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SAS® OnDemand for Professionals

License Agreement

In addition to the information sharing authorized by the SAS Privacy Policy, SAS hereby notifies you that personal information collected from you during registration may be used by SAS for technical support purposes and to otherwise perform the Service described herein. You authorize the transmission of your personal information to SAS in the United States. SAS stores and processes such information on computers located in the United States that are protected by reasonable physical and technological security safeguards. SAS does not sell or rent such personal information to third parties for marketing purposes without your consent, and it uses the information only as described in SAS' Privacy Statement. If you object to your personal information being transferred or used in this way, please click the "Decline" button and contact SAS directly. By completing your purchase and registration, you consent to receive e-mails from SAS that relate to the Service and Software, regarding, without limitation, technical support, system outage notices, product updates/upgrades, and other communications which SAS deems necessary or appropriate for your use of the Service and Software. The terms and conditions contained herein apply to the Service and Software, both defined below.

Important: Please carefully read the terms and conditions of this License Agreement ("Agreement") before clicking on the "Accept" button. By clicking on the "Accept" button, you represent and warrant that you agree to the terms of this Agreement and SAS will authorize you to download, use and/or access the Software and Service licensed hereunder. If you do not agree to all of the terms herein, click the "Decline" button and your registration process will be terminated. This license supersedes and replaces any prior license agreements for the Software and Service. If you wish to obtain an executable version of this Agreement in lieu of this online version, please click the "Decline" button and contact SAS directly.

  1. Description of the Service; License Grant; Authorized Use. SAS Institute Inc. ("SAS") maintains a platform that allows you to access an application composed of certain SAS proprietary products, including software and technology and other content contained therein (collectively the "Service"). SAS grants you a nonexclusive, nontransferable and nonassignable license to access and use the Service. You acknowledge that the features, content and other aspects of the Service may change from time to time. SAS grants you a nonexclusive, nontransferable and nonassignable license to use the software products identified in your registration process, including any updates provided by SAS (collectively "Software") solely in connection with the Service. The Software and Service may be used and accessed solely by you for preparation for SAS Certification Exam(s) and professional growth ("Education Purposes") and only in accordance with the terms of this Agreement. You are prohibited from using the Software and Service for research or commercial activities. You may not use the Software and Service in any outsourcing, facilities management or service bureau arrangement or any data or information technology management operation by or for third parties, or for your business operations or administrative processes.

    The license term shall be for that period of time specified in the registration and is renewable upon completion of the registration and payment process for the license term and receipt of a new Order Number and Activation Code from SAS, provided that you continue to download, install and/or access the most current versions of the Software. The terms of this Agreement apply to any subsequent renewal periods. Any Software accessed under this Agreement may only be installed on a personal computer or laptop and may only be accessed by you. You do not have the right to download, share, or copy SAS software files.

  2. Activation Code, Order Number and SAS Installation Key; User ID and Password. You may only access Software and Service for which you receive an Activation Code, Order Number, SAS Installation Key, User ID and Password (collectively "Authorization Codes"). The Authorization Codes will enable you to access and use the Software and Service during the license term. SAS is not required to provide the Authorization Codes if you are in breach of this Agreement. SAS is not liable for damages caused by the resulting Software or Service interruption. You acknowledge and agree that the Authorization Codes are SAS' confidential and proprietary information. You shall not share the Authorization Codes or allow any other person to have access to the Software, the Service or your Authorization Codes. You shall notify SAS immediately upon becoming aware of any loss or theft of your Authorization Codes or any unauthorized use of the Authorization Codes, Service or the Software. SAS will not be liable for any loss that you may incur as a result of someone else using your Authorization Codes, either with or without your knowledge.

  3. Title; Source Code. Title to the Software and its documentation and all aspects of the Service remain with SAS and its licensors at all times. Copyright notices and other proprietary rights notices in the Software shall not be deleted or modified. This Agreement does not transfer any ownership rights. Source code from which the Software object code is derived ("Source Code") is not being provided and is a trade secret of SAS and SAS' licensors to which access is not authorized. You shall not, directly or indirectly, be authorized to access, reverse engineer, modify, reverse assemble or decompile the Software, or any software or Source Code corresponding to any software embedded in or accessible in the Service, or otherwise in any way attempt to derive or recreate any Source Code or other trade secrets of SAS or its licensors, except and only to the extent applicable laws specifically prohibit such restriction. From time to time, SAS may request feedback relating to the Software and Service. You agree to provide such feedback and all such feedback from you to SAS, whether oral, written or electronic, and any ideas, concepts, know-how, techniques, formulas, designs, improvements, inventions, techniques or processes contained therein, whether or not patentable, may be freely used by SAS in any way, without obligation of additional consideration.

  4. Current Software Versions. If SAS provides Software for you to download or access, you may be periodically provided with updates or more current versions of the Software, which you must install or the Software will cease to have the ability to process data and produce results. SAS shall not be liable for any failure by you to install more current versions, updates or for any resulting damages.

  5. Your Representations, Warranties and Additional Obligations. You shall not provide SAS with any social security numbers or any other personally identifiable information, unless in an obfuscated form, or as required for registration. You agree to comply with such usage rules as are provided to you and updated by SAS from time to time.

    You represent and warrant that (i) you have the legal right to enter into this Agreement and perform your obligations hereunder, and (ii) the performance of your obligations and your use of the Software and Service provided by SAS to you hereunder will not violate any applicable laws or regulations or cause breach of any agreements with any third parties.

    You represent and warrant to SAS that (a) you will use the Software and Service only in accordance with the uses authorized under this Agreement; and (b) you will not introduce any software viruses, any harmful information, files or data or other unauthorized information, files or data into SAS, the Software or Service or otherwise.

    You will not use the Software or Service to do any of the following: send unsolicited marketing material or communications in any form (commonly referred to as "SPAM"); engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information protected as trade secret information in violation of a duty of confidentiality; engage in any activities or actions that would violate the personal privacy rights of others, except as permitted by applicable law; send or transmit harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto; intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses; engage in any activities or actions intended to misuse or abuse your Authorization Codes or any confidential information; use the Service or any SAS Software for any illegal purposes, in violation of any applicable laws or regulations; or assist or permit any person in engaging in any of the activities described above. If you become aware of any prohibited activities described in this Section, you will use your best efforts to remedy such activities immediately.

  6. DISCLAIMER OF WARRANTY. THE SERVICE AND SOFTWARE ARE MADE AVAILABLE TO YOU BY SAS AND ITS LICENSORS "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING AS A RESULT OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. SAS MAKES NO WARRANTY THAT THE SERVICE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR THAT ANY DATA TRANSMISSIONS TO, FROM OR THROUGH THE SERVICE WILL BE COMPLETELY SECURE.

    Some jurisdictions do not allow exclusions of warranties, so certain provisions of this section may not apply to you; however, they apply to the greatest extent permitted by applicable law.

    6.1 Disclaimer of Actions Caused by, or Under the Control of, Third Parties.     You are solely responsible for arranging appropriate connection to the Internet and all related costs for providing the necessary computer and other electronic equipment to access and use the Software and Service. SAS does not guarantee that the Software or Service will meet your requirements or that the Software or Service will be uninterrupted or error-free.

  7. Exclusions of Damages; Limitation of Liability. SAS AND ITS LICENSORS DISCLAIM ANY LIABILITY CONNECTED WITH USE OF THE SERVICE AND SOFTWARE. NEITHER SAS, NOR SAS' LICENSORS ARE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR RELIANCE DAMAGES (ARISING IN TORT, CONTRACT OR OTHERWISE), EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY CLAIM RLEATING TO MATTERS COVERED BY THIS AGREEMENT IS LIMITED TO THE FEES PAID FOR THE SERVICE DURING THE RELEVANT LICENSE PERIOD. THE PARTIES MAKE THESE EXCLUSIONS IN CONSIDERATION OF THE FEES PAID AND LICENSES GRANTED UNDER THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN PROVISIONS OF THIS SUBSECTION MAY NOT APPLY TO YOU; HOWEVER, THEY APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  8. Technical Support. SAS does not provide direct technical support in relation to the Software or Service. To receive limited technical support send e-mail to ondemandprofessionals@sas.com. This mailbox is monitored Monday through Friday, 9:00am to 5:00pm EST.

  9. Termination; Expiration. SAS may terminate this Agreement immediately and discontinue your access to the Software or Service for any violation by you of SAS' intellectual property rights, for any breach of this Agreement or any other reason at SAS' sole discretion. SAS will not be liable for any interruption in usage, data or the Content if access is terminated. SAS will not be obligated to refund any fees to you in the event of any early termination. Obligations in this Agreement that by their nature are continuing will survive termination or expiration. Upon termination or expiration of the Software license hereunder, you agree to de-install, delete and destroy the Software, along with any related user documentation.

  10. Governing Law; Export and Import Restrictions. The laws of North Carolina, excluding choice of law provisions, govern the Agreement. United States export laws and regulations apply to the Software. You may not download or otherwise export, reexport, import, or distribute the Software or any underlying information or technology except in full compliance with all laws and regulations of the United States of America and with those of any other country that may apply to the Software. Export classification information for SAS Software is located at http://support.sas.com/adminservices/export.html. By accepting this Agreement, you agree to the foregoing and represent and warrant that (1) you are not a party to whom the United States of America prohibits access to the Software and (2) you are not located in, under control of, or a national or resident of any country to which export of the Software is restricted by laws of the United States of America or other applicable laws and regulations, and (3) you will not share the Software with a party identified in this paragraph. You also understand that countries other than the United States may restrict exports and imports and you agree to be solely responsible for compliance with any such import or use restriction which applies to the Software. You expressly agree to exclude from this Agreement the United Nations Convention on Contracts for the International Sale of Goods. Use, duplication or disclosure of the Software and related documentation by the U.S. Government is subject to restrictions as set forth in FAR 52.227-19, Commercial Computer Software - Restricted Rights (June 1987) and this Agreement.

  11. General.

    11.1 Severability. If a court of competent jurisdiction finds any part unenforceable, that part is excluded, but the remainder of this Agreement stays in full force and effect. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

    11.2 No Waiver. Failure to require compliance with a part of this Agreement is not a waiver of that part. Nothing in this subsection waives any remedy SAS may have under this Agreement at law, in equity, or otherwise.

    11.3 Non-assignment. You may not assign this Agreement or any of its rights or obligations hereunder without SAS' written permission, which permission will not be unreasonably withheld.

    11.4 Injunctive Relief. Breach of SAS' or SAS' licensors' intellectual property rights will lead to damages not adequately remedied by an award of money; therefore, SAS may protect those intellectual property rights through temporary restraining orders or injunctions, without the obligation of posting bond.

  12. Complete Agreement. This Agreement arising under it are the parties' complete and exclusive statement relating to its subject matter.