Analyst Desktop Edition: Trial Download

One View Analyst

Desktop Edition: Trial Download

Before downloading One View Analyst software you must agree to the following license:

END USER LICENSE AGREEMENT
	    
This End User License Agreement is a binding contract between you and SRA International, Inc. (hereinafter "SRA").   Your use of this Software is governed by the terms and conditions herein.  If you do not agree to be bound by the following use restrictions, you are not authorized to use this Software.  In addition, there may be license agreements relating to third-party software embedded in the Software.  Such licenses are contained in the "..third-party-licenses.txt" file, and you are instructed to read those agreements prior to using the Software.

(a) Scope.  You are granted a nonexclusive license in the United States to install, store, load, execute and display (collectively, "Use") the Software for your internal Use.  The Software shall be used only within the territory of the United States. The Software shall not be used in any service bureau or time-sharing arrangements.

(b) Other Restrictions. You may not rent, lease, or sublicense the license provided hereunder, the Software, or any accompanying documentation.  You may redistribute the Software without charging a fee for the Software itself, as long as you provide the User Manual and this Agreement along with the Software. You may not attempt to modify, decompile, disassemble, or reverse engineer the Software. You shall not cause or permit unauthorized copying, reproduction or disclosure of any portion of the Software or any of its accompanying documentation or the delivery or distribution of any part thereof to any third party or entity, for any purpose whatsoever, without the prior written consent of Licensor. You shall not alter or remove from any Software or associated Documentation any proprietary, copyright, trademark or trade secret legend.

(c)  Program Code & Documentation. The Software shall be provided to You and Used solely in machine-readable object code format. You shall be provided one (1) copy of "Documentation" describing in reasonable detail understandable by a programmer of general proficiency the use and operation of the Software. The Documentation may be reproduced by You solely for purposes of Your authorized use of the Software.

(d)   Permission to Copy the Software. You may make such backup copes of the Software as are reasonably necessary and in keeping with Your standard backup procedures. The original and any copies that You make of the Software and other materials, in whole or in part, are SRA's property and subject to the terms of the Agreement. You shall not permit any personnel to remove any proprietary legends or restrictive notices contained or included in any materials provided by SRA under the Agreement, and You shall not permit any personnel to copy or modify any such materials except as specifically authorized hereunder.

(e)   Proprietary Rights. The Software is owned or licensed by SRA and is protected by United States copyright laws and international treaty provisions. You acknowledge that the Software, its enhancements and modifications, major and minor releases, derivative works, and all supporting documentation constitute valuable proprietary property of SRA or its licensors and that all title and ownership rights in the Software and related materials remain exclusively with SRA or its licensors. SRA or its licensors reserve all rights with respect to the Software, its enhancements and modifications, major and minor releases, derivative works and all supporting documentation under all laws of the United States of America and other jurisdictions designated for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks, service marks, and patents.

(f) Injunctive Relief. You acknowledge that violation of this Agreement would cause irreparable harm to SRA not adequately compensable by monetary damages. In addition to other relief, You agree that injunctive relief, without any requirement for posting bond, shall be available to prevent any actual or threatened violation of this Agreement.

(g)  Warranty Disclaimer.  THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS.  SRA AND ITS LICENSORS HEREBY DISCLAIM WITH RESPECT TO ALL SOFTWARE PROVIDED HEREUNDER, AND ANY APPLICATIONS CREATED THROUGH USE OF THE SOFTWARE, ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES ARISING FROM THE COURSE OF DEALING, PERFORMANCE OR USAGE OF THE TRADE.

(i)  Limitation of Liability. SRA AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, OR FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT OR BUSINESS INTERRUPTION EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY) ARISING OUT OF OR PERTAINING TO THE SOFTWARE.

(j)   You agree to indemnify, defend and hold harmless SRA and its licensors, their affiliates,  and their respective directors, officers, employees, agents and assigns, as applicable, against any and all claims, damages, losses and expenses (including reasonable attorneys' fees), as incurred, arising from or in connection with or otherwise with respect to any claim, demand or legal action by Your client, potential client, employee, consultant, independent contractor or agent (or any of Your affiliates), or by a third party, related directly or indirectly to Your use of or failure to use the Software for any purpose, except to the extent such claim arises from SRA's infringement of a third party's intellectual property rights, negligence or willful misconduct.  SRA shall notify You in writing of the Third Party Claim within ten (10) business days after receipt of written notice of the Third Party Claim; provided however, that failure to give such notification shall not affect the above indemnification except to the extent You shall have been actually prejudiced as a result of such failure.  SRA may, at its option, conduct the defense in any such Third Party Claim (subject to reimbursement by You of actual expenses incurred therewith), and You agree to cooperate fully with such defense.

(k)  Audit. SRA or its representatives may conduct an on-site audit with reasonable notice to You during regular business hours, no more than twice a year, of Your compliance with the use restrictions in the Agreement. If any such audit shows that You have breached this Agreement, without limitation of Licensor's other remedies, SRA may immediately terminate this Agreement.

(l) Applicable Law and Arbitration.   The Agreement will be governed by the laws of the Commonwealth of Virginia, exclusive of its choice of law rules.   Disputes shall be resolved informally between You and SRA.  In the event the parties are not able to resolve a dispute, such shall be submitted to an arbitrator having experience in the field of software licensing law. All proceedings shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and held in the Commonwealth of Virginia. The award of the arbitrators shall include a written explanation of their decision, shall not extend beyond the remedies expressly provided for under this Agreement and shall be binding upon the parties and enforceable in any court of competent jurisdiction.

(m)  Termination. SRA may terminate the license for the Software if You fail to comply with the obligations and restrictions under this Agreement and do not cure within ten (10) days of notice from SRA. For breaches of scope of use or proprietary rights, SRA shall also have the right, without penalty and without affecting any other rights and remedies SRA may have, to terminate this Agreement immediately upon written notice to You.  Upon expiration or termination of the Agreement, regardless of reason, You shall destroy and certify to SRA in writing as to the destruction of the original Software and related materials, as well as all copies and derivative works thereof.  	Termination of this Agreement shall not relieve You from Your obligation to comply with all the terms of this Agreement which call for performance prior or subsequent to the termination date, including Your obligation to protect proprietary and/or confidential information and to destroy the Software and other materials as provided in this Agreement.

(n)  Export/Import.  	The Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries.  Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import the Software. Licensee shall indemnify and hold harmless SRA from liability for any and all costs, damages and expenses as a result of any failure of Licensee to comply with such export laws.

(o)  U.S. Government Rights.  	The Software was developed at private expense.  Use, duplication or disclosure of the Software by the United States government is subject to the restrictions as set forth in the Commercial Computer Software -- Restricted Rights Clause at FAR 52.227-19(c) (2), FAR 52.227-14 (Alt. III), DFARS 252.227-7013 and/or DFARS 252.227-7014, as applicable.

(p) Rights Retained.  Any and all rights not expressly granted to You herein are retained by SRA.

(q) Entire Agreement.  This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes and cancels all previous negotiations, agreements, representations, commitments, and writings with respect thereto and may not be released, discharged, changed or modified in any manner, except by instrument in writing signed by duly authorized officers or representatives of each of the parties hereto.

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