Econometric Software End User License Agreement
This is a contract between you and Econometric Software, Inc. The software product refers to the computer software and documentation as well as any upgrades, modified versions, copies or supplements supplied by Econometric Software. By installing, downloading, accessing or otherwise using the software product, you agree to be bound by the terms and conditions of this agreement.
Subject to the terms and conditions of this Agreement, Econometric Software, Inc. grants you a non-assignable, non-transferable license, without the right to sublicense, to use the licensed software and documentation in object-code form only, solely for your internal business, research, or educational purposes.
Copyright, Trademark, and Intellectual Property
This software product is copyrighted by, and all rights are reserved by Econometric Software, Inc. No part of this software product, either the software or the documentation, may be reproduced, distributed, downloaded, stored in a retrieval system, transmitted in any form or by any means, sold or transferred without prior written permission of Econometric Software. You may not, or permit any person, to: (i) modify, adapt, translate, or change the software product; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software product; (iii) sublicense, resell, rent, lease, distribute, commercialize, or otherwise transfer rights or usage to the software product; (iv) remove, modify, or obscure any copyright, registered trademark, or other proprietary notices; (v) embed the software product in any third-party applications; or (vi) make the software product, either the software or the documentation, available on any website.
LIMDEP® and NLOGIT® are registered trademarks of Econometric Software, Inc. The software product is licensed, not sold. Your possession, installation and use of the software product does not transfer to you any title and intellectual property rights, nor does this license grant you any rights in connection with software product registered trademarks.
Use of the Software Product
You have only the non-exclusive right to use this software product. A single user license is registered to one specific individual, and is not intended for access by multiple users on one machine, or for installation on a network or in a computer laboratory. For a single user license only, the registered single user may install the software on a primary stand alone computer and one home or portable secondary computer for his or her exclusive use. However, the software may not be used on the primary computer by another person while the secondary computer is in use. For a multi-user site license, the specific terms of the site license agreement apply for scope of use and installation.
Econometric Software warrants that the software product will perform substantially in accordance with the documentation for a period of ninety (90) days from the date of the original purchase. To make a warranty claim, you must notify Econometric Software in writing within ninety (90) days from the date of the original purchase and return the defective software to Econometric Software. If the software does not perform substantially in accordance with the documentation, the entire liability and your exclusive remedy shall be limited to, at Econometric Software’s option, the replacement of the software product or refund of the license fee paid to Econometric Software for the software product. Proof of purchase from an authorized source is required. This limited warranty is void if failure of the software product has resulted from accident, abuse, or misapplication. Some states and jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent permissible, any implied warranties on the software product are limited to ninety (90) days.
Econometric Software does not warrant the performance or results you may obtain by using the software product. To the maximum extent permitted by applicable law, Econometric Software disclaims all other warranties and conditions, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to the software product. This limited warranty gives you specific legal rights. You may have others, which vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability
Under no circumstances will Econometric Software be liable to you or any other person for any indirect, special, incidental, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, computer failure or malfunction, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the software product, even if Econometric Software has been advised of the possibility of such damages. In any case, Econometric Software’s entire liability under any provision of this agreement shall not exceed the amount paid to Econometric Software for the software product. Some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.