End user license agreement—Supertree® and Sensitivity®

I accept this agreement and wish to download Supertree version 10.41

I decline this agreement

Return to previous page

NOTICE TO END USER: BY DOWNLOADING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, do not download and install this software.

In return for acquiring a license to use SmartOrg’s Supertree or Sensitivity decision support software (the "SmartOrg Software"), and for acquiring the accompanying documentation, you ("End User") agree as follows:

  1. License Grant. SmartOrg grants End User a non-exclusive, non-transferable license: (a) to use the SmartOrg Software on any single personal computer system located at End User's site, provided that such use is not in conjunction with any multi-user, network, shared file or shared disk multi-computer system unless such right has been specifically granted by SmartOrg in writing; and (b) to copy the SmartOrg Software solely for the purposes of installing it on End User's computer and for backup and archival storage. End User agrees to reproduce the same copyright and other proprietary notices appearing on the original SmartOrg Software on any copies. End User may not transfer, sell or distribute copies of the SmartOrg Software to others. End User may assign its rights under this Agreement to a third party provided the third party agrees in writing to be bound by the terms of this Agreement and End User transfers all copies of the SmartOrg Software and associated documentation to the third party or destroys any copies not transferred.
  2. No Other Rights. The SmartOrg Software is copyrighted by SmartOrg and its suppliers and is proprietary to SmartOrg and its suppliers, which retain ownership of the SmartOrg Software. The license granted above is not a sale of the SmartOrg Software, and except as stated above, this Agreement does not give End User any rights to patents, copyrights, trade secrets, trademarks or any other rights or licenses with respect to the SmartOrg Software and documentation. End User agrees to hold the SmartOrg Software and documentation in confidence and to take reasonable steps to prevent unauthorized copying or disclosure.
  3. No Modifications or Reverse Compilation. END USER MAY NOT MODIFY, TRANSLATE, DISASSEMBLE OR DECOMPILE THE SMARTORG SOFTWARE OR DOCUMENTATION OR ANY COPY, IN WHOLE OR IN PART.
  4. Limited Warranty. SmartOrg warrants only to End User (and not to any transferee) that the disk on which the SmartOrg Software is recorded is free of defects in materials and workmanship under normal use, and the SmartOrg Software will perform substantially in accordance with the accompanying documentation, for a period of ninety (90) days from the date of delivery to End User. If the SmartOrg Software does not perform substantially in accordance with the accompanying documentation, SmartOrg's entire liability and End User's exclusive remedy shall be, at SmartOrg's option, either (a) to return to End User the price paid for the SmartOrg Software or (b) to repair or replace the SmartOrg Software at no charge, if it is returned to SmartOrg at the address below along with proof of payment within ninety (90) days after End User acquired it. If the defect or nonconformance has resulted from accident, misuse, or misapplication of the SmartOrg Software, SmartOrg shall have no obligation to refund End User's license fee or repair or replace the SmartOrg Software.
    SmartOrg does not warrant that the SmartOrg Software is error-free or will operate without interruption. THE ABOVE WARRANTY IS THE ONLY WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE SMARTORG SOFTWARE AND ANY ASSOCIATED DOCUMENTATION MADE BY SMARTORG OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR LICENSING OF THE SMARTORG SOFTWARE AND DOCUMENTATION. SMARTORG DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY WITH RESPECT TO THE SMARTORG SOFTWARE AND ANY ASSOCIATED DOCUMENTATION.
  5. Limit of Liability. IN NO EVENT SHALL SMARTORG OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR LICENSING OF THE SMARTORG SOFTWARE BE LIABLE TO END USER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SMARTORG SOFTWARE, EVEN IF SMARTORG OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR LICENSING OF THE SMARTORG SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SMARTORG'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY END USER.
  6. Government End Users. If the SmartOrg Software is acquired directly or indirectly on behalf of a unit or agency of the United States Government, this provision applies.
    (a) For civilian agencies: The SmartOrg Software (1) was developed at private expense; is existing computer software and no part of it was developed with government funds; (2) is a trade secret of SmartOrg for all purposes of the Freedom of Information Act; (3) is "restricted computer software" submitted with restricted rights in accordance with subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights clause at 52.227-19 of the Federal Acquisition Regulations ("FAR") and its successors and as expressly stated in SmartOrg's standard commercial agreement incorporated into the contract or purchase order between SmartOrg and the government entity; (4) in all respects is proprietary data of SmartOrg; and (5) is unpublished and all rights are reserved under the copyright laws of the United States.
    (b) For units of the Department of Defense "(DoD)": The SmartOrg Software is licensed only with "Restricted Rights" as that term is defined in the DoD Supplement to the FAR, clause 52.227-7013(c)(1)(ii), Rights in Technical Data and Computer Software and its successors, and use, duplication or disclosure is subject to the restrictions set forth therein. SmartOrg, 855 Oak Grove Avenue, Suite 202, Menlo Park, CA 94025.
  7. Support. Purchase of the Professional Version entitles you to:
    (a) Customer support and service. SmartOrg provides customer support and service, including replacements.
    (b) Product upgrades and exchanges. End Users are eligible to obtain licenses for new versions of the SmartOrg Software if and when the are introduced, at special upgrade or exchange prices. SmartOrg has no obligation to enhance or upgrade the SmartOrg Software or to provide such enhancements or upgrades to End User.
  8. Choice of Law. This Agreement will be governed by the laws of the state of California as applied to transactions taking place wholly within California between California residents.
  9. Term. End User may terminate this Agreement and the license it grants at any time by destroying the SmartOrg Software and documentation and all copies or by returning them to SmartOrg. SmartOrg has the right to terminate this Agreement and the license it grants immediately if End User fails to comply with any term or condition of this Agreement. End User agrees that upon any such termination by SmartOrg, End User will destroy the SmartOrg Software and documentation and all copies.
  10. Integration. This is the entire agreement between SmartOrg and End User which supersedes any prior agreement, whether written or oral, and any other communications between SmartOrg and End User relating to the subject matter of this Agreement. This Agreement may be modified only by a written document signed by SmartOrg and End User.
  11. Communications. If you have any questions about this Agreement, or if you desire to contact SmartOrg for any reason, please write or fax: SmartOrg, 855 Oak Grove Avenue, Suite 202, Menlo Park, California 94025. Telephone: 650-470-0188. Fax: 650-328-1612.

 

 

Supertree  and Sensitivity  are trademarks of SmartOrg, Inc. All other products mentioned are registered trademarks or trademarks of their respective companies.

Questions or problems regarding this web site should be directed to pmcnamee@smartorg.com .
Copyright © 2009  SmartOrg, Inc. All rights reserved.