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License agreement |
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To install Prism, or the Prism Demo, you must agree to this license: GraphPad Software, Inc. (also referred to as "we", "us" or "GraphPad) has created Windows and Macintosh versions of GraphPad Prism, GraphPad InStat, and GraphPad StatMate (herein referred to as "the Software"). The Software is licensed, not sold, and you must purchase separate licenses for each program and each platform. USE OF AN INDIVIDUAL LICENSE. You may install one copy of the Software on any single computer. If that computer is used exclusively by you and not shared with others, then you may also install the Software on a second computer, also used exclusively by you. USE OF A NETWORK LICENSE. You may install one copy of the Software on a network server, and ensure that the number of PC's that access the Software at any one time does not exceed the maximum number of simultaneous users specified on you license. All network users must be located at one physical site. USE OF A DEMO VERSION. You may use the Software for a period of 30 days from the date that you first install it. Once this 30-day period has expired, you must either purchase a permanent license to use the Software, or promptly destroy all copies of the Software in your possession. USE OF PRIOR VERSIONS IF YOU UPGRADED. If you purchased your license as an upgrade from a prior version, you may run the prior version on the same computer you installed the Software. You may not transfer your prior version license to anyone else. If you have a network license, you must ensure that the maximum number of users simultaneously accessing any version of the Software does not exceed the number of simultaneous users specified on you license. MONEY-BACK GUARANTEE. If you are not satisfied with the Software, and you purchased it directly from GraphPad, you may return it within ninety days for a full refund (excluding shipping charges). If you purchased the software from a third party, contact that party regarding returns. NO WARRANTY. The software and services offered by us are provided on an “as is” and” as available” basis without warranties of any kind, express, implied or statutory, including but not limited to, the implied warranties of title and fitness for a particular purpose. Computer programs are inherently complex, and the Software may not be free of errors. We do not warrant that the Software will be uninterrupted, timely, reliable, secure or error-free and expressly disclaim any warranties as to the materials contained therein, or the goods or services offered by us. If this disclaimer is not allowed, GraphPad's liability shall be limited to refunding the purchase price. No oral or written information or advice given by GraphPad, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice. LIMITED LIABILITY. In no event will we be liable to you for any damages beyond refunding the purchase price. Neither GraphPad, its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, nor anyone else who has been involved in the creation, production or delivery of any materials provided by GraphPad software, including but not limited to this software, shall be liable for any indirect, consequential, incidental or punitive damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use such materials, even if GraphPad has been advised of the possibility of such damages. RESTRICTIONS. You may not use the Software in medical diagnosis or treatment, or in applications or systems where the Software's failure to perform can reasonably be expected to result in significant physical injury, property damage, or loss of life. You may not translate, reverse engineer, decompile, modify, disassemble, or create derivative works derived from the Software. You may not install, use, distribute or copy the Software (or its serial number) except as expressly permitted in this License BACKUP COPY. You may make one copy of the Software for back-up and archival purposes only. ASSIGNMENT. You may assign your license to another person or legal entity (the “Assignee”), provided that prior to such assignment, the Assignee undertakes in writing to be bound by your obligations under this Agreement, and you transfer to the Assignee all of your copies of the Software (including electronic copies stored on computer disks or drives), including all copies of updates and prior versions of the Software. You may not rent or lease the Software to someone else. INTELLECTUAL PROPERTY. You acknowledge that you have only the limited, non-exclusive right to use the Software as expressly stated in this license and that GraphPad retains title to the Software and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark, patent or other proprietary notices that appear, on, in or with the Software. The Software is protected by United States copyright, and trademark laws and international treaty provision. UPGRADES. GraphPad may, but is not obligated to, upgrade the software from time to time. If an upgrade is issued in less than three months from the date of purchase, you will be eligible to receive the upgrade at no charge. After that period, you will have an opportunity, but not an obligation, to purchase the upgraded software. TERMINATION. This license terminates if you fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the Software. The Limitations of Warranties and Liability set out above shall continue in force even after any termination. ENTIRE AGREEMENT. This License is the entire agreement between you and GraphPad, and there are no other agreements, express or implied. CHOICE OF LAW. This License shall be governed by the laws of the State of California as if between residents of said state. SEVERABILITY. If any provision of this License is held to be invalid, illegal, or unenforceable, it will be construed to have the broadest interpretation that would make it valid and enforceable. Invalidity of one provision will not affect the other provisions. ACKNOWLEDGEMENT. Use of the Software affirms that you have read and understood this agreement, and agree to be bound by its contents. |