text: PLEASE READ THIS AGREEMENT CAREFULLY, BEFORE CONTINUING WITH THE
  DOWNLOAD OR INSTALLATION. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU
  (LICENSEE) ACCEPT THE CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT
  OR AGREE TO THE CONDITIONS OF THIS AGREEMENT, YOU MUST NOT CONTINUE WITH
  THE DOWNLOAD OR INSTALLATION.
  This agreement (hereinafter referred to as "Agreement") regulates the
  contractual relationship between you as the user (hereinafter referred
  to as LICENSEE) and the Max-Planck-Institute für Kohlenforschung
  (hereinafter referred to as "MPI"), acting through its
  Studiengesellschaft Kohle mbH (hereinafter referred to as "SGK")
  concerning the use of the ORCA software and its documentation. These
  conditions of use apply to all updates and upgrades.
  In accordance with their respective license conditions, several third
  party software libraries or products, which are not subject to this
  license agreement, are delivered and installed with SOFTWARE. All
  relevant license agreements are delivered with SOFTWARE and are accepted
  a. "ACADEMIA" refers to all schools, colleges, universities and the
  Institutes of the Max-Planck-Gesellschaft zur Förderung der
  Wissenschaften e.V. Expressly excluded from this term are
  institutions with a connection to the military.
  b. "ACADEMIC PURPOSE" refers to research and teaching in ACADEMIA.
  Expressly excluded from this term are research and development for
  commercial purposes, research and development in cooperation or
  other collaboration with or sponsored by a for-profit
  organization, research and development for a for-profit
  organization and to make research, development or results
  available free of charge to a for-profit organization.
  c. "SOFTWARE" refers to the Software ORCA, version 4.0 or later,
  including its documentation.
  d. "PRIVATE USE" refers to the usage of SOFTWARE by a single, private
  person for private, non-commercial, not work-related research
  only. Expressly excluded from PRIVATE USE is use for a for-profit,
  a non-profit, governmental or any other type of organization.
  Expressly excluded from PRIVATE USE is a use that results or
  contributes to any commercial activity. Expressly excluded from
  PRIVATE USE are persons whose work could potentially benefit from
  or could potentially be influenced in any way through the usage of
  e. "DATA" refers to all data generated by SOFTWARE.
  f. "DATABASE" refers to any organized or random collection of DATA.
  g. Third party refers to any party LICENSEE involves in using DATA
  and/or DATABASES and/or SOFTWARE
  2. CONDITIONS OF USE
  SOFTWARE may be used exclusively in ACADEMIA for ACADEMIC PURPOSES and
  for PRIVATE USE.
  SOFTWARE is an academic program code in development. LICENSEE is aware
  that it is possible that SOFTWARE will not have standard properties, or
  may not be suitable for use or fit for a particular purpose.
  If SOFTWARE is being used by a research group, LICENSEE guarantees such
  research group members' compliance with the rights and obligations
  arising from this Agreement and shall be available to the MPI and SGK as
  a point of contact.
  3. USAGE AND LIMITATIONS
  LICENSEE is entitled to use the SOFTWARE within the scope of the
  Agreement. The license granted to LICENSEE under this Agreement is a
  simple, non-exclusive, non-transferable and non-sublicensable right to
  use SOFTWARE in ACADEMIA for ACADEMIC PURPOSES and for PRIVATE USE,
  limited in time to the term of this Agreement.
  Use in accordance with the Agreement includes installation of the
  SOFTWARE and loading, display and running of the installed SOFTWARE.
  LICENSEE may duplicate SOFTWARE insofar as such duplication is required
  to use SOFTWARE.
  LICENSEE is not entitled:
  a. to transfer SOFTWARE or make it available to third parties in any
  form apart from the exceptions expressly specified in this
  Agreement. In particular, LICENSEE is not permitted to sell, loan,
  lease or rent the SOFTWARE or sub-license it in any other way, or
  to reproduce SOFTWARE or make it accessible publicly;
  b. to use SOFTWARE in the context of cooperation agreements, project
  work or other collaboration with for-profit organizations, or with
  governmental and/or non-profit organizations that do not qualify
  as ACADEMIA. This includes contract calculations for third
  parties. If all partners have a valid license for SOFTWARE or for
  the contract calculations, the limitations of 3 b) do not apply;
  c. to share data generated with SOFTWARE with third parties for other
  purposes than ACADEMIC PURPOSES. Publication of data in a
  scientific journal is expressly permitted.
  d. to share DATA to a database other than under the following
  conditions: DATA may only be shared, in whole or in part, for
  non-commercial purposes and according the conditions of this EULA,
  with the exception that DATA may be sub-licensed. The shared DATA
  must include a copyright notice and a notice that explicitly
  refers to this EULA and the disclaimer of warranties, repeating
  the wording, according to clause 7 hereunder.
  e. Any software using DATA, even if only partly and /or any software
  produced, even if only partly, with DATA obtained by SOFTWARE must
  be used subject to the conditions of this EULA, with the exception
  that DATA may be sub-licensed.
  f. to use DATA to generate DATABASES which may be used for commercial
  purposes or to upload DATABASES to databases, which do not
  prohibit commercial purposes. Software may only be used to
  generate DATABASES for ACADEMIC PURPOSES under open source
  g. to use SOFTWARE or DATA for machine learning except for ACADEMIC
  h. to modify, translate, reverse engineer, decompile or disassemble
  SOFTWARE or parts of it, to create works derived from SOFTWARE or
  parts of it, or to duplicate, translate or modify it or derive
  works from it outside the scope of this Agreement;
  i. to transfer SOFTWARE from one computer via a network or other data
  transfer channel to another computer or another receiving device
  if said transfer is not within the scope of this Agreement;
  j. to remove copyright marks.
  Any and all ownership rights of MPI and/or SGK in and to SOFTWARE shall
  remain unaffected, even if LICENSEE changes SOFTWARE or combines it with
  LICENSEE's own programs or those of a third party.
  5. OBLIGATIONS OF LICENSEE
  LICENSEE shall immediately notify SGK if LICENSEE or ACADEMIA LICENSEE
  is working for, is filing a patent as a result of LICENSEE's use of
  LICENSEE already assigns all claims against third party which violates
  license terms under which LICENSEE made DATA public or accessible to
  that third party in any way, including but not limited to DATABASES, to
  the MPI and SGK. If LICENSEE excluded third party from liability,
  LICENSEE is fully liable for any damages arising from the violation by
  the third party to the MPI and SGK.
  MPI and SGK are entitled to use the information in the patent
  application for marketing purposes and to publish it for this specific
  If results obtained with SOFTWARE are published in the scientific
  literature, LICENSEE shall reference the SOFTWARE as:
  "F. Neese: Software update: the ORCA program system, version 4.0 (WIREs
  Comput Mol Sci 2018, 8:e1327. doi: 10.1002/wcms.1327)". Using specific
  methods included in SOFTWARE may require citing additional articles, as
  described in the manual. LICENSEE agrees to honor the request to cite
  additional papers as appropriate.
  The license shall be made available to LICENSEE free of charge.
  Neither MPI nor SGK shall be obliged to provide any maintenance or
  support for SOFTWARE.
  7. DISCLAIMER OF WARRANTY
  There is no warranty for SOFTWARE, to the extent permitted by applicable
  law. Except when otherwise stated in writing, the copyright holders
  and/or other parties provide SOFTWARE "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 SOFTWARE
  is with LICENSEE. Should SOFTWARE prove defective, LICENSEE assumes the
  cost of all necessary servicing, repair or correction.
  8. LIMITATION OF LIABILITY
  In no event unless required by applicable law or agreed to in writing
  will any copyright holder, or any other party who modifies and/or
  conveys SOFTWARE as permitted above, be liable to LICENSEE for damages,
  including any general, special, incidental or consequential damages
  arising out of the use or inability to use SOFTWARE (including but not
  limited to loss of data or data being rendered inaccurate or losses
  sustained by LICENSEE or third parties or a failure of SOFTWARE to
  operate with any other programs), even if such holder or other party has
  been advised of the possibility of such damages.
  9. INTERPRETATION OF SECTIONS 7 & 8
  If the disclaimer of warranty and limitation of liability provided above
  cannot be given local legal effect according to their terms, reviewing
  courts shall apply local law that most closely approximates an absolute
  waiver of all civil liability in connection with the SOFTWARE, unless a
  warranty or assumption of liability accompanies a copy of the SOFTWARE
  in return for a fee.
  The Agreement is concluded for an unlimited period.
  The right to extraordinary termination for cause remains unaffected.
  In the event of termination, LICENSEE shall surrender use of SOFTWARE,
  remove all copies of SOFTWARE installed on his or her computers and
  either immediately return any backup copies created to SGK or, at its
  discretion, destroy such copies.
  11. OTHER PROVISIONS
  The law of the Federal Republic of Germany applies to this Agreement.
  Application of the UN Convention on the International Sale of Goods
  (CISG) is excluded.
  The place of jurisdiction for all disputes is, to the extent permitted
  by law, Düsseldorf.
  MPI and SGK reserve the right to change these conditions of use without
  specifying reasons, unless the change is unreasonable for LICENSEE to
  accept. LICENSEE shall be notified of any changes to the conditions of
  use without delay. If LICENSEE does not object to the application of the
  modified conditions of use within a period of 2 weeks, the modified
  conditions of use are deemed to have been accepted by LICENSEE.
  Version: June 2021