IMPORTANT – READ CAREFULLY: THIS IS A LICENSE ONLY TO USE THIS SOFTWARE IN ACCORDANCE WITH THE APPLICABLE TERMS CONTAINED IN THIS AGREEMENT. MINITAB, INC. (“MINITAB”) OWNS THIS SOFTWARE. YOU DO NOT OWN THIS SOFTWARE. YOU DO NOT HAVE, ACQUIRE, OR OBTAIN ANY OWNERSHIP, PROPERTY RIGHTS OR TANGIBLE INTEREST IN THIS SOFTWARE.
Terms and Conditions
1. You are granted a non-exclusive, personal, limited license to install and use this Software in perpetuity on any computer, subject to the terms, conditions, restrictions, and limitations contained herein.
2. This Software is protected by copyright, trademark, and other Minitab and third party intellectual property rights. Your rights to use the Software are only as specified in this Agreement, and Minitab reserves all rights not expressly granted to You in this Agreement. Nothing in this Agreement constitutes a waiver by Minitab of any rights under U.S. or international copyright laws or any other international, federal, or state law.
3. You may not copy, disassemble, decompile, or reverse engineer this Software or otherwise attempt to recreate this Software or any functionality or capability of this Software, except to the extent applicable laws specifically prohibit such restriction.
4. You may not knowingly accept this Agreement or use this Software if doing so would be in violation of any current U.S. embargo as listed with the United States Office of Foreign Assets Control. You may not knowingly transmit or ship, directly or indirectly, this Software to any Country, entity or individual prohibited by U.S. export law, or in violation of any then-current U.S. embargo as listed with the United States Office of Foreign Assets Control. This Software may not be exported without the appropriate export license as may be applicable.
5. Governmental use, duplication, or disclosure of this Software is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 et seq. and DFARS 252.227-7015, and subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227- 19, as applicable, and other similar clauses as may be applicable. Manufacturer/Contractor/Licensor is: Minitab, Inc., Quality Plaza, 1829 Pine Hall Road, State College, Pennsylvania 16801, USA.
6. Minitab may terminate this Agreement and Your Software license for any material breach of this Agreement by You.
7. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, and You hereby expressly exclude the application of conflicts of laws provisions or the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. If, for any reason, any provision of this Agreement is held invalid, such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full extent allowed by law.
DISCLAIMER OF ALL WARRANTIES
THIS SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING DUTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SUPPORT OR MAINTENANCE, OR ARISING AS A RESULT OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
NO LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINITAB BECOME LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSS OR DAMAGES, WHETHER INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL OR OTHERWISE, ARISING FROM YOUR USE OF OR INABILITY TO USE THIS SOFTWARE, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF TIME, MONEY, DATA OR GOODWILL, EVEN IF MINITAB HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
[Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation may not apply to you.]
