Researchware

License Grants for Educational Institutions

ResearchWare’s HyperRESEARCH and HyperTRANSCRIBE Software

This End User License Agreement (“EULA”) is a legal Agreement between ResearchWare, Inc., and you (see Definition of “You,” below) in regard to your installation and use of HyperRESEARCH and/or HyperTRANSCRIBE (the “Software;” see “Definitions,” below), whether the Software is in the form of a Free Limited Edition or a Full Version.

Read this Agreement carefully before installing and using either the Free Limited Edition or the Full Version of the Software. This EULA provides a license to use the Software and contains warranty information and liability disclaimers. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, then do not install, copy, or otherwise use the Software.

Definitions

(a) “ResearchWare,” “We,” and “Us” mean ResearchWare, Inc. and its successors and assigns, if any.

(b) “You” and “your” mean the holder of this Software License, usually an accredited institution of higher education. “You” and “your” also mean a College, School, or Department within an educational institution that ResearchWare has approved for licensing, and that is currently licensing HyperRESEARCH and/or HyperTRANSCRIBE. (In order for Researchware to approve a College, School, or Department for licensing, the College, School, or Department must have a “member population” of at least one thousand (1,000), including faculty, staff, and students.)

(c) “Software” as used in this Agreement means both HyperRESEARCH and HyperTRANSCRIBE. In addition, “software,” as used in this Agreement, pertains to both the Free Limited Edition and the Full Version of both the aforementioned products; both product versions are included within the definition of “Software” as used herein. Further, the term “Software” also includes any User’s Guide, any associated Software components, any License Key, any media, any printed materials (in addition to the User’s Guide), and any online or electronic documentation.

(d) “Licensed Population” means the staff, faculty, and current students, all of whom must be legitimate members of the Licensing Institution, whether the Licensing Institution be an institution of higher education or a College, School, or Department within such educational institution.

(e) “License Manager” refers to a software program or service installed on a centralized server that manages the access and usage of one or more Product Licenses in your organization.

License Grants

The Software is licensed, not sold. Subject to the terms of this EULA, we hereby grant you a non-exclusive, non-transferable license, without rights to sublicense, to use the Software.

The holder of this License Grant for Educational Institutions is usually an accredited institution of higher education. The holder of this License Grant may also be a College, School, or Department within such educational institution that ResearchWare has approved for licensing, and which is currently licensing HyperRESEARCH and/or HyperTRANSCRIBE. In order for Researchware to approve a College, School, or Department for licensing, the College, School, or Department must have a “member population” of at least one thousand (1,000), including faculty, staff, and students.

The Software covered by this licensing program is available to the Licensed Population for instructional use and/or non-commercial research use ONLY. Instructional purposes are defined as: conducting educational classes, labs, or related programs for teaching and/or learning the products or concepts related to the products that are part of the Software. Research purposes are defined as: conducting not-for-profit research projects.

The following are the only rights that this Educational License grants:

• You may install and use the Software on a network server, provided that the network license manager or some other procedural control limits the number of simultaneous users of the Software to the number of licenses that you have purchased.
• A member of the Licensed Population may install and use the Software on one or more personal computers for their own use, in accordance with the restrictions concerning instructional purposes and research purposes, above, provided that only one copy of the Software is in use per licensed individual at any given time.
• You may make one copy of the Software for backup purposes, irrespective of whether the Software is installed on a personal computer or on a network server.

It is your obligation to take whatever procedural or technological steps are required in your computing environment(s) to ensure compliance with the above-mentioned License Grants.

License Restrictions

The Software must be used in accordance with these Restrictions:

• Other than as set forth in “License Grants” (above), you may not install or use the Software if the Software is installed concurrently on different computers. You may not use, at any given time, more than one copy of the Software for each license you purchase, with the exception of one backup copy, as discussed above in “License Grants.”
• Other than as set forth in “License Grants” (above), you may not make or distribute copies of the Software, nor may you electronically transfer the Software from one computer to another or over a network.
• You may not alter, merge, modify, adapt, or translate the Software.
• You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
• You may not sell, rent, lease, or sublicense the Software.
• You may not modify the Software or create derivative works based on the Software.
• You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
• In the event that you fail to comply with this EULA, ResearchWare may terminate its license grant and you must destroy all copies of the Software. All other rights of both parties and all other provisions of this EULA survive any such termination of license of rights.
• If a faculty member, staff member, or student leaves the licensed educational institution, that individual’s license to use HyperRESEARCH and/or HyperTRANSCRIBE expires immediately. In this event, all copies of HyperRESEARCH and/or HyperTRANSCRIBE installed on that individual’s personal computer(s) must be uninstalled and/or destroyed as soon as that individual is no longer a member of the Licensed Population.
• This Software License covers members of the licensed population only. No “outside” users are allowed to use HyperRESEARCH and/or HyperTRANSCRIBE under the educational institution’s license. For example, if a faculty member from another institution is collaborating on a research project with a faculty member from the licensing institution, and HyperRESEARCH or HyperTRANSCRIBE is used in conjunction with that research project, then the faculty member from the other institution must buy an individual or educational license in order to use HyperRESEARCH and/or HyperTRANSCRIBE.
• The licensing institution is responsible for restricting access to the Software to legitimate users among the staff, faculty, and student body.

Ownership

The foregoing license grants you a limited license to use the Software. ResearchWare retains all other rights, title, and interest, including all copyright and other intellectual property rights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by ResearchWare, Inc.

Distribution of Installer Application

The Installer Application that the Software uses may be distributed in its unmodified form via Internet archives, web sites, online services, or informal transfers between individuals; it may be included in CD-ROM collections of freeware and shareware; and it may be bundled with books or magazines, all provided that there is no charge incurred to the purchaser for the Software.

Under no circumstances may a registered copy of the Software be distributed without the explicit, written consent of ResearchWare, Inc.

Disclaimer of Warranties

This Software is sold “as is.” ResearchWare, Inc. disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the Software and any accompanying written or ancillary materials. The entire risk arising out of use or performance of the software remains with you.

Applicable Law

The law of the Commonwealth of Massachusetts governs the interpretation of this Agreement and applies to all claims for breach of the Agreement, regardless of conflict of law principles. The laws of the state where you live govern all other claims that arise under this Agreement, including but not limited to consumer protection, unfair competition, and tort.

Severability

If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, then that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.

Copyright © 1990-2010 ResearchWare, Inc. All rights reserved.