NOTICE: This is a contract. By installing this Software you accept all the terms and conditions of this Agreement.
This Vanderbilt University ("Vanderbilt") End User License Agreement ("Agreement") accompanies the "Demonstration Version of the MOOSES Observational Software" ("Software"). The term "Software" shall include any upgrades, modified versions, or updates of the Software licensed to you by Vanderbilt. Please read this Agreement carefully. At the end you will be asked to accept this Agreement, provide all pertinent individual/company contact information, and be permitted to download the Software. Or, if you do not wish to accept the terms and conditions of this Agreement, to decline this Agreement, in which case you will not be permitted to download the Software.
Upon your acceptance of this Agreement, Vanderbilt grants to you a free of charge, nonexclusive license to use the Software, provided that you agree to the following:
1.0 Use of the Software.
1.1 You may download the Software and install it on a hard disk or other storage device. You may not use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network. You may not make backup copies of the Software.
1.2 You may not make and distribute any copies of the Software. You may not sell the Software.
1.3 You may not modify the Software, change it, and otherwise improve it for your own use.
1.4 Use of the Software is for evaluation purposes only, to aid the Licensee in the decision of purchasing the Vanderbilt Procoder Observational Software.
2.0 Copyright and Trademark Rights.
This Software is owned by Vanderbilt, and its structure, organization, and code are the valuable trade secrets of Vanderbilt. The Software is also protected by United States Copyright Law and International Treaty provisions. You may not use the registered or unregistered trademarks of Vanderbilt. This Agreement does not grant you any rights in the Software or in the registered or unregistered trademarks of Vanderbilt.
3.0 Restrictions.
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
4.0 No Warranty.
The Software is being delivered to you AS IS and Vanderbilt makes no warranty as to its use or performance. VANDERBILT DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. VANDERBILT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL VANDERBILT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A VANDERBILT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY.
5.0 Governing Law and General Provisions.
This Agreement shall be governed by the laws of the State of Tennessee, U.S.A., excluding the application of its conflicts of law rules. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software shall not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms and conditions, or for providing false information. This Agreement may only be modified in writing and signed by an authorized officer of Vanderbilt.