This EULA applies to all users without an enterprise-specific agreement. Please check with your local administrator for details.
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Intensity Analytics Corporation (“IA”) for the Intensity Analytics software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. GRANT OF LICENSE.
IA grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may install, use, access, display and run one copy of the Software on a single computer per purchased license, such as a workstation, server, terminal or other device ("Workstation Computer"). A single backup copy of the Software per purchased license is permitted. One Offline Server installation of the Software per purchased license is permitted. An Offline Server is a computer device that is unavailable for any use or access, other than in the event that a similar, redundant Server computer device that is normally available fails completely, and is itself unavailable for any use or access, in which case the Offline Server will be made available to replace the same functionality. Once the Server is restored, the Offline Server must be returned to an unavailable condition, so that only a single installation per purchased license is available at any time.
2.1 Where Intensity Analytics has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Intensity Analytics.
2.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
3.1 Internet-Based Services Components. The Software contains components that enable and facilitate the use of certain Internet-based services (“Services”). For licensees who have not purchase a copy of the Services for their own use, and rely on Intensity Analytics-provided Services, you acknowledge and agree that Intensity Analytics may automatically check the version of the Software and/or its components that you are utilizing and may provide upgrades or fixes to the Software that will be automatically downloaded to your Workstation Computer. Commercial licensees may disable the Internet-Based Services Components feature for their purchased licenses.
4. RESERVATION OF RIGHTS AND OWNERSHIP.
IA reserves all rights not expressly granted to you in this EULA. The Software and Services are protected by copyright and other intellectual property laws and treaties. Intensity Analytics or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
5. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Software or Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
6. CONSENT TO USE OF DATA.
You agree that Intensity Analytics and its affiliates may collect and use information gathered as part of the Software and Services. Intensity Analytics may use this information to improve our products or to provide customized data services or technologies to our customers.
7. SERVICE PROVISIONING.
7.1 Intensity Analytics may work with Subsidiaries and Affiliates around the world and sometimes, these companies may provide the Software and Services to you on behalf of Intensity Analytics itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Software and Services to you.
7.2 Intensity Analytics is constantly innovating in order to provide the best possible experience for its clients. You acknowledge and agree that the form and nature of the Software and Services which Intensity Analytics provides may change from time to time without prior notice to you.
7.3 As part of this continuing innovation, you acknowledge and agree that Intensity Analytics may stop (permanently or temporarily) providing the Software or Services, or any features therein, to you or to users generally at Intensity Analytics' sole discretion, without prior notice to you. You may stop using the Software and Services at any time. You do not need to specifically inform Intensity Analytics when you stop using the Software and Services.
7.4 You acknowledge and agree that if Intensity Analytics disables access to your account, you may be prevented from accessing the Software and Services, your account details or any files or other data content which is associated with your account.
8. USE OF THE SOFTWARE AND SERVICES.
8.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
8.2 You agree that you will not engage in any activity that interferes with or disrupts the Software and Services (or the servers and networks which are connected to the Services).
8.3 Unless you have been specifically permitted to do so in a separate agreement with Intensity Analytics, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Software and Services for any purpose.
8.4 You agree that you are solely responsible for (and that Intensity Analytics has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Intensity Analytics may suffer) of any such breach.
9. ENTERPRISE USE.
If you are a business entity, then the individual accepting on behalf of the entity (for the avoidance of doubt, for business entities, in these Terms, "you" means the entity) represents and warrants that he or she has the authority to act on your behalf, that you represent that you are duly authorized to do business in the country or countries where you operate, and that your employees, officers, representatives, and other agents accessing the Software and Services are duly authorized to access Intensity Analytics' products and to legally bind you to these Terms.
10. ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Intensity Analytics may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Intensity Analytics reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
To use Software identified as an upgrade, you must first be licensed for the software identified by Intensity Analytics as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
12. NOT FOR RESALE SOFTWARE.
Software identified as "Not for Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
13. EXPORT RESTRICTIONS.
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
Without prejudice to any other rights, Intensity Analytics may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
15. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
15.1 Intensity Analytics warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
15.2 LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Intensity Analytics, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Intensity Analytics' Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 17 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Intensity Analytics' and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Intensity Analytics' option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Intensity Analytics with a copy of your receipt. You will receive the remedy elected by Intensity Analytics without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Intensity Analytics). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Intensity Analytics will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Intensity Analytics' warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Intensity Analytics are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Intensity Analytics, PO Box 491, Warrenton, Virginia 20188-4091, or the Intensity Analytics subsidiary serving your country.
16. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Intensity Analytics and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
IA NEITHER OFFERS NOR MAKES ANY WARRANTY OF QUALITY, MERCHANTABILITY NOR FITNESS FOR A SPECIFIC PURPOSE CONCERNING ITS SOFTWARE. LICENSOR ACKNOWLEDGES THAT THE PERFORMANCE OF INTENSITY ANALYTICS' SOFTWARE IS SUBJECT TO MANY OPERATIONAL CONDITIONS, END-USER CHOICES AND USAGE, IMPLEMENTATION AND/OR DEPLOYMENT WHICH ARE BEYOND INTENSITY ANALYTICS' CONTROL, AND THEREFORE LICENSOR ACCEPTS THE PERFORMANCE “AS-IS.”
17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTENSITY ANALYTICS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF INTENSITY ANALYTICS OR ANY SUPPLIER, AND EVEN IF INTENSITY ANALYTICS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Intensity Analytics and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Intensity Analytics with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
19. U.S. GOVERNMENT LICENSE RIGHTS.
All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227 -14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
20. APPLICABLE LAW.
If you acquired this Software in the United States, this EULA is governed by the laws of the State of Delaware. This EULA specifically excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. The Uniform Computer Information Transactions Act as enacted shall not apply. If you acquired this Software in any country other than the United States, then local law may apply.
21. ENTIRE AGREEMENT; SEVERABILITY.
This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Intensity Analytics relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA, except for previously-executed Non-Disclosure Agreements. To the extent the terms of any Intensity Analytics policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon Intensity Analytics unless made in writing and duly executed by you and an authorized representative of Intensity Analytics.
You understand that Intensity Analytics Products may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This EULA remains effective with such incorporation. Any and all other third party software or technology that may be distributed together with the Intensity Analytics Products (as bundled third party software) may be subject to you explicitly accepting a license agreement with that third party. Corel’s licensors shall be a direct and intended third party beneficiary of this EULA.
If you have been provided with a translation of the English language version of this EULA, you agree that such translation is provided for your convenience only and that the English language version, not the translation, of this EULA will be binding on you. The English language version of this EULA and not its translation(s) will govern in the event of a conflict between the English language version and a translation.