End user agreement for SurveyPro
APIAN SOFTWARE LICENSE AGREEMENT for SurveyPro 5.0
SINGLE USER LICENSE
This Apian Software License Agreement ("License Agreement") is a legal agreement between you and Apian Software, Inc. ("Apian") for the use of Apian Software product programs and files identified above ("Software"). Software consists of the computer program, its accessory programs and included files, and may include associated media, printed materials, any "on-line" or electronic documentation and also includes any updates and supplements to the original Software provided to you by Apian. By installing, downloading, accessing, copying, or in any way using the Software, you agree to be bound by the terms of the License Agreement.
Ownership of Software, Copyright, Trademarks Retained
The Software is the property of Apian Software, Inc. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. All rights not expressly granted are reserved by Apian.
Grant of License. Apian grants you the non-exclusive, non-sublicensable, limited license to use the Software so long as you comply with all the terms of the License Agreement for the Software use you have paid for.
Single User License. You may install and use this Software under a Single License as either (1) a PERSONAL Configuration or as (2) a SINGLE-USER SITE Configuration, but not both.
In a PERSONAL configuration you may install the Software wherever you are working, so long as it used by one individual and no other. You may install the Software in machine- readable form on any computer(s), including on a network server, solely for one person's individual use, and so long as no other person can access the Software. You may NOT allow more than one individual to use the Software at any time under this option.
In a SINGLE-USER SITE configuration you may install the Software at a single Site. It may be used by any person who normally works at this site, so long as the Software is used by no more than one person at a time. You may install the Software in machine-readable form on one computer only (workstation or LAN server). The Software may be accessed by a person who normally works at the site on the one network server over a dial-up connection, Local Area Network, Virtual Private Network, or its equivalent where the program is executed directly from the single copy on that server.
You may not combine elements of the PERSONAL and SINGLE-USER SITE Options.
If you need the right for more than one person to use the Software, please contact Apian Software for Workgroup License information.
Backup Copy. You may make one (1) copy of the Software in machine-readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy.
Transfer of Software. You may transfer your rights in the Software one time, from you to one other person, provided you permanently transfer all rights under this Agreement, and not for the purposes of a single project or segment of a project.
Limits on Modifications. You may not modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the Software or accompanying materials (except for sample code). You may not use or modify sample source code except as required for its use with licensed Apian Software products. You may not remove any proprietary notices, labels or marks on the software or accompanying materials.
NetCollect Web surveys. You may install on any Online server(s) HTML surveys exported from NetCollect. Perl, ASP and other server application components included with NetCollect may be used with NetCollect HTML surveys by licensed users of NetCollect, but may not be distributed separately, reverse-engineered or used for other purposes.
DirectCollect surveys. You may distribute as many copies of the run-time survey data collector and team interviewer modules as needed, or offer network access to them for respondents, without additional licenses. Visual Basic source code included with DirectCollect may be modified and used with DirectCollect by licensed users of DirectCollect, but may not be distributed separately, reverse-engineered or used for other purposes.
KeyCollect. You may install as many copies of the KeyCollect accessory program as you wish for data entry to SurveyPro projects developed under this license.
Respondent EMailer. You may install as many copies of the Respondent EMailer accessory program as you require to support SurveyPro projects developed under this license. The Respondent EMailer is not licensed or supported for general use. Apian supports responsible bulk mailing. The Respondent EMailer may be used only for mailings which comply with: current "Spam" or Unsolicited Bulk E-mail legislation, Acceptable Uses or similar contractual obligations you may have with your Internet service provider(s) and opt-in mailing lists.
Evaluation Software. Software identified as "Evaluation" or "Demonstration" may not be resold, transferred or used for any purposes other than demonstration, test, or evaluation.
Upgrades and Conversions. If the Software is an upgrade of an earlier release, a conversion from another Apian Software product, or fulfillment of a Beta Subscription, then you must cease using all earlier versions except for transitional use during the upgrade. You may not loan, rent, sell or otherwise transfer any earlier version. This license agreement replaces all prior license agreements effective with installation of the Software, and prior Licenses for earlier versions are hereby terminated. Following installation, the Entire agreement of both parties is governed by the terms of this current license agreement, which supersedes all earlier versions.
Termination of License. Unauthorized copying of the Software (alone or merged with other software) or the accompanying materials, or failure to comply with the restrictions in the License Agreement automatically terminates this License Agreement. Upon termination of the license, you must remove the Software from all computers on which it is installed, and destroy or return to Apian the Software, accompanying materials, and any copies made by you.
Limited Warranty and Disclaimer. Apian Software, Inc. warrants the media on which the Software is furnished to be free of defects in material and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. If any media does not conform to this limited warranty, your exclusive remedy is replacement of the media or, if Apian is unable to deliver replacement media, refund of the purchase price and termination of the License Agreement.
NO OTHER WARRANTIES. EXCEPT FOR THE ABOVE WARRANTY, THE SOFTWARE AND ACCOMPYING MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH APIAN SOFTWARE, INC., OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APIAN SOFTWARE, INC., DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTRRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APIAN SOFTWARE, INC., SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF APIAN SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN EVERY CASE, APIAN SOFTWARE, INC.'S MAXIMUM LIABILITY UNDER ANY PROVISION OF THE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR USD $5.00, WHICHEVER IS GREATER.
General. This agreement will be governed by the laws of the State of Washington. Any suit regarding this License shall be brought only in King County, Washington. This Agreement is the entire agreement between us and supersedes any other communications with respect to the Software and accompanying materials. If any provision of this Agreement is held unenforceable, the remainder of this agreement shall continue in full force and effect.
U.S. Government Restricted Rights. Government Use. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this License Agreement and shall be prohibited except to the extent expressly permitted by the terms of the License Agreement.
If you have any questions, please contact the manufacturer in writing: Apian Software, Inc., 200 NE PAcifi Street, Suite 100, Seattle, WA 98105.