Academic Annual Subscription License

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:

1. DEFINITIONS

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.

2. LICENSE

SSI grants the Licensed Organization a License to use the Software for Licensed Period for all Users. The Licensed Organization / User must not permit non-licensed individuals to use the Software. For Academic Research Annual Subscription installations, 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.

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.

For Academic Lab Annual Subscription License installations, 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 to create a questionnaire that exceeds the number of data fields granted by the User's license.

For Academic Lab Annual Subscription License installations, the Software is licensed based on a number of respondents allowed in a study.

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 or number of respondents in the project exceed the User’s licensed capacity.

Use of this software is restricted to non-commercial academic use (school-sponsored field study programs are allowed). 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 software for non-commercial academic research projects subject to the license limitations. The software may be installed on User's personal computers and in school computer labs.

3. REGISTRATION

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.

4. FEE

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.

5. REPRODUCTION

The Licensed Organization / User may copy the Software in accordance with Section 2.

6. TERMINATION

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.

7. WARRANTY

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.

9. SUPPORT

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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