This software license agreement ("Agreement") governs your use of the Software (as defined below) and any related services provided by Sawtooth Software, Inc. ("Sawtooth"), a Utah corporation, having its principal place of business at 1457 E 840 N, Orem, Utah 84097. You are referred to as "User" in this Agreement. If you use the Software, or if you click "I agree" or take any other affirmative action indicating your acceptance of this Agreement, then you have agreed to these terms. If you are an agent or employee of the intended subscriber or User, you individually represent and warrant to Sawtooth that you are authorized to bind that party to this Agreement. If you do not agree to this Agreement, then you are not authorized to use the Software.
The User and Sawtooth agree as follows:
a. "Software" means this software system as marketed by Sawtooth.
b. "User" is any individual granted access to use the Software, regardless of whether or not the User actually accesses the Software.
The licensed Software is the sole and exclusive property of Sawtooth (or its parents, subsidiaries, affiliates, or designees) or its suppliers. By indicating that you accept these terms, you do not become the owners of the licensed Software, but you are entitled to use them according to the terms of this Agreement.
Sawtooth grants the User a license to use the Software for the sole purpose of data collection for questionnaires developed using Sawtooth’s Lighthouse Studio software.
Any residual work created with the Software remains the property of the User.
The User agrees not to attempt to remove the internal copyright notices or user identification.
The User agrees not to modify 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 source code.
The license fee, if any, is payable upon receipt of the software.
The User may copy the Software in accordance with Section 2.
User acknowledges and agrees that subject to the limited rights granted to User under section 2, all trade secret, copyright, patent, trademark, trade name, and other intellectual and proprietary rights in the Software and in the technology embodied in or reflected by such Software (including upgrades, modifications, extensions, derivatives, translations, reformations or developments of the foregoing), are and at all times shall remain the exclusive property of Sawtooth.
The User agrees to cease use of the Software upon termination and remove, uninstall, and delete all copies of the Software from its computer systems. Sawtooth may terminate the license if the User violates this Agreement. The Agreement and your license to use the Software will also terminate if you fail to comply with any term or condition of this Agreement. Sawtooth’s limitations of liability and disclaimers shall survive expiration or termination of this Agreement.
Sawtooth warrants that the Software will perform as specified in the user manual. If the Software does not perform as specified, Sawtooth will make reasonable efforts to cause the Software to perform as specified in the user manual, at its own expense.
However, since Sawtooth cannot control the type of data the user uploads, collects, or stores with this Software, Sawtooth 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.
Sawtooth agrees to refund the purchase price and terminate the license at the User'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.
Sawtooth makes no other warranties with respect to the Software. Sawtooth's responsibility and liability in all cases will be limited to the purchase price of the Software.
7. INSURANCE COVERAGE
Neither the Software nor the User are covered under any insurance policy maintained by Sawtooth.
8. INTEGRATION CLAUSE
The foregoing is the whole and complete agreement between Sawtooth 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.