Sawtooth Software: Online Surveys, Conjoint Analysis, and Quantitative Marketing Research

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 and *.pm 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. "User" means an individual at the licensed organization using the software.

e. "License Administrator" means an individual at the licensed organization responsible for ensuring compliance with this license agreement. The User and License Administrator may be the same individual. The License Administrator is subject to the same restrictions as the User, as outlined below.

SSI grants the User a License to use the Software solely for the User's own purposes. The User may install the Software on a single or multiple machines. The User must not permit a non-licensed individual to use the Software. The User may, however, make Internet Server Installations on third party servers for collection and reporting of survey data.

The License Administrator ensures that the number of Users at the organization does not exceed the number of licensed Users. Contract programmers outside of the User’s organization may use the software and be counted toward the total permitted number of licensed Users, but the contract programmer must not use the software in any way independent of assisting the licensed Users.

Licenses are transferable once per 12-month period between Users within the organization or between contract programmers. The License Administrator must notify Sawtooth Software of any license transfers.

The User agrees to label each copy of the Software with the following statement: "Copyright Sawtooth Software, Inc."

The User agrees not to attempt to remove the internal copyright notices or user identification.

The 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 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.

The Software is licensed based on a number of data fields that can be included in a single study. The User agrees not to link multiple studies together to create a questionnaire that exceeds the number of data fields granted by the User's license.

When authoring surveys, if the number of data fields authorized by the User’s license is exceeded, a warning appears telling the User to upgrade the software prior to fielding the study. For convenience to the User, the Software permits adding more questions (to not halt work while a new license is procured). It is a violation of this agreement to field and/or analyze a study through the User’s license or another licensee if the data fields in the project exceed the User’s licensed capacity.

For Academic Lab License installations, use of this software is restricted to non-commercial academic research projects for which no compensation is received. Students using this software must be enrolled in the accredited academic institution to which the software is licensed at the time of use. Faculty of the licensed institution may use the lab license for non-commercial academic research projects subject to the license limitations. The software may be installed on individual’s computers and in school computer labs.

SSI may terminate the License if the User violates this Agreement. The User agrees to return all copies of the Software and manuals upon termination.

SSI warrants that the Software will perform as specified in the documentation. 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.

SSI agrees to refund the purchase price and terminate the License at the User's request if the Software and manuals are returned within 60 days of delivery. Refunds apply to the original system size only; system size upgrades are not returnable. 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.

The foregoing is the whole and complete agreement between SSI and 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.