End User License Agreement v0.3 - 5 May 2011 Copyright (C) 2009 eXiT*CBR, Universitat of Girona. TERMS AND CONDITIONS 0 Definitions "eXiT*CBR" refers to us, the licensors. "eXiT*CBR software" refers to any copyrightable work licensed under this License: the main program and all its plugins. "you" refers to specifically to you, the addressed licensee. 1 License and Restrictions 1.1 License Subject to the terms of this Agreement, eXiT*CBR hereby grants you a limited, personal, non-commercial, non- exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the eXiT*CBR software on your computer. 1.2 No Granting of Rights to Third Parties You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the eXiT*CBR software or any part thereof. 1.3 No Modifications You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the eXiT*CBR Software or any part thereof except to the extent permitted by section 1.7 'Use of eXiT*CBR API'. 1.4 Third Parties The eXiT*CBR software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any and all other third Party software or technology that may be distributed together with the eXiT*CBR software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with eXiT*CBR or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to eXiT*CBR or its Affiliates to enforce any of your rights. 1.5 Exclusive Ownership Any and all IP Rights in the eXiT*CBR software, the eXiT*CBR Website, the eXiT*CBR Online Material and the eXiT*CBR Promotional Materials are and shall remain the exclusive property of eXiT*CBR and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, you. You are only entitled to the limited use of the IP Rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with eXiT*CBR’s IP Rights. Any unauthorized use of eXiT*CBR’s IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the eXiT*CBR Software, but may be accessed through use of the eXiT*CBR Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. 1.6 No Removal of Notices You agree that you will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or eXiT*CBR’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials. 1.7 Use of eXiT*CBR API. 1.7.1 You may make use of the eXiT*CBR API provided that: (i) You comply with the eXiT*CBR API Terms of Use described at the corresponding file; (iii) You will monitor the eXiT*CBR Website in order to ensure that You are aware of any changes in the eXiT*CBR API Terms of Use. If such changes are not acceptable to you, you will immediately stop using the eXiT*CBR API and, where applicable, the eXiT*CBR software. 1.7.2 Te only valid propose for the use of the eXiT*CBR API has to be for research and development inside an academic framework, and never with the intend of creating a private application. 1.7.3 If You are interested in using the eXiT*CBR API for a purpose which is not permitted under this Agreement or the eXiT*CBR API Terms of Use, you will have to obtain eXiT*CBR’s prior written consent and explicitly agree upon any further commercial terms. 1.8 eXiT*CBR Promotional Materials Nothing in this Agreement will give you any right to use the eXiT*CBR Promotional Materials. 2 What You should and should not expect from eXiT*CBR 2.1 No Warranties Installing eXiT*CBR software enables you to perform CBR tests and investigation. eXiT*CBR cannot guarantee... ... the right installation. ... the performance neither the eXiT*CBR software or your workstation (or other applicable device). ... the results that eXiT*CBR software returns. ... the proper functioning of the third party software. 2.2 New Versions of the eXiT*CBR software eXiT*CBR, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the eXiT*CBR software. eXiT*CBR has no obligation to make available to you any subsequent versions of the eXiT*CBR software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the eXiT*CBR software. 2.3 Suspension eXiT*CBR may, in its sole discretion and to the maximum extent permitted within your jurisdiction, modify or discontinue or suspend your ability to use any version of the eXiT*CBR software, and/or disable any eXiT*CBR software you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at eXiT*CBR discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. 3 What we expect from You 3.1 Lawful purposes You will use the eXiT*CBR software solely for lawful purposes. In this respect you may not, without limitation (a) use any type of spider, virus, worm, trojan- horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the eXiT*CBR software; (b) use eXiT*CBR software for any illegal purpose or procedure. (c) use eXiT*CBR software for any commercial purpose. 3.2 Representations You represent and warrant that you are authorized to enter into and comply with the Terms. Furthermore, you represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the eXiT*CBR software. 3.3 Indemnification YOU AGREE TO INDEMNIFY, DEFEND AND HOLD eXiT*CBR AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE eXiT*CBR SOFTWARE. 3.4 Utilization of Your Computer If your use of the eXiT*CBR software is dependent upon the use of a processor owned or controlled by a third party, you acknowledge and agree that your license to use the eXiT*CBR software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the eXiT*CBR software, you have obtained such consent. 4 Term, Termination, Updates 4.1 Term This agreement will be effective and will remain effective until terminated by either eXiT*CBR or you as set out below. 4.2 Termination You may terminate the Terms with immediate effect at any time. Without limiting other remedies, eXiT*CBR may limit, suspend, or terminate this license and your use of eXiT*CBR software, with immediate effect, automatically and without recourse to the courts, if we think that you are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. 4.3 Consequences of Termination On termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the eXiT*CBR software shall immediately terminate; (b) You will immediately cease any and all use of the eXiT*CBR software; (c) You will immediately remove the eXiT*CBR software from all hard drives, networks and other storage media and destroy all copies of the eXiT*CBR software in your possession or under your control. 4.4 New Versions eXiT*CBR reserves the right to change this Agreement at any time by publishing the revised Agreement on the eXiT*CBR Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless you expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or your continued use of the eXiT*CBR software after expiry of the notice period of thirty (30) days, shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://exit.udg.edu/applications/exitdm.aspx. 5 Disclaimer of Warranties and Limitation of Liability 5.1 No Warranties THE eXiT*CBR SOFTWARE IS PROVIDED ''AS IT IS'' WITH NO WARRANTIES WHATSOEVER; eXiT*CBR DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE eXiT*CBR SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. eXiT*CBR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE eXiT*CBR SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES eXiT*CBR WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE eXiT*CBR SOFTWARE. 5.2 Your own Risk You acknowledge and agree that the entire risk arising out of Your use of the eXiT*CBR software remains with you, to the maximum extent permitted by law. 5.3 No Liability The eXiT*CBR software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT eXiT*CBR, ITS AFFILIATES, ITS LICENSORS AND THE eXiT*CBR STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE eXiT*CBR SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE eXiT*CBR SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH eXiT*CBR SOFTWARE. 7. Additional Terms 7.1 eXiT*CBR API. You are not allowed to use the eXiT*CBR API unless You comply with the APITerms at http://exitcbr.udg.edu/ (work in progress)