By downloading or using this software application or accompanying documentation, you agree to the following terms and conditions.
Agreement
This License Agreement ("Agreement"), a legal agreement between you, either an individual or a single entity ("You") and Westat, Inc., a Delaware corporation with a principal office located 1600 Research Blvd, Rockville, MD (hereinafter, "Westat") governing Your use of Westat's DailyTrip software (the "Application"), and any associated documentation.
License Grant
Subject to the limitations and restrictions provided in this Agreement, Westat grants You a limited, non-exclusive, non-sublicensable, non-transferable, worldwide license, to install and use the Application in accordance with the terms and conditions of this Agreement. You are granted no other rights or licenses, by implication, or estoppel, or otherwise, under any patents or other intellectual property rights.
No Warranties
The Application is provided on an "AS IS" basis and to the maximum extent permitted by applicable law, this Application is provided AS IS AND WITH ALL FAULTS, and the authors and developers of this Application and Westat hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THIS MATERIAL.
Limitation of Liability
IN NO EVENT WILL ANY AUTHOR, DEVELOPER, LICENSOR, OR DISTRIBUTOR OF THIS MATERIAL OR WESTAT BE LIABLE TO ANY OTHER PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT RELATING TO THIS MATERIAL, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property Rights
This Application contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application, in any manner,
Indemnification
You agree to defend, indemnify and hold Westat, our officers, directors, employees and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Application; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Application. This defense and indemnification obligation will survive this Agreement.
General
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Your rights under this Agreement shall terminate if you fail to comply with any of the material terms or conditions of this Agreement and do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all your rights under this Agreement terminate, you agree to cease use of the Application and any derivative works thereof immediately.
Applicable Law
This Agreement shall be governed by, and construed in accordance with, the laws of the state of Maryland, without regard to conflict of laws principles. Legal proceedings, if any, shall be subject to the exclusive jurisdiction of the courts of Maryland.
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