Terms and Conditions

Welcome to the SAS Web site from SAS Institute Inc.("SAS"). Access to, and use of, the information contained in this Web site are subject to the terms and conditions listed below. Please read this information carefully. Your use of this Web site, including the services provided on this Web site, signifies your agreement to follow and be bound by these terms and conditions.

SAS reserves the right to discontinue providing any of the services available on this Web site, to make changes or updates to this Web site, or to the products or programs described in this Web site, or to these terms and conditions at any time without further notice. Your continued use of this Web site following such changes signifies your acceptance of the revised terms and conditions.

Copyright

Copyright © 2009 SAS Institute Inc., SAS Campus Drive, Cary, North Carolina 27513, USA. All rights reserved.

Use of Web Site

You are hereby authorized by SAS to view, download, copy and print documents and the graphics incorporated therein ("materials") from this Web site subject to the following restrictions and in accordance with any written agreement between you and SAS: 1) the materials may be used solely by you for your own personal informational, educational or other non-commercial purposes unless otherwise expressly indicated; 2) all copies you make must properly attribute the appropriate source, including any copyright or other proprietary notices originally shown or included in the materials; 3) you may not modify any of the materials found at this Web site unless otherwise expressly indicated, nor attempt to pass off any materials found at this Web site as your own; 4) you may not use, reproduce or publicly display or perform, or distribute any of the materials within this Web site for any commercial or public purpose, unless SAS Institute Inc. has given you prior written consent to do so; 5) you also may not "mirror" or "frame" any portions of this Web site in any other environment with out prior written consent from SAS Institute Inc.; 6) you may not display or transmit SAS RSS feed content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable official SAS URL, and you may not insert any intermediate page, splash page, or other content between the SAS RSS link and the applicable official SAS URL.

SAS reserves the right to terminate the access of any user in its discretion, including users that do not observe these terms and conditions and who infringe or otherwise violate the rights of others.

Accounts, Passwords and Security

If any of the services provided on this Web site requires you to open an account, you must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form, and maintaining the strict confidentiality of your password. If SAS has provided you with login information to enable you to access restricted URLs on this Web site, be advised that such login information, as well as any content located at or linked from that URL, is confidential and proprietary to SAS, and you are not authorized to share any information you view, download, or otherwise use at that URL. If you are using the services on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf. You are solely responsible for maintaining the confidentiality of your password(s). You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain products. By using this Web site and registering for such services, you consent to SAS' display of such information via the services and accept all risks of unauthorized access to such information. You are also fully responsible for all activities that occur through the use of your account and password. You agree to notify SAS immediately of any unauthorized use of your account or password or any other breach of security and ensure that you exit from your account at the end of each session. SAS is not responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SAS or any other party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. SAS reserves the right to terminate your access to the services described in this section should SAS in its sole discretion consider your use of this Web site to be inappropriate in any way. Upon termination of your access to this site, you must destroy all materials obtained from this site which permit identification of any individual.

Use of SAS Online Communications Channels

SAS Online Communications Channels (including but not limited to SAS Discussion Forums, SAS Blogs, and the JMP User Community) are a service hosted by SAS to facilitate the dissemination and exchange of technical information pertaining to SAS products and services. You understand that all third-party content posted to the Online Communications Channels is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed in the Online Communications Channels do not necessarily reflect the opinions of SAS. SAS shall have the right to remove any of your content and/or to terminate your access to and use of the Online Communications Channels should SAS in its sole discretion consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.

Accessing the Online Communications Channels

You agree that SAS will not be liable, under any circumstances and in any way, for any errors, omissions, loss, or damage of any kind incurred as a result of your use of the Online Communications Channels or your use of any content posted thereon. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to harvest or otherwise collect information about others, including email addresses, or to use the Online Communications Channels or information obtained from the Online Communications Channels to send other users unsolicited email of any kind. The Online Communications Channels are provided for informational purposes only, and no content included therein is intended for trading or investing purposes. SAS shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Online Communications Channels, or for any trading or investment decisions made based on such information. Collecting personal information from children under the age of 13 ("minor children") through this Web site is prohibited. Minor children are not eligible to use the site, and SAS asks that they do not submit any personal information to the site.

Posting to the Online Communications Channels

Unless otherwise indicated, by posting your third party content, you are granting SAS and all other users an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.

By posting your third party content, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use, and that such content is not confidential. If you are using the Online Communications Channels on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer's behalf, and that your employer agrees to indemnify you and SAS for violations of these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose. SAS cautions you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc. SAS reserves the right, in its sole discretion, to modify, to publish, or not to publish your content.

UNLESS OTHERWISE EXPRESSLY INDICATED, YOU MAY NOT SUBMIT, AND SAS WILL NOT ACCEPT, ATTACHMENTS WITH YOUR POSTINGS. YOUR POSTINGS MAY NOT INCLUDE CONTENT THAT SAS IN ITS SOLE DISCRETION DEEMS TO BE AN ADVERTISEMENT OR SOLICITATION FOR EMPLOYMENT. YOU AGREE THAT YOU WILL NOT KNOWINGLY AND WITH INTENT TO DEFRAUD PROVIDE MATERIAL AND MISLEADING FALSE INFORMATION, INCLUDING DISGUISING THE ORIGIN OF YOUR CONTENT OR MISREPRESENTING YOUR AFFILIATION OR IDENTITY. YOU MAY NOT USE SAS' NAME TO ENDORSE OR PROMOTE ANY PRODUCT, OPINION, CAUSE OR POLITICAL CANDIDATE. REPRESENTATION OF YOUR PERSONAL OPINIONS AS INSTITUTIONALLY ENDORSED BY SAS', OR BY SAS' SPONSORS, PARTNERS, OR ANY RELATED ORGANIZATIONS IS STRICTLY PROHIBITED. YOU AGREE NOT TO POST OR OTHERWISE TRANSMIT SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES, OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT. YOU REPRESENT AND WARRANT THAT THE CONTENT YOU SUPPLY DOES NOT VIOLATE THESE TERMS.

Sharepoint® Sites on the SAS Extranet

In addition to the Terms of Use detailed herein, this subsection shall apply specifically to your use of the Sharepoint® Sites on the SAS Extranet ("the Sharepoint Site") unless otherwise agreed in writing between the parties.

It is understood that your access to the Sharepoint Site will be limited in duration consistent with the purposes for which the Sharepoint Site was established. You understand and agree that SAS may make unavailable and/or take down the Sharepoint Site entirely or in part at any time and for any reason in its reasonable discretion. SAS reserves the right to terminate your access to the Sharepoint Site and to all materials appearing thereon for any reason in its reasonable discretion, including, but not limited to, your failure to observe these terms and conditions, or for infringing or otherwise violating the rights of others.

You may not exchange or transmit on or to the Sharepoint Site any personally identifiable information of third parties, nonpublic personal information, or any other sensitive or proprietary third-party information that is protected under the laws or regulations of the particular jurisdiction applicable to the subject individual. No software or code may be provided via the Sharepoint Site, and you shall not submit or otherwise exchange encrypted data or other information, or encryption instructions.

Pursuant to your use of the Sharepoint Site, you agree to allow SAS to store and retrieve session information on your end terminal equipment, through the use of "cookies." The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures and to take reasonable steps to prevent unauthorized access to the Sharepoint Site. By using the Sharepoint Site, you explicitly consent to (i) the collection and processing by SAS of your personal data as needed to administer security on the Sharepoint Site; and (ii) the storage of such data until expiration of the purposes for which the Sharepoint Site was established, or in accordance with SAS retention policy for such Sharepoint Sites; and (iii) the storage and retrieval of information on your end terminal equipment as described above. Please refer to the SAS Privacy Policy for further information concerning the use and disclosure of your personal information.

SAS does not promise that your access to the Sharepoint Site will be uninterrupted. You agree to maintain appropriate backup copies of all information you submit to the Sharepoint Site. You agree that you will not transmit to the Sharepoint Site any viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. You understand that SAS may create and administer the Sharepoint Site using third-party software and that such software may have technical, licensing, and other limitations over which SAS has no control. You agree to cooperate with SAS in all material respects should SAS be required by its licensors to perform, or not perform, certain activities. You agree to notify SAS as soon as you become aware of or suspect any breach of security concerning the Sharepoint Site or breach of any of the terms governing use of the Sharepoint Site.

Use of SAS Software

Any SAS computer software which may be downloaded or is otherwise available from this Web site, unless otherwise expressly indicated, is licensed subject to either the written license agreement between you and SAS or the click-on license which you agree to at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise.

However, if neither a written license nor a click-on license is available, your use of the SAS software will be subject to the following conditions: 1) you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on this Web site without SAS' express prior written consent; 2) you are granted a personal, non-exclusive license to use such software subject to the above restrictions; 3) such software is subject to all Warranties and Disclaimers as set forth below; 4) except as expressly granted elsewhere, SAS Institute Inc. and its licensors reserve all rights, title and interest in and relating to such software. This section does not apply to any third-party materials available on this Web site.

Restricted Rights Legend

Software and accompanying documentation are provided to the U.S. government in a transaction subject to the Federal Acquisition Regulations with Restricted Rights. Use, duplication, or disclosure of the software by the government is subject to restrictions as set forth in FAR 52.227-19 Commercial Computer Software-Restricted Rights (June 1987). The Contractor/Licensor is SAS Institute Inc., located at SAS Campus Drive, Cary, North Carolina 27513.

Warranties and Disclaimers

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND SAS, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL SAS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE, THE SERVICES PROVIDED ON THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE. IF ANY PROVISION OF SAS' TERMS OF USE IS HELD TO BE UNLAWFUL, VOID, OR UNENFORCEABLE BY ANY COURT HAVING COMPETENT JURISDICTION, THEN SUCH PROVISION SHALL BE SEVERABLE WITHOUT AFFECTING THE ENFORCEABILITY OF ALL REMAINING PROVISIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.

Indemnity

You agree to indemnify and hold SAS and its affiliated companies harmless for any and all claims or demands, including reasonable attorneys' fees, that arise from or otherwise relate to your use of this Web site (including the services provided on this Web site), any content you supply to this Web site, or your violation of these Terms or the rights of another.

Worldwide Availability

The information published on this Web site may contain direct or indirect references to products, programs or services that may not be available worldwide. Such references should not be taken as an indication that said products, programs or services are available or will be made available in your country. You should contact your local sales office for specific information on the products, programs and services available to you.

Third-Party Materials on this Web site

This Web site may contain materials from third parties, including software in executable or source code form ("Third-Party Materials"). Access, use, and download of all third-party materials contained in this Web site are subject to the Warranties and Disclaimers set forth above. Permission to use any Third-Party Materials beyond the uses outlined above or otherwise explicitly stated must be obtained directly from the respective owners. Unless expressly stated otherwise, SAS does not provide technical support for any materials posted on, downloaded from, or linked to from this Web site.

Copyright Complaints

SAS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us of your claim of infringement by sending the following written information to SAS' designated Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the URL and date on which the material was displayed;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

SAS' Copyright Agent for notice of claims of copyright infringement on its site is Patricia L. Brown, who can be reached as follows:

Patricia L. Brown
Assistant General Counsel
SAS Institute Inc.
SAS Campus Drive
Cary, North Carolina 27513
e-mail: Patricia.Brown@sas.com

Links to Third-Party Web Sites

Any links to third-party Web sites found within this Web site are provided solely as an added convenience to you. SAS has neither reviewed the contents of these third-party Web sites nor does SAS claim any responsibility for the content or suitability of these third-party Web sites and SAS makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the Web sites by SAS or any association with their operators.

Feedback

Except where expressly provided otherwise by SAS, all comments, feedback, information or materials submitted to SAS through or in associations with this Web site shall be considered non-confidential and the property of SAS. By submitting any comments, information, materials or other feedback to SAS, you agree to a no-charge assignment to SAS of any rights, title and interest to the comments, information, materials or other feedback. Subject to the SAS Privacy Statement, SAS shall be free to use such comments, information, materials or other feedback without restriction.

Unsolicited User Submissions

Neither SAS nor any of its employees accept or consider unsolicited submissions of ideas of any kind from outside parties. Therefore, please do not send any unsolicited original materials, concepts or ideas to anyone at SAS either through this Web site or via any other means of communication.

However, should you choose to ignore this request, please be advised that any unsolicited information or material sent to SAS or any SAS employee will be deemed NOT to be confidential. Your submission of any unsolicited information or material grants to SAS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material and any underlying intellectual property. In addition SAS is free to use any ideas, concepts, know-how or techniques that you send us for any purposes. The SAS Privacy Statement will govern the disclosure of your name or any other personal information related to any such submissions.

You are prohibited from posting or transmitting to us from this Web site any unlawful, obscene, pornographic, libelous, defamatory, threatening, or other material that would violate any law.

Governing Law and Jurisdiction

This Web site is controlled by SAS from its offices in Cary, North Carolina, United States of America. All matters relating to your access to, or use of, this Web site shall be governed by U.S. federal law or the laws of the State of North Carolina. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in a state or federal court in Raleigh or Wake County, North Carolina. You and SAS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

You may not access, download, use or export the information, software, products or services contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

Trademark Information

SAS and all other SAS Institute Inc. product or service names are registered trademarks or trademarks of SAS Institute Inc. in the USA and other countries. ® indicates USA registration.

SAS is a licensed user of M•CAM® technology. SAS is a licensed user of SmartTextTM. M•CAM®, SmartTextTM and CompassTM are registered trademarks or trademarks of M•CAM Inc. ® indicates USA registration.

DataFlux and all other DataFlux Corporation product or service names are registered trademarks or trademarks of, or licensed to, DataFlux Corporation in the USA and other countries.

Adobe and the Acrobat logo are trademarks of Adobe Systems Incorporated.

Other brand and product names are trademarks of their respective companies.

See a Complete List of SAS Trademarks. Third-Party Guide for Referencing SAS Trademarks.

Export Information and Compliance with Laws

Access to this site from territories where the content of or participation in this site may be illegal is prohibited. It is your sole responsibility to comply with applicable local laws. United States export laws and regulations apply to this Web Site and SAS Institute Inc. You agree to comply with all such applicable restrictions and may not download or otherwise export, re-export, import, or distribute Web site Content (including any software) or any underlying information or technology except in full compliance with all laws and regulations of the United States of America and with those of any other country that may apply to the Web site Content. By accessing and downloading the Web site Content (including any software), you agree to the foregoing and represent and warrant that (1) you are not a party to whom the United States of America prohibits access to the Web site Content (including any software) and (2) you are not located in, under control of, or a national or resident of any country to which export of the Web site Content (including any software) is restricted by laws of the United States of America or other applicable laws and regulations, and (3) you will not share the Web site Content (including any software) with a party identified in this paragraph. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Web site Content (including any software).

SAS Institute Inc., its subsidiaries, distributors and agents must export products in accordance with the laws and regulations of the United States of America. SAS maintains export policies to ensure our compliance with such export laws and regulations. A chart summarizing the Export Control Classification Number that has been assigned to SAS products, along with a license designation, can be found at support.sas.com/adminservices/export.html. Each customer must comply with any export restrictions relating to end users of the software.

Legal Contacts

If you have any questions concerning the usage or licensing of SAS trademarks, questions regarding SAS copyrighted materials or any other questions regarding these terms and conditions, contact the SAS Legal Department by e-mail at legalWeb@sas.com.

SAS Institute is a private company devoted to the support and further development of its software and related services.

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