Subscriptions prior to June 1, 2015
Agreement between LICENSED ORGANIZATION / USER and Sawtooth Software, Inc. ("SSI"), a Utah Corporation.
The Licensed Organization / User and SSI agree as follows:
a. "Software" means this software system as marketed by SSI.
b. "Perl Source Code" means the programming instructions written using the Perl programming language contained in the *.pl files shipped with this product.
c. "Internet Server Installation" means the installation of the files needed to display surveys, collect data over an Internet or Intranet, and perform basic reporting functions. It does not include the files needed to construct a questionnaire or perform market simulations.
d. "Licensed Organization" is the organization to whom this license is being granted and with whom this agreement is being made.
e. "User" means an individual at the licensed organization using the software and with whom this agreement is being made.
f. "Licensed Period" is the duration of this agreement which is defined as one year.
SSI grants the Licensed Organization a License to use the Software for Licensed Period for up to 10 Users. All software sold together as part of the annual subscription license are bundled and may not be unbundled for the purposes of counting Users. The Licensed Organization / User must not permit non-licensed individuals to use the Software. The Licensed Organization / User may, however, make Internet Server Installations on third party servers for collection and reporting of survey data.
The Licensed Organization / User can download any Software upgrades/updates/fixes released during the License Period.
The Software will cease operating at the end of the Licensed Period unless the license is renewed. During the Licensed Period, SSI may change the renewal price. If the license is not renewed (the license is terminated), the Licensed Organization / User agrees to cease use of the Software at the end of the Licensed Period and remove, uninstall, and delete all copies of the Software from its computer systems.
Any residual work created with the software remains the property of the Licensed Organization / User.
Licenses are transferable between Users within the Licensed Organization. When licenses are transferred, the new User must register the license.
Contract programmers outside of the Licensed Organization may use the software if a User license is temporarily transferred from the Licensed Organization to the contract programmer. The contract programmer may not use the software in any way independent of assisting the Licensed Organization and the license returns to the Licensed Organization upon completion of the contract work.
The Licensed Organization / User agrees to label any physical copy of the Software with the following statement: "Copyright Sawtooth Software, Inc."
The Licensed Organization / User agrees not to attempt to remove the internal copyright notices or user identification.
The Licensed Organization / User agrees not to modify the Perl Source Code (other than changing path statements) or to use the source code to build another software system, whether for internal use or to market as a software system.
The Licensed Organization / User agrees not to reverse engineer the Software for internal use or to market a software system using the algorithms contained in the Perl Source Code.
Users must register the software with SSI to receive technical support and bug/upgrade notices. The invitation to register the software will appear until the software is registered.
The license fee is payable upon receipt of the software. Such fee has no residual value and is not refundable and cannot be applied towards the purchase of other products or services. There is no conversion option for upgrading to full licenses of the products.
The Licensed Organization / User may copy the Software in accordance with Section 2.
SSI may terminate the License if the Licensed Organization / User violates this Agreement. The Licensed Organization / User agrees to cease use of the Software upon termination and remove, uninstall, and delete all copies of the Software from its computer systems.
SSI warrants that the Software will perform as specified in the user manual. If the Software does not perform as specified, SSI will make reasonable efforts to cause the Software to perform as specified in the agreement, at its own expense.
However, since SSI cannot control the type of data the user uploads, collects, or stores with this Software, SSI cannot and does not warrant the fitness of the Software for any type of data, including but not limited to data that is considered sensitive or that contains personally identifying information.
SSI agrees to refund the purchase price and terminate the License at the Licensed Organization's request within 60 days of delivery. If a product has been returned within the 60-day warranty period, the return policy is no longer valid for future purchases of that product.
SSI makes no other warranties with respect to the Software. SSI's responsibility and liability in all cases will be limited to the purchase price of the Software.
8. INSURANCE COVERAGE
Neither the Software nor the User are covered under any insurance policy maintained by SSI.
Technical support for the Software is provided for all Users via telephone or online for the Licensed Period.
10. INTEGRATION CLAUSE
The foregoing is the whole and complete agreement between SSI and Licensed Organization / User and supersedes any prior agreement or understanding between the parties with regard to the Sawtooth Software license. Any modification, amendment or supplementation to this agreement will be unenforceable unless made in writing and signed by authorized representatives of the parties.
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