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WESTAT, INC. LICENSE AGREEMENT
THIS LICENSE AGREEMENT GOVERNS YOUR RIGHT TO USE CERTAIN SOFTWARE, TOOLS AND DOCUMENTATION USEFUL FOR THE OPERATION OF BLAISE PRODUCTS LICENSED BY WESTAT, INC THE SOFTWARE, TOOLS AND DOCUMENTATION TO WHICH THIS AGREEMENT APPLIES ARE THE PROPERTY OF WESTAT. BY CLICKING ON THE "I ACCEPT" LINK BELOW, DOWNLOADING, INSTALLING OR USING THESE ITEMS, YOU AND YOUR COMPANY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE PRODUCT. IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, CONTACT WESTAT AT blaise@westat.com.
1. LICENSE GRANT. Westat grants to Licensee, and Licensee accepts a nonexclusive, nontransferable, limited license to use the object code form of the software, tools and documentation that can be accessed and downloaded from the Shareware section. Licensee is authorized to use the Product only in connection with Licensee’s use of the Blaise Products and only for Licensee’s internal business purposes. Westat shall have no obligation to maintain, correct, support or update the Product.
2. RESTRICTIONS ON USE. Licensee shall not attempt to reverse engineer, decompile or disassemble the Product or to customize, modify, enhance or otherwise change or supplement the Product. Licensee shall not use the Product in a service-bureau, time-share or any other capacity on behalf of any third parties.
3. OWNERSHIP. Westat is the owner of all right, title and interest in and to the Product and all intellectual property rights therein. Licensee shall not obtain or claim any ownership interest in the Product, or any portion thereof, or any intellectual property rights therein.
4. DISCLAIMER OF WARRANTIES AND LIABILITY. THE ENTIRE RISK AS TO THE USE OR PERFORMANCE OF THE PRODUCT SHALL BE BORNE BY LICENSEE. THE PRODUCT IS DELIVERED "AS IS" AND WITHOUT ANY WARRANTY OR OTHER OBLIGATION. WESTAT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, WITH RESPECT TO THE PRODUCT, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WESTAT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE PRODUCT WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL WESTAT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT OR OTHERWISE RELATING TO THIS AGREEMENT, EVEN IF WESTAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.