Effective July 13, 2026

This is a Software as a Service Agreement ("Agreement") between you (either an individual or a single entity), referred to herein as "you", "your", or "yours", and Molecular Knowledge Systems, Inc., referred to herein as "MKS". This Agreement applies to your use of all MKS websites and web-based applications and tools ("Services" or individually a "Service") that post a link to this Agreement.

1. Services

   1. The Services consist of access to MKS’s Websites, Web Applications, API tools, and API platforms. These are cloud-based software designed for providing physical property information included but not limited to physical property data, physical property estimates, physical property analysis, chemical product design candidates, mixture product design candidates, and physical property estimation techniques.
   2. MKS may perform scheduled maintenance on the Services each week from Saturday at 8:00 PM to Sunday at 2:00 PM Eastern Time (USA). Such maintenance may make the Services unavailable. MKS may perform urgent, unscheduled maintenance on the Services on an as-need basis which may make the Services unavailable.

2. Registration

   1. To access and use the Services, you are required to provide certain information (such as identification or contact details) as part of the registration process, or as part of your continued access to, or use of, the Services. MKS may retain this information until it is no longer needed by MKS, including for contractual and integrity purposes. MKS’s Privacy Policy currently located at https://www.molecularknowledge.com/legal/privacy.html explains how MKS treats your personal data and protects your privacy when you provide your personal data in connection with your access and use of the Services.
   2. Depending upon the Service, upon successful registration, and payment of the usage fee if required, you may be emailed a sequence of numbers and characters which will be your Access Key. You are solely responsible for the confidentiality of Access Key and may not share your Access Key with any other third party.
   3. If you believe an unauthorized person has gained access to your Access Key, you must notify us as soon as possible after discovery.
   4. You agree to keep your registration information accurate, complete, and current for so long as you use the Services. Changes in your registration information should be emailed to MKS at

3. Term

   1. This Agreement will commence on the later of the date of registration and, if applicable, the receipt of the fee for the Services.

4. Permitted Use and Limitations

   1. MKS reserves the right at any time (and for any reason) to modify or discontinue, temporarily or permanently, the Services, your use of the Services, or any portion thereof with or without notice to you and without any form of compensation or consideration to you. MKS also reserves the right to create, modify and enforce controlling mechanisms such as a rate limiting structure or granular permissioning for use of the Services, and to apply controlling mechanisms to individual users as determined in our sole discretion. Further, you acknowledge that MKS has no obligation to ensure that an upgrade of the Services will be compatible with current Services.
   2. MKS reserves the right to revoke your Access Key or terminate or limit your use of the Services if you violate this Agreement or MKS otherwise objects to your use of the Services, including but not limited to, uses that replicate or otherwise imitate MKS sites, services, or products. If you are unsure if a certain use of the Services is permitted, please contact us at to discuss your needs.
   3. You agree that any reference to MKS or the Services in your use of the Services shall not be displayed in a manner that has a likelihood of implying a direct or indirect affiliation, endorsement, sponsorship or approval by MKS.
   4. Your use of the Services may be subject to certain limitations on access, data requests, and use. If we believe that you have attempted to exceed or circumvent these limitations, your ability to use the Services may be temporarily or permanently blocked. You may not, nor may you encourage or allow any third party to interfere with, hinder, limit, or modify any notices or authorization or consent requests provided by MKS.
   5. You agree that MKS may monitor and collect certain usage data and information related to your use of the Services ("Usage Data"), and that MKS may use such Usage Data for any business purpose, internal or external, including, without limitation, providing enhancements to the Services, providing developer or user support, ensuring compliance with this Agreement, or otherwise.
   6. MKS reserves the sole right to determine whether or not your use of the Services is acceptable, and to revoke Services access for any user that we determine is not providing added benefit to MKS users and/or is not in the best interests of MKS or our users.

5. Platform

   1. MKS and its third-party providers may make improvements and/or changes in the data and functionality provided by the Services at any time without notice. Such changes may include, but are not limited to, changes to the authentication and/or permissioning structure.
   2. If you do not agree to any such changes, you must immediately cease use of the Services.

6. Fees

   1. Access to and use of some of the Services are currently provided at no charge. MKS reserves the right to charge you for use of and access to these Services in the future at our discretion, including, without limitation, rated pricing and/or differentiated pricing for different categories of users. We will provide you with notice in the event we decide to start charging for use.

7. Cancellation and Termination

   1. You agree that MKS shall not be liable to you or to any third party for any access, use, modification, suspension or discontinuance of the Services or any portion thereof.
   2. If MKS determines that you have not accessed the Services for a period of 90 days or longer, MKS reserves the right to delete your information including your Access Key from our access database. Such a deletion will prohibit you from accessing and using the Services, but it will not prohibit you from creating a new registration and receiving a new Access Key.
   3. You or MKS may terminate this Agreement if the other party materially breaches the Agreement and fails to cure such breach within 30 days of receiving written notice.

8. Intellectual Property

   1. You agree that MKS and its affiliates and licensors retain all worldwide right, title and interest in and to the Services, including, without limitation, all intellectual property rights therein. Any rights not expressly granted herein are prohibited and reserved.
   2. MKS grants you permission to use, copy, modify, and/or distribute the information generated for you by your use of the Services for any purpose without fee.

9. Representation

   1. You represent and warrant to us that: a) you are at least 18 years of age; b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement; c) the information you submit as part of your registration is current, accurate, and complete; d) you will not engage in any unfair, deceptive, or abusive acts or practices when utilizing the Services; e) you and all transactions effected via the Services will comply with all laws including federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; f) you will not use the Services directly or indirectly, for any fraudulent or illegal undertaking, or in any manner so as to interfere with the normal operation of the Services.

10. Indemnity

    1. You agree to indemnify, defend, and hold harmless MKS, its affiliates, and their officers, directors, employees, agents, licensors, users and partners from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including, without limitation, reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (i) your use of the Services other than as expressly allowed by this Agreement; (ii) your breach or alleged breach of any of the terms, conditions and representations under this Agreement; or (iii) your gross negligence or willful misconduct. You will control the defense and settlement of any claim subject to indemnification by you hereunder, provided that MKS may at any time elect to take over control of the defense and settlement of any claim. You may not settle or compromise any such claim without MKS’s prior written consent.

11. Limitation of Warranties

    1. You expressly acknowledge and agree that use of the Services is AT YOUR OWN RISK and that the Services are provided "AS IS" without any warranties or conditions whatsoever.
    2. MKS AND ITS LICENSORS HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES (I) AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE, OR (II) THAT THE OPERATION OF THE SOFTWARE OR THE KNOWLEDGE BASES WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitation of Liability

    1. MKS AND ITS LICENSORS SHALL IN NO EVENT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, TO YOU OR ANYONE ELSE FOR (i) ANY INACCURACY, ERROR, OR OMISSION IN, OR LOSS, INJURY, OR DAMAGE CAUSED IN WHOLE OR PART BY, OR FAILURES, DELAYS, OR INTERRUPTIONS OF, ANY OF THE SERVICES, OR (ii) ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST DATA OR LOST PROFITS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY OF THE SERVICES OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. REGARDLESS OF THE FORM OF CLAIM, MKS’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THE SERVICES (i) SHALL BE LIMITED TO ACTUAL DAMAGES, AND (ii) SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE FEES PAID BY YOU UNDER THIS AGREEMENT.
    3. MKS makes no warranties regarding the accuracy of the estimates generated by the Services, or the data provided by the Services. You, and not MKS or its licensors, are responsible for testing whether any particular chemical or mixture actually has the characteristics and properties predicted by or reported by the Services.

13. US Government Rights

    1. If you are accessing the Services on behalf of any part of the United States Government, the following provisions apply. The Services and its documentation are deemed to be "commercial 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 Services by the U.S. Government or any of its agencies 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.

14. Taxes

    1. You agree to be responsible for and to pay, and to reimburse MKS on request if MKS is required to pay, any sales, use, or other tax (excluding only any tax that is based solely on MKS’s net income), assessment, duty, tariff, or other fee or charge of any kind or nature levied or imposed by any governmental authority pertaining in any way to this Agreement, or your use of the Services.

15. General

    1. This Agreement will be governed by the laws of the State of New Hampshire, without reference to conflict of laws principles; the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
    2. This Agreement is the entire agreement between MKS and you and supersedes any other communications or advertising with respect to the Services.
    3. If any provision of this Agreement is held unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
    4. Any licensor of MKS whose material has been incorporated into the Services is a third-party beneficiary of this Agreement. Notwithstanding the foregoing and for the avoidance of doubt, all Licensee data that is processed using the Services remains the sole and exclusive property of Licensee.
    5. You agree to comply with all U.S., foreign, and local laws and regulations which apply to your use of the Services, including, without limitation, export control laws and regulations.
    6. This Agreement may only be modified by an amendment in writing signed by MKS and you. No dealer, distributor, or agent of MKS is authorized to make any modification or addition to this Agreement or any of its terms.
    7. This Agreement shall be binding on and for the benefit of MKS and you and MKS’s and your respective successors and assigns; provided, that you may not assign, sublicense, or otherwise transfer this Agreement, in whole or in part, without MKS’s prior written consent.