STATS? and ChoiceModelR USER LICENSE AGREEMENT

Effective Date: October 20, 2020

Please carefully read the following End-User License Agreement ("EULA") before downloading or using STATS? 2.0 Desktop or ChoiceModelR software ("Application"). This EULA forms a binding legal agreement between Decision Analyst, Inc. ("Decision Analyst") and you ("your") as of the date?you install the Application.

  1. Ownership

DECISION ANALYST, INC., a Texas corporation with offices at 604 Ave H East, Arlington, TX 76011-3100 is the owner of all rights, titles, and interest in and to Stats 2.0 Desktop and ChoiceModelR applications and all subsequent copies thereof, regardless of the media or form in which the Application is distributed. All title and intellectual property rights in and to the Application?are owned by Decision Analyst. This EULA does not grant you any ownership rights in or to the Application.

  1. License

Decision Analyst grants you a revocable, non-exclusive and limited right to install, run, access, and use the Application for your personal and internal commercial business purposes. The application is protected by copyright law. All rights not expressly granted are hereby reserved by Decision Analyst. The EULA does not grant you any rights in any trademarks or service marks of Decision Analyst.

  1. Term

The license is effective until terminated. This license will terminate upon conditions set forth elsewhere within this EULA or?if you fail to comply with any term or?condition of this EULA. No notice shall be required by Decision Analyst to effect such termination. Upon termination of this EULA, you agree to uninstall the Application from your device.

  1. Acceptable Use

Per this EULA, you agree not:

  1. Sell, or redistribute the Application for monetary gain.
  2. Modify, adapt, or create derivative works based on the Application
  3. Reverse engineer, decompile, or disassemble the Application
  4. Use the Application for any illegal or wrongful purpose.
  5. Infringe or misappropriate any Decision Analyst copyright, trademark, or other intellectual property.
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  1. Limited Warranty and Limitation of Liability

While Decision Analyst has taken care to ensure the Application is error and defect free, Decision Analyst provides the Application AS IS AND WITH ALL FAULTS and does not warrant the Application to be free of defects or errors. No oral or written advice or information given by Decision Analyst, its employees, or agents (whether actual or apparent) shall in any way extend, modify, or add to the foregoing warranty.

You are responsible for selecting the Application and for installing, using, and interpreting the results obtained from the Application. The entire risk as to the quality, suitability, and performance of the Application is yours. Should the Application prove defective in any way, Decision is free from and shall be held completely harmless from any and all liabilities.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION?IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DECISION ANALYST BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. SHOULD THE LICENSEE OR USER SUFFER DAMAGES AS A RESULT OF DOWNLOADING, INSTALLING, USING, OR INTERPRETING THE OUTPUT OF THE SOFTWARE, DECISION ANALYST’S TOTAL LIABILITIES UNDER THIS AGREEMENT ARE LIMITED TO A MAXIMUM OF U.S. $5.00.

  1. Governing Law

This Agreement and the Limited Warranty shall be governed by the laws of the State of Texas, U.S.A. All disputes hereunder shall be resolved in the applicable state or federal courts in Tarrant County, Texas. The parties consent to the jurisdiction and venue of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

  1. Entire Agreement

This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements, oral or written, between the parties, and is intended as a final expression of their EULA. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this EULA. This EULA shall take precedence over any other documents that may be in conflict therewith.

BY SUMITIING YOUR INFORMATION, CLICKING AND INSTALLING THE APPLICATION, LICENSEE HEREBY ACKNOWLEDGES THAT YOU HAVE READ THIS END-USER LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
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