Please Read these Terms & Conditions Carefully! 1. RIGHTS GRANTED 1.1. Subject to the terms and conditions of this Agreement for non-profit, educational institutions only, DataInHand(tm) experimental, research software (WFU File #04-06) (the "SOFTWARE") is being made available to you ("Licensee") by Wake Forest University ("WFU") under a limited, non-exclusive, non-transferable license to make exact object code copies of the SOFTWARE and to install each such copy on a single personal digital assistant running the Microsoft(r) Windows(r) CE 3.0 operating system for the Pocket PC, owned by the Licensee or its employees. 1.2. The Licensee may store or install the SOFTWARE on a single storage device (e.g. network server or terminal server) which is used only to run or install the SOFTWARE on such Pocket PC's. 1.3. Licensee will be solely responsible for all expenses incurred in the copying and installing of the SOFTWARE by Licensee. 1.4. The SOFTWARE is only to be used (i) by Licensee and its employees, (ii) at a site governed by the Licensee and (iii) in a manner which is directly responsible for educating the Licensee's enrolled students or providing non-profit, non-commercial administrative support to the Licensee. 1.5. WFU will retain all rights not expressly covered by this Agreement and the right to license such rights to third parties. 1.6. Except as expressly provided for herein, no right or license, express or implied, is granted to the Licensee by the execution of this Agreement or the transfer of any software, techniques or information. 2. RESTRICTIONS 2.1. The Licensee acknowledges that the SOFTWARE represents, contains and embodies proprietary rights of WFU and to protect such rights, the Licensee may not decompile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to any human-perceivable form except as permitted under applicable law. 2.2. The Licensee may not (i) use the SOFTWARE as a commercial product or as the basis for a commercial product of any kind or (ii) distribute, sell, lease or loan the SOFTWARE. The Licensee may merge the SOFTWARE with other programs, but may not distribute any program that contains the SOFTWARE without prior written approval of WFU. 2.3. Licensee will (i) not remove any copyright notices or proprietary legends from the SOFTWARE, (ii) reproduce on all copies of the SOFTWARE the copyright notice and any other proprietary legends that were on the original copy of the SOFTWARE, and (iii) take reasonable steps to ensure that each user of the SOFTWARE is aware of and complies with the terms and conditions of this Agreement. 3. COPYRIGHT 3.1. The SOFTWARE and documentation have been copyrighted by Wake Forest University (WFU) and are protected by United States Copyright Law from unauthorized duplication. Title to the SOFTWARE, including all intellectual property (copyrights, trademarks and patentable material) shall remain with Wake Forest University at all times. If the Licensee publishes the results of its use of the SOFTWARE, it will include WFU's copyright notice on such publication s and will acknowledge the authors and WFU as the source of the SOFTWARE. 4. NO CORRECTIONS 4.1. The SOFTWARE is an experimental research product of WFU and may contain errors. WFU is not obligated to correct errors in the SOFTWARE. "Errors", as used herein, means malfunctions deemed by WFU to be internal to the SOFTWARE code. "Errors" does not include deficiencies in the SOFTWARE. WFU does not agree to provide additional operations, installation, new features or capabilities not contained in the version of the SOFTWARE delivered to the Licensee. 5. NO WARRANTY AND LIMITATION OF LIABILITY 5.1. THE SOFTWARE IS A RESEARCH PRODUCT OF WFU AND IS EXPERIMENTAL IN NATURE. THE LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. WFU EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATION AND WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE REPRESENTATION AND WARRANTY THAT USE OF THE SOFTWARE WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. WFU DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS. FURTHERMORE, WFU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WFU, OR AN AUTHORIZED REPRESENTATIVE OF WFU WILL CREATE A REPRESENTATION OR WARRANTY. 5.2. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, TREATMENT OR DIAGNOSIS OF HUMANS OR SIMILAR ACTIVITES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIROMENTAL DAMAGE. 5.3. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WFU BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF WFU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. TERMINATION 6.1. If any breach of this Agreement continues for more than thirty (30) days after receipt of written notice of such breach by WFU, WFU may terminate this Agreement by written notice to the Licensee, whereupon this Agreement and all rights granted to the Licensee herein shall immediately cease. Licensee may terminate this Agreement at any time by providing written notice to WFU. In the event of any termination of this Agreement, the Licensee will promptly return to WFU all copies of the SOFTWARE or verify in writing that all copies of the SOFTWARE have been destroyed. 6.2. Sections 5, 6.2 and 7.1 will survive any termination of this Agreement. 7. LEGAL AGREEMENT 7.1. This is a legal agreement between the Licensee and WFU. Should any dispute arise under this agreement, such dispute shall be settled according to the laws of the State of North Carolina. THE LICENSEE AGREES TO ABIDE BY ALL OF THE TERMS AND CONDITIONS AS STATED HEREIN. IF THE LICENSEE DOES NOT AGREE WITH EVEN ONE TERM OF THIS AGREEMENT, CLICK "CANCEL" BELOW AND DO NOT INSTALL THE SOFTWARE.
I agree to the terms and conditions listed above. (required) Note that you must check the box for a successful download. Save the download file to disk. Double-click the file to extract and refer to the enclosed Readme file for further instructions.
