SAS Institute Inc. License Agreement for Experience SAS Virtually Software

Important:  Please carefully read the terms and conditions of this License Agreement ("Agreement") before downloading or using the Software.  By downloading or using the Software, the individual licensing the Software ("You”) agrees to these terms, and SAS Institute Inc. ("SAS") will authorize You to use the Experience SAS Virtually Software ("Software") in accordance with the terms and conditions of this Agreement.  If You do not agree to all of the terms of this Agreement then You are not authorized to use the Software.

1. License Grant; Term.  The Software is provided on the express condition that You consent to all of the terms contained in this Agreement. For clarity, the term “Software” includes only technology created by SAS, and does not include software and other functionality created and offered by Google Inc. (“Google”) or other third parties that may be provided or used in conjunction with the Software. SAS hereby grants You a non-assignable, nontransferable, non-sublicensable, limited, revocable, and nonexclusive license to use the Software. Access to or use of the Software does not constitute an express or implied contract or offer of employment. The Software may be used only on a device that You own or control and only as permitted by usage rules as may be established and defined by Google under a separate agreement with You (but only to the extent such rules do not conflict with the terms of this Agreement). This Agreement is solely between You and SAS, and not with Google. SAS reserves all rights in and to the Software not expressly granted herein. The license is effective until terminated by You or SAS. The license for the Software will terminate if You fail to comply with any term or condition of this Agreement.  Upon such termination, You shall cease all use of the Software and destroy all copies of the Software and accompanying materials. The terms of this Agreement will govern any upgrades provided by SAS that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Google has no obligation under this Agreement to provide technical support for the Software. For technical support for the Software, contact your SAS support representative.

2. Intellectual Property Rights.

2.1 The Software is copyrighted. Title to the Software and all documentation and all other rights remain with SAS or its licensors at all times. Source code from which the Software object code is derived ("Source Code") is a SAS trade secret.  You may not reproduce or modify the Software or any part thereof in any form or by any means except as expressly permitted hereunder. You may not reverse assemble, reverse engineer, or decompile the Software or otherwise attempt to recreate the Source Code, except to the extent applicable laws specifically prohibit such restriction. You agree to abide by the copyright law and all other applicable laws of the United States and all other applicable jurisdictions including, but not limited to, export control laws. You may not distribute the Software or any part thereof to any third party in modified or unmodified form. Except as expressly allowed herein, You agree not to modify, rent, lease, loan, lend, sell, distribute, or create derivative works based on the Software or any part thereof in any manner, and You shall not exploit the Software or any part thereof in any unauthorized way whatsoever. In no event may You copy or otherwise replicate the Software or any part thereof for any purposes whatsoever. You may not use the Software in any outsourcing, facilities management or service bureau arrangement or any data or information technology management operation by or for third parties.

2.2 Notwithstanding any other provision of this Agreement, SAS reserves the right to change, suspend, remove, or disable access to any Software, functionality, content, or other materials at any time without notice. In no event will SAS be liable for the removal of or disabling of access to any such Software, content or materials under this Agreement. SAS may also impose limits on the use of or access to certain features or portions of the Software, in any case and without notice or liability.

2.3 SAS, the SAS logo, and other SAS trademarks, service marks, graphics, and logos used in connection with the Software are trademarks or registered trademarks of SAS Institute Inc. in the U.S. and/or other countries. Android is a trademark of Google Inc. Other trademarks, service marks, graphics, and logos used in connection with the Software may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

3. Age Requirements for Use of the Software.   You affirm that you are at least 18 years of age; if You are under the age of 18, You should review these terms and conditions with your parent or guardian to make sure that You and your parent or guardian understands and agrees to these terms and conditions. The Software is not intended for children under 13.

4. Content, Privacy, and Performance.

4.1 You acknowledge that use of the Software may require one or more compatible devices, other hardware, Internet access (fees may apply) and certain other software (fees may apply), and require obtaining updates or upgrades from time to time. Such items are your responsibility. Your ability to use the Software may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. This Software is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee You access to the Software. SAS shall have no liability to You in the event previously downloaded Software becomes unavailable for re-download. Once the Software is licensed and You have downloaded it, it is your responsibility not to lose, destroy, or damage the Software, and SAS shall be without liability to You in the event of any loss, destruction, or damage.

4.2 The Software may display, include or make available content, data, information, functionality, code, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. The term “Software” as defined herein does not include Third Party Materials. By using the Software, You acknowledge and agree that SAS is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. SAS does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to You. The license terms for any third party open source code used by the Software are included in the “About” page and will apply to your use of such code. If You elect to use the optional device location functionality included with the Software, You agree to be bound by the applicable third party terms of use for that service. Neither SAS, nor any of its content or service providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information displayed by the Software. Third party services and Third Party Materials that may be accessed from, displayed on or linked to from the Software are not available in all languages or in all countries. SAS makes no representation that such services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such services or Third Party Materials, You do so at your own initiative and are responsible for compliance with (a) any terms of use associated with such services or Third Party Materials and (b) any applicable laws, including but not limited to applicable local laws. You understand that by using the Software, You may encounter material that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit material. Nevertheless, You agree to use the Software at your sole risk and that SAS shall have no liability to You for content that may be found to be offensive, indecent, or objectionable.

4.3 The Software may offer interactive features that allow You to, among other things, submit your own information, device location, materials, content or links to third party content on areas accessible and viewable by other users and the public. You represent and agree that any use by You of such features, including any information, materials or links submitted or posted by You, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that You have obtained all necessary rights, licenses or clearances. You hereby grant SAS and all users of the Software worldwide, royalty-free, non-exclusive license to use the information and materials You submit on areas accessible and viewable by other users and the public, and in relation to the Software, without any compensation or obligation to You. You represent and warrant that neither your own nor any other person’s personally identifiable or sensitive information will appear in the content or other materials You submit via the Software for public viewing. You are not authorized to submit such information in conjunction with your use of the Software and SAS disclaims any responsibility to You or any third party for any loss or liability relating to such information in any way. You agree that SAS may collect and use technical data and related information, including but not limited to technical information about your device, device location, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Software. SAS may use this information to improve its products or to provide services or technologies to You. SAS will handle such information in accordance with the SAS Privacy Statement, located at http://www.sas.com/Privacy.html, except for information that You consent or submit to be made accessible and viewable by other users and the public. You agree that You will not use the Software to engage in spamming or other activities that violate this Agreement or applicable law.

4.4 SAS has the right, but not the obligation, to monitor any information and materials submitted or posted by You or otherwise available through the Software, to investigate any reported or apparent violation of this Agreement, and to take any action that SAS in its sole discretion deems appropriate. SAS reserves the right not to publicly post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. You agree to provide accurate, current, and complete information required for download of the Software and at other points as may be required in the course of using the Software. You further agree to maintain and update such data as required to keep it accurate, current, and complete. SAS may terminate this license to use the Software if any information You provide is false, inaccurate or incomplete, or violates the rights of another.  Prices and availability of any Software are subject to change at any time. In order to access and retain your electronic records, You may be required to have certain hardware and software, which are your sole responsibility. SAS and You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and that upon Your acceptance of its terms and conditions, Apple will have the right to enforce this Agreement against You as a third party beneficiary hereof.

5. Government Use. The Software and its documentation is commercial computer software provided with RESTRICTED RIGHTS to the United States Government. Use, duplication or disclosure of the Software by the United States Government is subject to the license terms of this agreement pursuant to FAR 12.212, DFAR 227.7202-1(a), DFAR 227.7202-3(a) and DFAR 227.7202-4 and, to the extent required under U.S. federal law, the minimum restricted rights as set out in FAR 52.227-19 (DEC 2007) or, if FAR 52.227-19 is not applicable, FAR 52.227-14 (DEC 2007).

6. Export Restrictions. United States export laws and regulations apply to the Software.  In addition to the prohibitions set forth elsewhere in this Agreement, You may not download, use, or otherwise export or reexport the Software or any underlying information or technology ("Controlled Material") except in full compliance with all laws and regulations of the United States of America and any other applicable laws and regulations, including those of other countries.  Export classification information for SAS Software is located at http://support.sas.com/adminservices/export.html.  By accepting this Agreement, You affirm the following: (1) You are not a party to whom the United States of America prohibits access to the Controlled Material (e.g. a listed or debarred individual or an individual involved in the proliferation of biological, chemical, nuclear or other weapons of mass destruction) and (2) You are not engaged in any activities prohibited by the United States (e.g. terrorism), (3) You are not located in, under control of, or a national or resident of any country to which export or transfer of the Controlled Material is restricted or prohibited by the laws of the United States of America or other applicable laws and regulations (e.g. a country that is subject to a United States embargo), (4) You will not use the Controlled Material for any of the foregoing or any other prohibited purpose, and (5) You will not share the Controlled Material with a party meeting any of the foregoing.  You understand that countries other than the United States may restrict exports and imports and You agree to be solely responsible for compliance with any such import or use restriction which applies to the Controlled Material, including the laws of Your local jurisdiction.  

7. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.

7.1 SAS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME SAS MAY REMOVE THE SOFTWARE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SOFTWARE AT ANY TIME, WITHOUT NOTICE TO YOU.

7.2 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE DELIVERED TO YOU IS PROVIDED "AS IS" AND "AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

7.3 IN NO CASE SHALL SAS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE, REGARDLESS OF THE THEORY OF LIAIBLITY (CONTRACT, TORT, OR OTHERWISE), HOWEVER CAUSED, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SAS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. In no event shall SAS’ total liability to You for all damages (other than as may be required by applicable law) exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

7.4 SAS DOES NOT REPRESENT OR GUARANTEE THAT THE SOFTWARE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SAS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY SOFTWARE THAT IS STORED IN YOUR SYSTEM.

8. Indemnity.  YOU AGREE TO INDEMNIFY AND HOLD SAS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SOFTWARE, OR ANY ACTION TAKEN BY SAS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SAS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SOFTWARE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SAS’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

9. Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts of law rules, and of the United States of America. You expressly agree that exclusive jurisdiction for any claim or dispute with SAS or relating in any way to your use of the Software resides in the courts of the State or federal districts of North Carolina. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement.

10. Changes. SAS reserves the right, at any time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions (“Additional Terms”) on your use of the Software. Such Additional Terms will be effective immediately and incorporated into this Agreement. Your continued use of the Software following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into the Agreement by reference.

11. Miscellaneous. Questions, comments, or complaints regarding the Software that are not related to technical support should be directed to: SAS Institute Inc., 100 SAS Campus Drive, Cary, NC 27513, (919) 677-8000 or SAS.Apps@sas.com.

12. Complete Agreement.  This Agreement sets forth the entire agreement between You and SAS related to the Software and supersedes any communications, materials, or representations regarding the Software. This Agreement, and not any other default terms, applies to your use of the Software. No SAS employee or agent has authority to vary any of these terms except by a written amendment to this Agreement, which references this Agreement and is signed by both parties. If any provision of this Agreement shall be unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the enforceability of the remaining provisions.  

SSV/265MAY17

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