End user agreement for SurveyMiner
SurveyMiner® Software License Agreement
By downloading any files on this website, you are agreeing to the terms of the license agreement below.
End User License Agreement
SurveyMiner, the software program you are considering downloading, is copyrighted © 2008 by Grimmer Technologies. All rights are reserved and retained by Grimmer Technologies.
This license agreement is a legal document and contract. Please read it carefully
– it is a typical “shareware” license. SurveyMiner does not contain any adware or spyware
– it is a program that extends the built-in functionality of Microsoft Excel.
For the purposes of this License Agreement, “Software” and “Software Product" refer to the computer software SurveyMiner and associated media, printed materials, and “online” or electronic documentation, including any and all executable files, tutorials, help files, and other files that are available for download or viewing on this website. SurveyMiner is owned by Grimmer Technologies, and is protected by international copyright treaties, and all other applicable national laws. Title, ownership rights, and intellectual property rights in and to the software shall remain with Grimmer Technologies. By downloading SurveyMiner, you are being given a single license to use the software.
2. Grant of License
(i) Installation and Use. You may install and use a copy of the Software that you have personally downloaded from the SurveyMiner web site on a single computer. The Software may be installed on multiple computers from a single download in an educational computer lab provided that the restrictions listed in sections three and four below are adhered to.
(ii) Reproduction and Distribution. You may not reproduce or distribute the Software in any manner. If you need to obtain another copy of the Software, visit the SurveyMiner website. No copy of the Software shall be offered for resale, rent, lease or disclosed to any third party for any reason. You may not reproduce, distribute, publicly perform or publicly display the Software except as expressly permitted under Section 1, and you may not create derivative works of the Software.
Distribution of SurveyMiner is expressly forbidden without the written permission of Grimmer Technologies. All copies of SurveyMiner must be downloaded from the website, and this agreement must be accepted to use the Software each time. You are specifically prohibited from charging or requesting donations for SurveyMiner, and from distributing the Software and/or documentation with other products (commercial or otherwise) without prior written permission. Use the contact form.
4. Description of other limitations
The license to use the Software and related files and documentation are subject to the following limitations:
(i) You may not reverse engineer, decompile, translate the Software, disassemble the Software, or otherwise attempt to derive the source code of the Software except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity. If applicable law permits such activities, any information so discovered must be promptly disclosed to Grimmer Technologies and shall be deemed to be the confidential proprietary information of Grimmer Technologies.
(ii) Separation of Components. The Software, documentation, and related files are licensed as a single product. Its component parts may not be separated for use on more than one computer except for the purpose of execution of the Software on your computer network, and only during the time such execution is underway. (iv) Software Transfer. You may not transfer any of its rights under this Agreement. (v) Confidentiality. You may not in whole or in part disclose the Software to any third party. (vi) Use of email address. You are expected to provide a valid email address when you download SurveyMiner or any other related files. This email address will be used for research purposes only by Tim Poynton.
All title and copyrights in and to the Software, any accompanying files and any copies of the Software are owned by Grimmer Technologies. The Software is protected by copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content.
6. Technical Support
For the Standard Edition and the Pro Edition, registered users of the Software are entitled to Grimmer Technologies's standard support services. For the demo version, users may contact Grimmer Technologies for support but with no guaranty to benefit from Grimmer Technologies's standard support services.
7. Disclaimer of Warranty and Limitation of Liability
THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GRIMMER TECHNOLOGIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GRIMMER TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT NOT LIMITED TO, COST PROFITS OR REVENUE, LOSS OF USE OF THE UTILITY, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING SOFTWARE, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS.
8. Term and termination. This Agreement shall continue until terminated. You may terminate the Agreement at any time by deleting all copies of the Software. This license terminates automatically if you violate any terms of the Agreement. Upon termination you must promptly delete all copies of the Software.
9. Contracting parties. If the Software is installed on computers owned by a corporation or other legal entity, then this Agreement is formed by and between Grimmer Technologies and such entity. The individual executing this Agreement represents and warrants to Grimmer Technologies that they have the authority to bind such entity to the terms and conditions of this Agreement.
You agree to defend and indemnify Grimmer Technologies against all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which Grimmer Technologies may incur in connection with your breach of this Agreement.
The Software is a "commercial item." This Agreement is governed and interpreted in accordance with the laws of the Court of Paris, France, without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any claim arising out of or related to this Agreement must be brought exclusively in a court located in PARIS, FRANCE, and you consent to the jurisdiction of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. This Agreement is the entire and exclusive agreement between Grimmer Technologies and you with respect to the Software and supersedes all prior agreements (whether written or oral) and other communications between Grimmer Technologies and you with respect to the Software.
COPYRIGHT (c) 2008 BY Grimmer Technologies, Paris, FRANCE. ALL RIGHTS RESERVED.
SurveyMiner(r) IS A REGISTERED TRADEMARK OF Grimmer Technologies.
Paris, FRANCE, June 2008