IMPORTANT INFORMATION – PLEASE READ CAREFULLY
BY SIGNING THIS EULA DOCUMENT, SIGNING A COLLABORATIVE CARE AGREEMENT WITH REFERENCE TO THIS EULA, OR YOU ARE USING PRODUCT YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS CONTAINED IN THIS END USER LICENSING AGREEMENT (EULA) WITH REGARD TO THE INSTAL-LATION, COPYING, DOWNLOADING, ACCESSING OR ANY OTHER USES OF THIS PRODUCT.. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSING AGREEMENT (EULA), YOU WILL HAVE NO RIGHTS TO THE PRODUCT AND SHOULD NOT INSTALL, COPY, DOWNLOAD, ACCESS OR USE THE PRODUCT IN ANY WAY.
This Product is hereby protected by copyright laws, as well as any other intellectual property laws. This Product is licensed and not sold.
IndividuALLytics, Inc. shall grant to you a non-exclusive license for the use and installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software upgrades provided by IndividuALLytics, Inc. that would re-place, over write and/or supplement the original installed version of the Product, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.
Should you breach this EULA at any time the right to the use of the Product will then immedi-ately be terminated without any notice being given. However, all provisions of this EULA, with the exception of the License Grant , will remain in effect and thus shall survive termination. Up-on termination of the License Grant, You MUST destroy any and all copies of the Product.
The aforementioned Product is protected by copyright, patents pending, trade secrets, and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the con-tent offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material. However, printed material, which may accompany any offered content, may not be copied.
RESTRICTIONS ON USE
As a Licensee, You may not:
(a) Make use of the offered content on more than one computer at a time, without prior pur-chase of additional licenses;
(b) You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content;
(c) Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with this License;
(d) Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;
(e) Attempt to alter or remove any trademark, copyright or other proprietary notice con-tained within the offered content; or
(f) Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.
(g) Disclose Product or content to any person or organization (meaning you agree to treat information within the Product or content as confidential)
IndividuALLytics, Inc. may find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and con-ditions of this EULA. It shall be at the sole discretion of IndividuALLytics, Inc. to make condi-tional releases of said upgrade to you upon your acceptance of another EULA or execution of another separate agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement.
DISCLAIMER OF WARRANTY
With regard and with relationship to the maximum extent permitted by applicable law, Individ-uALLytics, Inc., and, if applicable, related suppliers, shall provide the Product and any support services, if needed, related to the Product, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied war-ranties or conditions of merchantability, of suitability for a specified purpose, that it contains ab-solute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the Product, and the provision of or failure to provide Support Services. FURTHERMORE, THERE IS NO WARRANTY, EXPRESSED OR IM-PLIED, NOR ANY CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARD TO THE HEREIN CONTAINED PRODUCT. ANY RISKS PERTAINING TO THE QUALITY OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY EXIST, ARE YOUR SOLE RESPONSIBILITY.
LIMITATION OF LIABILITY AND REMEDIES
In spite of any damages that you may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of IndividuALLytics, Inc. and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by you for this Product . Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.
By installing or using this product, you hereby acknowledge and agree that you will comply with any and all applicable export laws, restrictions and all regulations of the US Department of Commerce, US Department of Treasury, and any other US or foreign agency or authority con-cerning this provision of the EULA. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable US trade embargoes or to any prohibited destination, in any group specified in the current “Sup-plement No. 1 to Part 740 or the Commerce Control List specified in the then current Supple-ment No. 1 to Part 738 of the US Export Administration Regulations (or any successor supple-ment or regulations).”
US GOVERNMENT END USERS
The offered content is licensed by the US Government with RESTRICTED RIGHTS. The use, duplication of, or the disclosure by the US Government, shall be subject to restrictions in accord-ance with DFARS 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19 of the Commercial Computer Software clause, as applicable.
This EULA, in its entirety, shall be legally binding upon and inure to the benefit of IndividuAL-Lytics, Inc. and you, our respective successors and permitted assigns. Should any of this provi-sion be deemed invalid or unenforceable, such determination will not affect the validity or en-forceability of any other provision contained herein. If there is any waiver of any breach or fail-ure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this EULA. Any waiver, supplementation, modi-fication or amendment to any provision of this EULA, shall only be effective when done so in writing and signed off by IndividuALLytics, Inc. and you. This EULA shall be governed solely by the laws of the State of Michigan and of the United States. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate federal or state court in Michigan, IndividuALLytics, Inc., and as such, you and IndividuALLytics, Inc. irrevocably consent to the jurisdiction of said court and venue for Oakland County, Michigan or Southeast Michigan for the United States.