MIST (MINERAL IDENTIFICATION BY STOICHIOMETRY) SOFTWARE DISCLAIMER, LIABILITY RELEASE, AND EXPRESS ASSUMPTION OF RISK

NOTICE TO USER (“USER” OR “YOU”): PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE MIST (MINERAL IDENTIFICATION BY STOICHIOMETRY) SOFTWARE (HEREAFTER “SOFTWARE”), YOU AGREE TO AND ACCEPT ALL THE FOLLOWING TERMS AND CONDITIONS. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.

William Marsh Rice University (“Rice”), a Texas non-profit corporation that is a private research university in Houston, Texas, through the Siebach Lab, is making available certain Software for access by the public to aid in the identification of mineral phases based on chemical data. This Software is being made available as its current version, but it remains subject to comment, modification, and further release by Rice in accordance with Rice’s continued development and optimization. Rice makes no representation or warranty regarding the Software or any related intellectual property, including, but not limited to, representations and warranties as to non-infringement, merchantability, and fitness for any particular purpose.

You acknowledge that Rice is under no obligation or requirement to provide data or other cooperation to You. You may not assert ownership in the trademarks of Rice, ownership of which belongs to Rice, and no other license is granted to You for any intellectual property rights of Rice or its third-party collaborators. You may not use Rice or any of Rice’s trademarks for any direct or indirect promotional purposes. All uses of Rice’s name and trademarks, must be used in compliance with Rice’s Brand and Identify Standards (https://brand.rice.edu/), including Rice’s Usage Guidelines (https://brand.rice.edu/usage-guidelines).

LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK

You understand that Rice and its faculty, employees, officers, or agents (“Released Parties”), shall not be held liable or responsible in any way for injury, death, or other damages to You, or Your family, heirs, or assigns which may occur as a result of use of the Software or the negligence of any party, including the Released Parties, whether passive or active.