End user agreement for Comprehensive Affect Testing System
FREE USE LICENSE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF PSYCHOLOGY SOFTWARE PRODUCTS, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of the software package with which this Agreement is included. Different license terms may apply to other software packages or other materials from Psychology Software Inc. (PSI), and license terms for later versions of may also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received this software in the form of an original distribution package as distributed by PSI, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages are available from ASP-authorized PSI distributors. Copies not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
(b) You may, free of charge:
· install and use this software free of charge, for the purpose of evaluating it for possible purchase.
· copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package to others, as long as it is deemed current by PSI.
"Proper use" of this software is use of the PSI program fully in accordance with ASP guidelines, as such guidelines may be changed, clarified or corrected by ASP from time to time. If you have any questions as to proper use of this program, or other guidelines regarding use of the terms "PAD" or "Portable Application Description", you may contact ASP via the contact information included in this Original Distribution Package.
(c) You may not:
· permit others to use this program unless they are properly licensed by PSI, either under this Agreement or another agreement from PSI.
· modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this program.
· copy this software except as described above.
· sell or license copies of this software to others.
· remove any proprietary notices or labels on this software or any other ASP software.
(d) All rights not expressly granted by ASP in this Agreement are entirely and exclusively reserved to ASP.
3. DISCLAIMER OF WARRANTY. PSI DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THIS SOFTWARE BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING PSI AND DISTRIBUTING FILES CREATED THROUGH USE OF THIS SOFTWARE, AND THAT IF YOU USE IT IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
4. LIMITATION OF LIABILITY. IN NO EVENT SHALL PSI, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE, FILES CREATED USING THIS SOFTWARE, OR YOUR RELATIONSHIP WITH PSI. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
5. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
6. TITLE. PSI or its licensors own this software, all other materials in this Original Distribution Package, under the copyright, trademark, and trade secret laws and all other laws that may apply.
7. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the software and all other materials in this Original Distribution Package and, at PSI's sole discretion, any or all of the files created by you using this software and distributed to others.
8. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and PSI. Waiver by PSI of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision.
This Agreement and any dispute relating to PSI or to this Agreement shall be governed by the laws of the United States and the laws of the State of Florida, without regard to U.S. or Florida choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to PSI or the matters in this Agreement shall be exclusively in courts located in Florida. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by PSI herein.