INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST IMMEDIATELY CEASE USE OF THE SOFTWARE AND IN THE CASE OF THE SAFTE-FAST CONSOLE, DELETE THE SOFTWARE FROM THE HARDWARE IN WHICH IT WAS INSTALLED. YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THE MASTER SERVICES AGREEMENT.
1. Ownership. IBR shall own all right, title and interest in and to this software (the “Software”) and related Intellectual Property Rights. For the avoidance of doubt, (a) the Intellectual Property Rights in the software include its source code, documentation and any other components comprising the software shall remain vested in IBR, (b) the Intellectual Property Rights in any interfaces that may be created by IBR for or on behalf of Customer to enable the software to interface with other software programs or databases of the Customer shall remain vested in IBR.
2. License. Subject to the terms and conditions set forth herein and solely during the Term of the Agreement with Customer, IBR grants Customer a non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the software and related Intellectual Property Rights, as the case may be, solely for Customer’s internal business purposes, as further limited by any terms and conditions set forth in the Master services Agreement and/or Schedules.
3. Restrictions. All rights not expressly stated herein are reserved by IBR and IBR disclaims any and all implied licenses. Without limiting the foregoing, Customer shall not (i) reverse engineer, decompile, reverse assemble, reverse compile, modify, translate, adapt, disassemble or otherwise access the software or any parts thereof; (ii) make derivative works and/or copies (other than copies in the ordinary course of disaster recovery) of the software, (iii) license, distribute, sublicense, disclose, lease, sell, rent, loan, transfer, disclose, publicly perform or display, pledge as security, assign, co-brand, frame, permit third parties to link or interface with, the software, or any parts thereof; and/or (iv) access the software through means other than the means provided by IBR or otherwise interfere with or disrupt the operation of the software or servers or networks used to make the software, available to users, or violate any requirements, procedures, policies or regulations of networks connected to the software. Customer further agrees that it shall not use IBR’s name, its trademarks or refer to IBR or its products directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of IBR for each such use. Customer may not release the results of its use of the software, any performance or functional evaluation of any software, or any feedback to any third party without prior written approval of IBR for each such release.
4. DISCLAIMER. IBR PROVIDES THE SOFTWARE ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IBR DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS, STATUTORY AND/OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.
Last Edited on 2020-07-15
SAFTE-FAST is a product of the Institutes for Behavior Resources, Inc., with rights to U.S. patents 6,579,233 and 7,118,530 and the FAST trademark under license from Fatigue Science.