License agreement

Please refer to the section below that applies to your purchase agreement:

 

I. SAWTOOTH SOFTWARE STANDARD LICENSE

II. SAWTOOTH SOFTWARE CORPORATE ANNUAL SUBSCRIPTION LICENSE


I. SAWTOOTH SOFTWARE STANDARD LICENSE

Between USER and Sawtooth Software, Inc. ("SSI"), a Washington Corporation. The User and SSI agree as follows:

1. DEFINITIONS

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 and *.pm 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.

2. LICENSE

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.

For Academic Lab License installations, use of this software is restricted to non-commercial academic research projects for which no compensation is received. Students using this software must be enrolled in the accredited academic institution to which the software is licensed at the time of use. Faculty of the licensed institution may use the lab license for non-commercial academic research projects subject to the license limitations. The software may be installed on individual's computers and in school computer labs.

3. REGISTRATION

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.

4. FEE

The license/upgrade fee is payable upon receipt of the software.

5. REPRODUCTION

The User may copy the Software in accordance with Section 2.

6. TERMINATION

SSI may terminate the License if the User violates this Agreement. The User agrees to return all copies of the Software and manuals upon termination.

7. WARRANTY

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.

SSI agrees to refund the purchase price and terminate the License at the User's request if the Software and manuals are returned 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. 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.

 

II. SAWTOOTH SOFTWARE CORPORATE ANNUAL SUBSCRIPTION LICENSE

Agreement between USER and Sawtooth Software, Inc. ("SSI"), a Washington Corporation.

The Licensed Organization and SSI agree as follows:

1. DEFINITIONS

a. "Software" means this software system as marketed by SSI which includes the following products: CiW – Unlimited, CBC Web with the Advanced Design Module, CBC/HB, CBC/Latent Class, Adaptive Choice-Based Conjoint (ACBC), ACA/Web-30, ACA/HB, CVA/Web, CVA/HB, MaxDiff/Web-500, Advanced Simulation Module, HB-Reg, CCEA. All other products and services (e.g. hosting, online simulator subscriptions, consulting) are not included

b. "Perl Source Code" means the programming instructions written using the Perl programming language contained in the *.pl and *.pm 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. "Licensed Organization" is the organization to whom this license is being granted and with whom this agreement is being made.

e. "User" means an individual at the licensed organization using the software.

f. "Licensed Period" is the duration of this agreement which is defined as one year.

2. LICENSE

SSI grants the Licensed Organization a License to use the Software for a period of one year for up to 10 simultaneous Users. The User must not permit non-licensed individuals to use the Software. The User may, however, make Internet Server Installations on third party servers for collection and reporting of survey data.

The Licensed Organization can download any Software upgrades/updates/fixes released during the License Period.

Sawtooth Software will notify the Licensed Organization of an impending expiration of the license prior to the end of the Licensed Period (within 30 days prior to expiration). The Software will cease operating at the end of the Licensed Period unless the license is renewed. If the license is not renewed (terminated), the Licensed Organization agrees to cease use of the Software at the end of the Licensed Period and remove, uninstall, and delete all copies of the Software (covered under this agreement) from their computer systems.

Any residual work created with the software, remains the property of the Licensed Organization.

At the end of the Licensed Period, Sawtooth Software, Inc. may modify the license agreement with regard to the included products described as "Software", cease to offer this Corporate License, or change the renewal price. The Licensed Organization will be informed of any changes at least 60 days prior to license renewal.

Licenses are transferable between Users within the User’s organization. When licenses are transferred, the new User must 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.

3. REGISTRATION

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.

4. FEE

The license fee is payable upon receipt of the software. Such fee has no residual value and is not refundable and cannot be applied towards the purchase of other products or services. There is no conversion option for upgrading to full licenses of the products.

5. REPRODUCTION

The User may copy the Software in accordance with Section 2.

6. TERMINATION

SSI may terminate the License if the User violates this Agreement. The User agrees to return all copies of the Software and manuals upon termination.

7. WARRANTY

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.

SSI agrees to refund the purchase price and terminate the License at the User's request if the Software and manuals are returned 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. SUPPORT

Technical support for the Software is provided for all Users via telephone or online for the Licensed Period.

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.