uninstall the Software or disable Support to stop further Data collection that supports these functions.

• Before entering into this Agreement, or using the Software, Support, you must read and agree to the Privacy Statement on the JEOL group web site (https://www.jeol.co.jp/en/privacy.html) and to the collection, processing, copying, backup, storage, transfer and use of this Data by JRI and its service providers, in, from and to Japan, the United States, Europe, or other countries or jurisdictions potentially outside of your own as part of the Software, Support under such privacy policy. Read "JEOL Ltd." as "JRI" when reading the policy statement. JRI will only collect, process, copy, backup, store, transfer and use personally identifiable information in accordance with the JEOL group privacy policy above.

12. Export Controls.

You acknowledge that the Software is subject to Japan and, when applicable, U.S. and European Union export regulations. You shall comply with applicable export and import laws and regulations for the jurisdiction in which the Software will be imported and/or exported. You shall not export the Software to any individual, entity or country prohibited by applicable law or regulation. You are responsible, at your own expense, for any local government permits, licenses or approvals required for importing and/or exporting the Software. JRI reserves the right to update any information on its export control policies from time to time, at its sole discretion.

13. Governing Law.

This Agreement will be governed by and construed in accordance with the substantive laws of Japan, unless another local law is required to be applied. This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Uniform Computer Information Transactions Act as enacted shall not apply. The courts of Japan shall apply when Japanese law applies.

14. Miscellaneous.

• Any terms of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

• This Agreement, including all documents incorporated by reference, represents the entire agreement between the parties and expressly supersedes and cancels any other communication, representation or advertising whether oral or written, on the subjects herein. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of JRI. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by JRI. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

• All notices, requests, demands and determinations for JRI under this Agreement (other than routine operational communications) shall be sent to: the applicable entity address on the first page of this Agreement addressed to "Attention: Legal Department".

Appendix 1

Ⅰ．環構造列挙プログラム

<OWNER> =
<YEAR> =

In the original BSD license, both occurrences of the phrase "COPYRIGHT HOLDERS AND CONTRIBUTORS" in the disclaimer read "REGENTS AND CONTRIBUTORS". Here is the license template:
Copyright (c) 2016, <OWNER>
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

• Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

• Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Ⅱ.CAST/CNMR用GUI、ケモじゅん、じゅん

GNU GENERAL PUBLIC LICENSE
Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

• You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
  
  You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

• You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

  • You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

  • You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

  • If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

  These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

  Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

  In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

• You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
  • Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
  • Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
  • Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

  The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

• You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
• You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
• Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
• If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
• If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
• The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
•  If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

•  BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
•  IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

Copyright © 2016 H.Satoh, H. Koshino, S. Koichi, A. Aoki, and Inter University Research Institute Corporation Research Organization of Information and Systems (ROIS), Tokyo, Japan.

Appendix 2

i. the name of the product and the authorship:

• CAST/CNMR: Hiroyuki Koshino, Hiroko Satoh, Shungo Koichi and Inter University Research Institute Corporation Research Organization of Information and Systems (Copyright©2016 by Hiroyuki Koshino, Hiroko Satoh, Shungo Koichi and Inter University Research Institute Corporation Research Organization of Information and Systems)
• CAST/CNMR GUI Module: Inter University Research Institute Corporation Research Organization of Information and Systems (Copyright©2016 by Inter University Research Institute Corporation Research Organization of Information and Systems)
• ChemoJun Library: Inter University Research Institute Corporation Research Organization of Information and Systems (Copyright©2016 by Inter University Research Institute Corporation Research Organization of Information and Systems)
• Jun Library: Jun Aoki (Copyright©2016 by Jun Aoki)

The current required citations for this work are given below. Note that you should replace Ver.1.0 in (1) with the version of the program that you actually use.

• CAST/CNMR Ver.1.0, H. Satoh, H. Koshino, S. Koichi, A. Aoki, and Inter University Research Institute Corporation Research Organization of Information and Systems (ROIS), Tokyo, Japan.

• H. Satoh, H. Koshino, J. Uzawa, T. Nakata, CAST/CNMR: Highly Accurate 13C-NMR Chemical Shift Prediction System Considering Stereochemistry. Tetrahedron, 59, 4539-4547 (2003)

• S. Koichi, M. Arisaka, H. Koshino, A. Aoki, S. Iwata, T. Uno, H. Satoh, Chemical Structure Elucidation from 13C NMR Chemical Shifts: Efficient Data Processing Using Bipartite Matching and Maximal Clique Algorithms. J. Chem. Inf. Model. 54(4), 1027-1035 (2014)