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End User License Agreement for Bio-Behavior Analysis Systems, LLC Software
IMPORTANT - READ CAREFULLY:
This Bio-Behavior Analysis Systems, LLC End-User License Agreement ("EULA") is a
legal agreement between you (either an individual person or a single legal entity,
who will be referred to in this EULA as "You") and Bio-Behavior Analysis Systems, LLC
("BBAS") for the software product that accompanies this EULA, including any associated
media, printed materials and electronic documentation (the "Software Product"). The
Software Product also includes any software updates, add-on components, web services
and/or supplements that BBAS may provide to You or make available to You after the date
You obtain Your initial copy of the Software Product to the extent that such items are
not accompanied by a separate license agreement or terms of use. By installing, copying,
downloading, accessing or otherwise using the Software Product, You agree to be bound by
the terms of this EULA. If You do not agree to the terms of this EULA, do not install,
access or use the Software Product.
Software Product License
The Software Product is protected by intellectual property laws and treaties.
The Software Product is licensed, not sold.
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Grant of License
This Section of the EULA describes Your general rights to install and use the Software
Product. The license rights described in this Section are subject to all other terms
and conditions of this EULA.
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General License Grant to Install and Use Software Product. You may install
and use one copy of the Software Product on a single computer, device, workstation,
terminal, or other digital electronic device ("Device"). You may make a second copy
of the Software Product and install it on a portable Device for the exclusive use of
the person who is the primary user of the first copy of the Software Product. A
license for the Software Product may not be shared.
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Alternative License Grant for Storage/Network Use. As an alternative to the
rights granted in the previous section, You may install a copy of the Software
Product on one storage Device, such as a network server, and allow individuals
within Your business or enterprise to access and use the Software Product from
other Devices over a private network, provided that You acquire and dedicate a
license for the storage Device upon which the Software Product is installed and
each separate Device from which the Software Product is accessed and used.
A license for the Software Product may not be used concurrently on different
Devices unless expressly permitted by this EULA.
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Reservation of Rights. All rights not expressly granted are reserved by
BBAS.
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Description of Other Rights and Limitations
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Copy Protection. The Software Product may include copy protection technology to
prevent the unauthorized copying of the Software Product or may require original media
for use of the Software Product on the Device. It is illegal to make unauthorized
copies of the Software Product or to circumvent any copy protection technology included
in the Software Product.
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Limitations on Reverse Engineering, Decompilation, and Disassembly. You may
not reverse engineer, decompile, or disassemble the Software Product, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
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Separation of Component Parts. The Software Product is licensed as a single
product. Its component parts may not be separated for use on more than one Device
unless expressly permitted by this EULA.
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Samples. The Software Product may be provided with certain "Samples" intended
to demonstrate use of the Software Product or provide a base starting point for use
of the Software Product. If Samples are provided, they are considered part of the
Software Product for purposes of this EULA. However, you may use and create derivative
works from Samples, provided that you do so in conjunction with your use of the
Software Product, and that you maintain any copyright notices that may be incorporated
within the Samples.
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Trademarks. This EULA does not grant You any rights in connection with any
trade marks of BBAS.
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No rental, leasing or commercial hosting. You may not rent, lease, lend or
provide commercial hosting services to third parties with the Software Product.
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Support Services. BBAS may provide You with support services related to the
Software Product ("Support Services"). Use of Support Services is governed by the
BBAS policies and programs described in the BBAS-provided materials. Any supplemental
software code provided to You as part of the Support Services are considered part of
the Software Product and subject to the terms and conditions of this EULA. You
acknowledge and agree that BBAS may use technical information You provide to BBAS
as part of the Support Services for its business purposes, including for product
support and development. BBAS will not utilize such technical information in a
form that personally identifies You.
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Term. If the Software Product that was distributed to you was labeled as an
EVALUATION VERSION (or its functional equivalent) (an "Evaluation Version"), the
license granted under this EULA commences upon the installation of the Software
Product and is effective for 30 days following the date you install the Software
Product (the "Evaluation Term"). Evaluation Version Software Products may include
software code intended to disable their functionality after the expiration of the
Evaluation Term. You may take no actions to circumvent the operation of such
disabling code, and you accept all risks that might arise from such disabling code.
If the Software Product was not distributed as an Evaluation Version, or if you
converted an Evaluation Version installation of the Software Product to a
non-Evaluation Version of the Software Product by authorised use of the conversion
mechanism provided with the Software Product (in each case either being or resulting
in a "Full-License Version"), the licenses granted under this EULA commence upon the
installation of the Software Product and are effective in perpetuity unless
terminated per the terms of this Agreement.
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Software Transfer. You may permanently transfer all of your rights under
this EULA (except if your rights are in an Evaluation Version), provided you retain
no copies, you transfer all copies of the Software Product (including all component
parts, the media and printed materials, any prior versions, and this EULA), and the
recipient agrees to be subject to the terms of this EULA. Upon the occurrence of
such a transfer, your rights under this EULA terminate immediately.
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Termination. Upon the expiration of the Evaluation Term (if any), your
rights under this EULA terminate automatically without notice. Without prejudice
to any other rights, BBAS may terminate this EULA if You fail to comply with the
terms and conditions of this EULA. In such event, You must destroy all copies of
the Software Product and all of its component parts. The terms of this paragraph
shall survive any termination of this EULA.
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Upgrades
If the Software Product is labeled as an upgrade, You must be properly licensed to
use a product identified by BBAS as being eligible for the upgrade in order to use
the Software Product. A Software Product labeled as an upgrade replaces or
supplements (and may disable) the product that formed the basis for Your eligibility
for the upgrade. You may use the resulting upgraded product only in accordance with
the terms of this EULA. If the Software Product is an upgrade of a component of a
package of software programs that You licensed as a single product, the Software
Product may be used and transferred only as part of that single product package and
may not be separated for use on more than one Device.
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Intellectual Property Rights
All title and intellectual property rights in and to the Software Product (including
but not limited to any images, text, and "applets" incorporated into the Software
Product), the accompanying printed materials, and any copies of the Software Product
are owned by BBAS or its suppliers. All title and intellectual property rights in
and to the content that is not contained in the Software Product, but which may be
accessed through use of the Software Product, is the property of the respective
content owners and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants You no rights to use such content.
If this Software Product contains documentation that is provided only in electronic
form, you may print one copy of such electronic documentation. You may not copy
the printed materials accompanying the Software Product.
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Backup Copy
After installation of one copy of the Software Product pursuant to this EULA, you
may keep the original media on which the Software Product was provided by BBAS or a
copy of the installation package provided by BBAS solely for backup or archival
purposes. Except as expressly provided in this EULA, you may not make copies of the
Software Product or the printed materials accompanying the Software Product.
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U.S. Government License Rights
The Software Product is commercial computer software and in all respects is
proprietary data belonging to Bio-Behavior Analysis Systems, LLC or its suppliers.
The Software Product is comprised of "commercial computer software" and "commercial
computer software documentation" as such terms are used in 48 C.F.R § 12.212.
Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202-1 through § 227.7202-4,
all U.S. Government licensees acquire the Software Product with only those rights
set forth in this EULA.
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Applicable Law
This Agreement is governed by the laws of the United States, without reference to
conflict of laws principles. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded. This Agreement
sets forth all rights for the user of the Software Product and is the entire
agreement between the parties. This Agreement supersedes any other communications
with respect to the Software Product. This Agreement may not be modified except
by a written addendum issued by a duly authorized representative of BBAS. No
provision hereof shall be deemed waived unless such waiver shall be in writing
and signed by BBAS or a duly authorized representative of BBAS. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall continue
in full force and effect. The parties confirm that it is their wish that this
Agreement has been written in the English language only.
Should you have any questions concerning these terms and conditions, or if you
would like to contact BBAS for any other reason, please send email to tbb(at)acm.org
or write to:
Bio-Behavior Analysis Systems, LLC
7472 Woodlawn Colonial Lane
St. Louis, MO 63119, USA
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No Warranty
BBAS makes no warranty of the fitness of the Software Product for a particular
purpose. In no event shall BBAS be liable for any special, incidental, indirect,
or consequential damages arising from Your use of the Software Product.
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Entire Agreement
This EULA (including any addendum or amendment to this EULA which is included with
the Software Product) is the entire agreement between you and BBAS relating to the
Software Product and the support services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals and representations with
respect to the Software Product or any other subject matter covered by this EULA.
To the extent the terms of any BBAS policies or programs for support services conflict
with the terms of this EULA, the terms of this EULA shall control.
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