SAS/C OnlineDocÔ License Agreement
Important: Read the following terms and conditions carefully before using SAS/C OnlineDoc Software.Using SAS/C OnlineDoc (or authorizing any other person to do so) indicates Licensee’s acceptance of these terms and conditions. If Licensee does not agree to the terms and conditions of this License Agreement, return SAS/C OnlineDoc to SAS Institute Inc. If Licensee paid for its copy of SAS/C OnlineDoc, Licensee will be entitled to a full refund of that payment by returning proof of payment for the copy of SAS/C OnlineDoc within thirty (30) days from the date of purchase. If Licensee received its copy of SAS/C OnlineDoc at no charge as part of the annual license for SAS/CÒ Software, then Licensee will not be entitled to a refund because no payment was made for SAS/C OnlineDoc.
In this license agreement ("Agreement"), you, the purchaser and end-user of the license rights granted by this Agreement, are referred to as "Licensee". Subject to the terms and conditions set forth below, SAS Institute Inc. ("Institute") hereby grants to Licensee a non-exclusive, non-transferable license to use the computer program ("Program") and the documentation ("Documentation"). The Program and the Documentation are collectively referred to as "SAS/C OnlineDoc". The Program is supplied to Licensee in object code form only.
The use of and access to SAS/C OnlineDoc shall be made only by persons authorized to use the related SAS/C software ("Users"). Licensee shall use SAS/C OnlineDoc only for its own internal business use. The Institute provides a single copy of SAS/C OnlineDoc to Licensee. Licensee may: (1) copy and use SAS/C OnlineDoc in the same manner and to the same extent as Licensee is authorized to copy and use the related SAS/C software and/or (2) copy SAS/C OnlineDoc to a single hard disk of computer hardware that is owned or controlled by Licensee for use over the Licensee’s internal network. Licensee must retain the original media containing SAS/C OnlineDoc during the term of this Agreement. Licensee may not duplicate the original media containing SAS/C OnlineDoc except as necessary for backup purposes. Licensee shall not: (1) modify SAS/C OnlineDoc or (2) translate, decompile, create or attempt to create, by reverse engineering or otherwise, the source code, which is a trade secret of the Institute, from the object code supplied hereunder or (3) adapt the Program in any way or use it to create a derivative work. In such event, this Agreement shall be deemed terminated and all warranties and other obligations of Institute shall be deemed revoked by Institute and waived by Licensee.
Licensee may print portions or all of the Documentation. Users may duplicate such printed Documentation only for internal use. Licensee agrees to ensure that all printed or duplicated copies of the Documentation contain the Institute’s copyright notices. Licensee and Users may not sell such printed or duplicated copies of the Documentation.
Licensee may terminate this Agreement at any time. Institute may terminate this Agreement if Licensee breaches any of the terms and conditions of this Agreement or breaches any of the terms and conditions of its software license for SAS/C software. Upon termination of this Agreement for any reason, Licensee shall destroy all copies of SAS/C OnlineDoc and return the original copy of SAS/C OnlineDoc to Institute. All provisions of this Agreement relating to confidentiality, proprietary rights, disclaimers of warranties, and limitation of liability, remedies or damages shall survive termination.
Title to SAS/C OnlineDoc shall be the sole and exclusive property of Institute or its Licensors. Licensee shall not sell, transfer, publish (except as specifically set forth herein), rent, lease, loan or otherwise make available any portion of SAS/C OnlineDoc to others or export (except as specifically set forth herein) SAS/C OnlineDoc. Licensee agrees to secure and protect SAS/C OnlineDoc in a manner consistent with the maintenance of Institute’s rights therein and to take appropriate action by instruction or agreement with all persons who are permitted access to SAS/C OnlineDoc to satisfy its obligations hereunder.
Institute warrants that the media on which SAS/C OnlineDoc is furnished will be free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of delivery of SAS/C OnlineDoc. Licensee’s exclusive remedy for breach of this warranty shall be replacement of the defective media by the Institute. Institute and its licensors disclaim all other warranties, express or implied, including, but not limited to, any implied warranties of merchantability and/or fitness for a particular purpose whether alleged to arise by law, by reason of custom or usage in the trade, or by course of dealing. Because some jurisdictions do not allow the waiver or exclusion of implied warranties, the limitations in this Section 6 may not be wholly enforceable.
Institute and its licensors shall have no liability with respect to their obligations under this Agreement or otherwise for special, incidental, consequential, punitive or exemplary damages even if advised of the possibility of such damages. In no event shall Institute’s and its licensor’s liability for all reasons and upon all causes of action in the aggregate exceed the lesser of (1) the fees paid by Licensee to the Institute under this Agreement or (2) the then-current retail price of SAS/C OnlineDoc. Because some jurisdictions do not allow the limitation of liability for incidental or consequential damages, the limitation in this Section 7 may not be wholly enforceable.
Use, duplication or disclosure of SAS/C OnlineDoc by the U.S. Government is subject to this license and the restrictions as set forth in FAR 52.227-19, Commercial Computer Software - Restricted Rights (June 1987).
9. Export Restrictions
Licensee may not download or otherwise export or reexport the SAS/C OnlineDoc or any underlying information or technology except in full compliance with all laws and regulations of the United States of America and in full compliance with any other applicable laws and regulations. By accepting this Agreement and installing SAS/C OnlineDoc, Licensee is agreeing to the foregoing. Licensee also affirms that Licensee is a lawfully admitted permanent resident of and located in a country to which the United States permits Institute to send SAS/C OnlineDoc. Licensee further affirms that Licensee is a party to whom the United States allows the Institute to license SAS/C OnlineDoc, and Licensee is not on any United States Government list of parties to whom the Institute may not license SAS/C OnlineDoc, and Licensee will not allow any such party to access SAS/C OnlineDoc. Currently, the United States prohibits exports of SAS/C OnlineDoc to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. This list of countries may change in the future and may differ for other products Institute provides. The current list of parties to whom the Institute may not license SAS/C OnlineDoc includes but is not limited to parties who are involved in terrorism or who will use SAS/C OnlineDoc for design, development, or production of nuclear, chemical, or biological weapons, or missiles.
This Agreement and any invoices relating to SAS/C OnlineDoc constitute the complete agreement between Licensee and Institute about SAS/C OnlineDoc and supersede any purchase order, communications, or representations regarding SAS/C OnlineDoc. If any provision of this Agreement shall be unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the enforceability of the remaining provisions. Any additions or modifications must be approved in writing signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This Agreement is governed by the laws of the United States of America and the State of North Carolina.
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