Changepoint's barometerIT™
LICENSE AGREEMENT
THE COMPANY YOU WORK FOR (OR THE COMPANY YOU PROVIDE SERVICES TO) HAS LICENSED THE RIGHT TO ACCESS AND USE CERTAIN SOFTWARE DEVELOPED AND MADE AVAILABLE BY BAROMETER, INC.
This barometerIT© License Agreement (the "Agreement") shall set forth the terms and conditions under which you can access and use Barometer, Inc.'s barometerIT© software (the "Software"). BY ACCESSING OR USING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE GRANTED ACCESS TO THE SOFTWARE.
1) Subject to the terms and conditions of this Agreement, Barometer grants to you a limited, non-exclusive, non-transferable license to access and use the Software pursuant to the terms and conditions of this Agreement.
2) You may not disclose copy, modify, rent, sell, distribute, transfer or otherwise commercially exploit the Software except as provided in this Agreement, and you agree to prevent unauthorized access or use of the Software.
3) You may not (a) reverse engineer, decompile, or disassemble the Software; (b) modify or make derivative works based upon the Software; (c) create Internet "links" to the Software or "frame" or "mirror" the Software on any other server or wireless or Internet-based device; (d) interfere with or disrupt the integrity or performance of the Software; or (e) attempt to gain unauthorized access to the Software.
4) Documentation (such as user guides and reference manuals) included with the Software or provided by Barometer may be printed and copied, but may only be given to or accessed by employees of and contractors employed by the organization that have licensed the Software.
5) Title to the Software remains with Barometer or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. Barometer may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software.
6) Barometer has granted your employer (or the company you provide services) with a limited warranty for the Software. All warranty issues shall be handled by the company you work for or the company that you provide services to. EXCEPT FOR THE WARRANTY PROVIDED YOUR EMPLOYER (OR THE COMPANY THAT YOU PROVIDE SERVICES) THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
7) IN NO EVENT SHALL BAROMETER OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF YOUR ACCESS, USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE, EVEN IF BAROMETER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8) Barometer may terminate this Agreement and suspend and/or terminate your access to the Software on five (5) days prior written notice.
9) Claims arising under this Agreement shall be governed by the laws of the State of Minnesota, without regard to principles of conflict of laws. You agree that the terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement. BOTH PARTIES HEREBY AGREE THAT THE STATE OR FEDERAL COURTS OF THE STATE OF MINNESOTA FOR HENNEPIN COUNTY SHALL HAVE THE SOLE AND EXCLUSIVE JURISDICTION OVER ANY MATTER OR DISPUTE ARISING OUT OF THIS AGREEMENT. You agree to comply strictly with all export laws and regulations. The Software may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
10) The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of Barometer's proprietary rights therein. Contractor or Manufacturer is Barometer.