Fair End-User Software License Agreement

Version 1.2

PREAMBLE

Please read this agreement carefully.

In plain English, the general intent and spirit of this license is to state that when you purchase this software, you are licensing it, that it does not contain spyware or viruses, that you may use the software but not resell or redistribute it, that you use it at your own risk, that we have made reasonable measures to ensure the data saved is correct and accurate, and that refunds are available if and only if this software does not work as described and the problem cannot be fixed.

You may not publish results or data found with unlicensed copies of any Experimentor Software or with the student versions of Experimentor Software.

Data will be collected about any application runs and/or crashes and will be sent to Experimentor (through a trusted 3rd party called “Gibraltar Software”) to simplify error analysis.

Please note that your program text may be included in the log information sent to Advisor Briefcase Inc. if the program causes the parser to crash (because we would like to fix the parser so that it does not crash and your program can hopefully run).

This agreement applies to the Experimentor software.

LICENSE AGREEMENT

  1. This License Agreement (the “Agreement”) is a legal agreement between you and Advisor Briefcase Inc. (Box 404, Straffordville Ontario Canada, N0J 1Y0).  This Agreement governs your use of the Experimentor software.  By clicking the “I accept” button, copying, installing or using the software, you are agreeing to be bound by all the terms of this Agreement.  If you do not agree, click “I decline” and do not use the software, and immediately uninstall and remove all copies and return the product within 30 days of your initial purchase for a full refund.
  2. You agree that your use of the software acknowledges that you have read this Agreement, that you understand it, and that you agree to be bound by its terms and conditions.  This Agreement gives you certain rights as a user of the software only.  The software is licensed, not sold.  Advisor Briefcase Inc. continues to own the copy of the software and all copies thereof.
  3. We grant you one license to install and use this software on a single computer at a time for each license purchased.  You (and not others) may install and use the software on other computers, but the software should not be in use on more than one computer at a time unless you purchase additional licenses.  You may make back-up copies of the software for archival purposes. You may permanently transfer your license to use the software to another party who will be bound by this agreement, provided you do not retain any copies of the software.  In the event of a change of licensor, we require that you notify us, so we are aware of the change.
  4. The software is protected by the copyright laws of Canada, the U.S. and other countries, and we retain all intellectual property rights in the software.  You may not separately publish, sell, market, distribute, lend, lease, rent, or sublicense the software.  However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law, such as permitted library and classroom usage. 
  5. You are not permitted to reverse-engineer, disassemble, decompile, “unlock”, decode or otherwise reverse translate, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the Software.  You are permitted to examine the financial output of the software to understand and verify the mathematics used for financial calculations.

LIMITED WARRANTY

  1. We warrant that the software will provide the features and functions generally described in the product specification on our website when you purchased it and in the product documentation.
  2. We have taken all reasonable steps to keep the software free of viruses, spyware, ‘back door’ entrances, or any other harmful code.  We will not intentionally deprive you of your ability to access your data, unless you are using a BETA or pre-release version of the software which will stop working after the BETA or pre-release period ends.  Certain software features may stop working after the trial period unless you purchase a paid subscription.
  3. We do not warrant that the software or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.

LIMITATIONS ON LIABILITY

  1. Your exclusive remedy under the above limited warranty shall be, at our option, either a refund of the current month’s subscription price or correction of the defective software.  To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this license agreement.  Nothing in this agreement limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.

TERMINATION

  1. The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this Agreement, including the payment of applicable license or other fees.  You may terminate this Agreement at any time (with no obligation on the part of Advisor Briefcase Inc.) by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software and documentation; and providing satisfactory proof to Advisor Briefcase Inc. that you have done so.
  2. After termination, all of the provisions of this Agreement respecting intellectual property, ownership of the Software, disclaimer of warranty, limitations on liability, and injunctions (especially against reverse engineering) shall survive and continue in force in accordance with their terms despite the termination of this Agreement.

GENERAL PROVISIONS

  1. The software may automatically check for and download updates to the software, including new features, bug fixes, updated financial data and updated legal terms.  This software will not download or install any third party software for any reason without confirmation from you.
  2. The software will send usage information and/or crash information to our servers.  The information sent to our servers will include basic information about your computer (such as your operating system and how much RAM is installed) and your license code.  This information is treated as highly confidential and is used only to fix bugs and generally improve the software.
  3. If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect.  This agreement does not prejudice the statutory rights of any party dealing as a consumer.
  4. This agreement (including the warranty above) and the terms for updates, Internet-based services and support services that you use, are the entire agreement for the Software and support services.
  5. This agreement will be governed by the laws of Ontario, Canada.