BETA LICENSE AGREEMENT This Beta License Agreement is between you

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BETA LICENSE AGREEMENT This Beta License Agreement is between you Powered By Docstoc
					BETA LICENSE AGREEMENT
This Beta License Agreement is between you and SmartPLS initiative (at the Institute of Operations Management and Organizations, University of Hamburg, Germany) and governs the use of the beta (test) version of the SmartPLS 2.0 software, related software components, and documentation (all of which are referred to herein as the "Beta Software"). BY DOWNLOADING, INSTALLING OR USING THE BETA SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO HAVE THE RIGHT TO NOT DOWNLOAD, INSTALL OR USE THE BETA SOFTWARE IN ANY OTHER WAY. Testing License. This is Beta test software, and as such, WILL CONTAIN BUGS AND MAY CAUSE DATA LOSS. The Beta Software is licensed to you solely for testing purposes. You may install the Beta Software on a single computer for your use to test the Beta Software and you may make a single copy of the Beta Software in machine readable form solely for back-up purposes. Rights to the Beta Software. All rights that exist or will be achieved to or in relation with the Beta Software, especially copy and trademark rights, exclusively belong to the SmartPLS initiative (at the Institute of Operations Management and Organizations, University of Hamburg, Germany) and are not assigned to you or any other person by this Agreement. Restrictions on Use. • YOU MAY NOT CREATE DERIVATIVE WORKS BASED ON THE BETA SOFTWARE; • YOU MAY NOT REPRODUCE THE BETA SOFTWARE EXCEPT AS DESCRIBED IN THIS AGREEMENT; • YOU MAY NOT SELL, ASSIGN, LICENSE, DISCLOSE, OR OTHERWISE TRANSFER OR MAKE AVAILABLE THE BETA SOFTWARE OR ANY COPIES OF THE BETA SOFTWARE IN ANY FORM TO ANY THIRD PARTIES; • YOU MAY NOT ALTER, TRANSLATE, DECOMPILE, OR ATTEMPT TO REVERSE ENGINEER THE BETA SOFTWARE, AS IT IS A VIOLATION OF LAW NOTWITHSTANDING THIS CONTRACTUAL PROHIBITION; • YOU MAY NOT REMOVE OR ALTER ANY PROPRIETARY NOTICES OR MARKS ON THE BETA SOFTWARE. Credit. You undertake to mention the use of the SmartPLS software application with exact version number in any research publication resulting from the use of this software. Activation. The Beta Software needs to be activated with a personal license key that can be received from the SmartPLS forum (http://www.smartpls.de). To receive the activation key, you need to create an account for the SmartPLS forum using your true identity. Only user accounts with true identities are accepted to enter the SmartPLS forum. YOU AGREE NOT TO PASS YOUR PERSONAL ACTIVATION KEY OR YOUR ACTIVATED VERSION OF SMARTPLS TO ANYBODY ELSE. Time limitation. You accept that the use of this Beta Software is restricted to a trial period of 90 days (after activation). Please check http://www.smartpls.de for information on how to use the SmartPLS software application after this testing period of time.

Personal Information and Privacy. When creating your account for the SmartPLS forum (to download the Beta Software and to get an activation key), we ask you to provide certain personal information. You agree that this information is linked to your copy of the Beta Software. You further agree that we might ask you for additional information and that we gather, store and analyze information that is personally identifiable. This includes checking your IP-address or setting and accessing cookies on your computer system. No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Technical Support. Technical support is not provided for the Beta Software. You may find the user-to-user support forums at http://www.smartpls.de helpful in addressing any issues. No Warranty. • THE BETA SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND SMARTPLS MAKES NO WARRANTY TO ITS USE, RELIABILITY OR PERFORMANCE. • SMARTPLS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE BETA SOFTWARE. • YOU BEAR ALL RISKS ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE BETA SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. • YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE BETA SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. Limitation of Liability. IN NO EVENT WILL SMARTPLS BE LIABLE TO YOU OR THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF SMARTPLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY. Term and Termination. Either SmartPLS or you may terminate this Agreement at any time. This Agreement shall terminate automatically, without notice, if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, you must discontinue use of the Beta Software and uninstall and destroy all copies of the Beta Software you have obtained or made. Modification. SmartPLS may modify the Beta Software and this Beta Agreement at any time with notice to you by publishing the content on the SmartPLS website. In the event that SmartPLS modifies the Beta Software or the Beta Agreement, you may terminate this Beta Agreement and cease using the Beta Software under the conditions mentioned above. SmartPLS may terminate the Beta Agreement or the SmartPLS service at any time, with or without notice. Disputes. Conflicts that may arise in conjunction with the use of the Beta Software shall be solved on friendly terms and, if necessary, by the support of a mediator. If the dispute cannot be settled, the competent court is, without exception, the District Court of Hamburg. The Agreement, its interpretation, performance or any breach thereof shall be governed by and construed according to the laws of the Federal Republic of Germany. Contact Information. If you have any questions about this Agreement, please contact us at service@smartpls.de, and if you have any questions about licensing that are not answered on our website (http://www.smartpls.de), please contact us as well at service@smartpls.de.

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