No longer sold
Between USER and Sawtooth Software, Inc. ("SSI"), a Utah Corporation.
The 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. "User" means an individual at the licensed organization using the software.
SSI grants the User a License to use the Software in one of two ways: a) by a single User on one or more computers, b) by multiple Users on a single computer (but not simultaneously by more than one User). 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.
Licenses are transferable between Users within the User’s organization. When licenses are transferred, the new User should register the license.
Contract programmers outside of the User’s organization may use the software if a license is temporarily transferred from the User’s organization to the contract programmer. The contract programmer may not use the software in any way independent of assisting licensed Users and the license returns to User’s organization upon completion of the contract work.
The User agrees to label any physical 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 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.
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/upgrade fee is payable upon receipt of the software.
The User may copy the Software in accordance with Section 2.
SSI may terminate the License if the User violates this Agreement. 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.
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 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.
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. INTEGRATION CLAUSE
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.
Licensing Policy Other Agreements