Stat-Ease License Agreements

Please refer to the appropriate license agreement below:

A. Stat-Ease Software Individual License Agreement
B. Stat-Ease Software Annual License Agreement

A. Stat-Ease Software Individual License Agreement

By installing, loading or using the attached Stat-Ease, Inc. (STAT-EASE) software, you (the
user) agree with all the terms of this licensing agreement (the Agreement). This Agreement
must be retained by you as proof of license to exercise the rights granted herein.
1. COPYRIGHT: This software is protected by United States Copyright Law and international
treaty provisions. Therefore, you must treat this software like any other copyrighted
Material (such as a book), except that you may make archival copies of the software (or
transfer the software to a hard disk and keep the original media as backup) for the sole
purpose of protecting your investment from loss. You may not copy the written Materials
accompanying the software. STAT-EASE owns all rights, title, copyright, and other
intellectual property rights in the software. The software is licensed, not sold.
2. MEDIA: Upgrades, as applicable, and subject to Section 15 hereof, are provided via CD-
ROM, Master CD, diskette, Internet, and/or other delivery method at STAT-EASEs sole
discretion. Updates and related documentation (if any) shall be released by STAT-EASE at
its sole discretion and may be made available for delivery via any of the methods listed
above. The installation, use, acceptance or delivery of any Upgrades, Updates, or other
documentation, data or materials provided with STAT-EASE software shall be bound by and
subject to this Agreement.
3. PAYMENT, DELIVERY & ACCEPTANCE: Unless otherwise indicated on the Invoice for
your initial purchase of the software, and annual maintenance as provided in Section 15
hereof, any applicable Software Fees, Taxes, Insurance, Customs Fees, and Shipping and
Handling Fees are your responsibility. Unless within 10 days of the Invoice date you notify
us in writing of any discrepancy between the Materials you ordered and those you received,
you are deemed to have accepted delivery.
4. TERM & TERMINATION: The Term of this Agreement starts when the software is activated
and continues in perpetuity. If you breach this Agreement and fail to remedy this breach
within 30 days after written notice thereof, STAT-EASE may terminate the Agreement
without further notice and avail itself of all rights and remedies available as a result of such
breach. Upon termination of the Agreement for any reason, you must immediately cease
using the software and Materials, remove them from all computers and other devices under
your control, and destroy all media containing the software and Materials.
5. UPGRADES: When you upgrade an older version of your software to a newer version,
whether it was purchased or sent to you as part of a license agreement or other
arrangement, you are no longer licensed to use the older version. Once verifying that the
new version is correctly installed, you must uninstall the previous version. This requirement
does not apply to software updates.
6. LIMITATIONS: STAT-EASE has no obligation to support altered, damaged, or modified
versions of the software, nor to remedy problems caused by:
a) Your negligence, abuse, or misapplication of the software,
 b) Use of the software other than as specified in STAT-EASE documentation,
c) Hardware malfunctions,
d) Software not licensed by STAT-EASE, or
e) Non-current versions of the software.
STAT-EASE has no obligation to resolve your issues if you fail to reasonably cooperate. All
support is provided in the English language.
7. INTENDED USE: This software must be used as intended by STAT-EASE. Any deviation
from such use shall release STAT-EASE from any and all liability.
8. LIMITATIONS ON USE: This software may be used by one user, and may be freely moved
by that user from one computer to another, so long as there's no possibility of it being used
concurrently.
9. TRANSFER OF SOFTWARE: You may not download or transmit the software electronically
from one computer to another, except as may be specifically allowed in using software on a
network. You may transfer all of your rights to use the software to another person, provided
that you convey all the original media and documentation, destroy all backup copies, and
notify STAT-EASE of the new owners registration information. Prior to transfer, the end-
user, through installing, loading, or using STAT-EASE software, agrees to all of the terms in
this License Agreement.
10. WARRANTY: Concerning the physical media enclosed herein, STAT-EASE warrants it to be
free of defects in materials and workmanship for 90 days from the date of purchase. In the
event of notification within the warranty period of defects in material or workmanship, STAT-
EASE will replace the defective media or documentation. The exclusive remedy for breach
of this warranty shall be limited to replacement and shall not encompass any other
damages, including but not limited to loss of profit, special, incidental, consequential, or
other similar claims and shall apply to the maximum extent permitted by law, even if the
remedy fails its essential purpose.
11. DISCLAIMER OF WARRANTIES: STAT-EASE PROVIDES NO WARRANTIES OR
REMEDIES FOR THE SOFTWARE EXCEPT AS PROVIDED IN SECTION 10. STAT-
EASE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESSED
OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL STAT-EASE BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR
ATTORNEY FEES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE OPERATION OF THE SOFTWARE,
REGARDLESS OF THE PARTICULAR APPLICATION, USE OR PURPOSE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF STAT-EASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
STAT-EASE DOES NOT WARRANT THAT USE OF THE SOFTWARE AND/OR
DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. IF APPLICABLE LAW
REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH
 WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF
PURCHASE.
12. BINDING ARBITRATION: Any dispute or controversy between the parties to this
Agreement which cannot be resolved by mutual agreement of the parties hereto, shall be
settled by arbitration in accordance with the commercial rules then in effect of the American
Arbitration Association (AAA). The place of such arbitration shall be the State of
Minnesota, City of Minneapolis, Hennepin County. The arbitrators proposed by the AAA
shall be knowledgeable in software licensing matters. The arbitration decision and award
shall be binding on the parties, and judgment thereon may be entered in any court of
competent jurisdiction.
13. DISPUTES: In the event a dispute between the parties hereunder with respect to this
License Agreement that must be resolved by arbitration as noted in Section 12 above, the
prevailing party shall be entitled to receive reimbursement for all associated reasonable
attorneys fees and costs of collection from the other party.
14. GOVERNING LAW: This License Agreement shall be governed by and construed under the
laws of the State of Minnesota. The parties consent to the exclusive jurisdiction and venue
of the state and federal courts in Hennepin County, Minnesota, if the claim is not arbitrable
pursuant to Section 12 of this Agreement.
15. ANNUAL SOFTWARE MAINTENANCE: The following software maintenance services are
included with the original purchase of the software for a period of one year from the date of
purchase: (i) subsequent enhancements; (ii) fixes for known issues. These services
subsequently become subject to an annual software maintenance charge as determined by
STAT-EASE. During the first year following your original purchase of the software and for
each year during which you pay the required annual maintenance charge, STAT-EASE will
provide technical support to you for the software by telephone or e-mail, including all
available fixes for known issues, and their interaction with supported hardware and
operating systems. The foregoing annual maintenance program does not include: (i)
services to debug your code; (ii) creating any reports for you; (iii) providing any training
services you may require; or (iv) providing any other consulting services, including
installation, deployment or integration services. STAT-EASE reserves the right to
discontinue, in whole or in part, and at any time, offering the foregoing software
maintenance and support services and/or technical support for any software.
THIS LICENSE AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN
THE PARTIES HERETO. IT IS HIGHLY RECOMMENDED THE END USER READ THIS
LICENSE AGREEMENT CAREFULLY AND DISCUSS ANY QUESTIONS OR CONCERNS
REGARDING THE TERMS OF THE LICENSE AGREEMENT WITH AN ATTORNEY.
B. Stat-Ease Software Annual License Agreement
By installing, loading or using the attached Stat-Ease, Inc. (STAT-EASE) software, you (the
user) agree with all the terms of this licensing agreement (the Agreement). This Agreement
must be retained by you as proof of license to exercise the rights granted herein.
1. COPYRIGHT: This software is protected by United States Copyright Law and international
treaty provisions. Therefore, you must treat this software like any other copyrighted Material
(such as a book), except that you may make archival copies of the software (or transfer the
software to a hard disk and keep the original media as backup) for the sole purpose of
protecting your investment from loss. You may not copy the written Materials accompanying
the software. STAT-EASE owns all rights, title, copyright, and other intellectual property
rights in the software. The software is licensed, not sold.
2. MEDIA: Upgrades, as applicable, and subject to Section 15 hereof, are provided via CD-
ROM, Master CD, diskette, Internet, and/or other delivery method at STAT-EASEs sole
discretion. Updates and related documentation (if any) shall be released by STAT-EASE at
its sole discretion and may be made available for delivery via any of the methods listed
above. The installation, use, acceptance or delivery of any Upgrades, Updates, or other
documentation, data or materials provided with STAT-EASE software, shall be bound by and
subject to this Agreement.
3. PAYMENT, DELIVERY & ACCEPTANCE: Unless otherwise indicated on the Invoice, any
applicable Software Fees, Taxes, Insurance, Customs Fees, and Shipping and Handling
Fees are your responsibility. Unless within 10 days of the Invoice date you notify us in
writing of any discrepancy between the Materials you ordered and those you received, you
are deemed to have accepted delivery.
4. TERM & TERMINATION: The Initial Term of this Agreement starts when the software is
activated. The Initial Term shall continue for the period set forth in the invoice. Provided
that you pay all fees on a timely basis and do not terminate the Agreement at least 30 days
prior to the expiration of the Initial Term or any Renewal Term, this Agreement shall
automatically renew for successive terms (each a Renewal Term). The Agreement may be
terminated at any time by delivery of written notice to STAT-EASE, although you thereby
forego all prepaid Fees. If you breach this Agreement and fail to remedy this breach within
30 days after written notice thereof, STAT-EASE may terminate the Agreement without
further notice and avail itself of all rights and remedies available as a result of such breach.
Upon expiration or termination of the Agreement for any reason, you must immediately
cease using the software and Materials, remove them from all computers and other devices
under your control, and destroy all media containing the software and Materials.
5. UPGRADES: When you upgrade an older version of your software to a newer version,
whether it was purchased or sent to you as part of a license Agreement or other
arrangement, you are no longer licensed to use the older version. Once verifying that the
new version is correctly installed, you must uninstall the previous version. This requirement
does not apply to software updates.
6. LIMITATIONS: STAT-EASE has no obligation to support altered, damaged, or modified
versions of the software, nor to remedy problems caused by:
a) Your negligence, abuse, or misapplication of the software,
 b) Use of the software other than as specified in STAT-EASE documentation,
c) Hardware malfunctions,
d) Software not licensed by STAT-EASE, or
e) Non-current versions of the software.
STAT-EASE has no obligation to resolve your issues if you fail to reasonably cooperate. All
support is provided in the English language.
7. INTENDED USE: This software must be used as intended by STAT-EASE. Any deviation
from such use shall release STAT-EASE from any and all liability.
8. LIMITATIONS ON USE (NETWORK LICENSES): This software may be accessed by any
number of individuals so long as theres no possibility of it being used concurrently by more
than the number of people licensed to its serial number. The software includes a metering
program to assure that the limitation will not be violated. If you are using your own metering
system, you must meter use to assure that the limitation will not be violated. Networked
software cannot be copied to any individual computer capable of operation on a stand-alone
basis.

LIMITATIONS ON USE (SINGLE-USER LICENSES): This software may be used by one

person, and may be freely moved by that person from one computer to another, so long as
there's no possibility of it being used concurrently.
9. TRANSFER OF SOFTWARE: You may not download or transmit the software electronically
from one computer to another, except as may be specifically allowed in using software on a
network. You may not transfer, market, distribute, rent or lease, or sub-license this software
to any other person or entity.
10. WARRANTY: Concerning the physical media enclosed herein, STAT-EASE warrants it to be
free of defects in materials and workmanship for 90 days from the date of purchase. In the
event of notification within the warranty period of defects in material or workmanship, STAT-
EASE will replace the defective media or documentation. The exclusive remedy for breach
of this warranty shall be limited to replacement and shall not encompass any other
damages, including but not limited to loss of profit, special, incidental, consequential, or
other similar claims and shall apply to the maximum extent permitted by law, even if the
remedy fails its essential purpose.
11. DISCLAIMER OF WARRANTIES: STAT-EASE PROVIDES NO WARRANTIES OR
REMEDIES FOR THE SOFTWARE EXCEPT AS PROVIDED IN SECTION 10. STAT-EASE
SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESSED OR
IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL STAT-EASE BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ATTORNEY
FEES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE OPERATION OF THE SOFTWARE, REGARDLESS OF THE
PARTICULAR APPLICATION, USE OR PURPOSE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STAT-EASE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STAT-EASE DOES NOT
WARRANT THAT USE OF THE SOFTWARE AND/OR DOCUMENTATION WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
 THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE
REMAINS WITH YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION
TO 90 DAYS FROM THE DATE OF PURCHASE.
12. BINDING ARBITRATION: Any dispute or controversy between the parties to this Agreement
which cannot be resolved by mutual agreement of the parties hereto, shall be settled by
arbitration in accordance with the commercial rules then in effect of the American Arbitration
Association (AAA). The place of such arbitration shall be the State of Minnesota, City of
Minneapolis, Hennepin County. The arbitrators proposed by the AAA shall be
knowledgeable in software licensing matters. The arbitration decision and award shall be
binding on the parties, and judgment thereon may be entered in any court of competent
jurisdiction.
13. DISPUTES: In the event a dispute between the parties hereunder with respect to this
License Agreement that must be resolved by arbitration as noted in Section 12 above, the
prevailing party shall be entitled to receive reimbursement for all associated reasonable
attorneys fees and costs of collection from the other party.
14. GOVERNING LAW: This License Agreement shall be governed by and construed under the
laws of the State of Minnesota. The parties consent to the exclusive jurisdiction and venue
of the state and federal courts in Hennepin County, Minnesota, if the claim is not arbitrable
pursuant to Section 12 of this Agreement.
15. SOFTWARE MAINTENANCE: As long as your license is current, the following software
maintenance services are included for the term set forth in the invoice: (i) subsequent
enhancements; (ii) fixes for known issues. STAT-EASE will provide technical support to you
for the software by telephone or e-mail, including all available fixes for known issues, and
their interaction with supported hardware and operating systems. This does not include: (i)
services to debug your code; (ii) creating any reports for you; (iii) providing any training
services you may require; or (iv) providing any other consulting services, including
installation, deployment or integration services. STAT-EASE reserves the right to
discontinue, in whole or in part, and at any time, offering the foregoing software services
and/or technical support for any software.
THIS LICENSE AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN
THE PARTIES HERETO. IT IS HIGHLY RECOMMENDED THE END USER READ THIS
LICENSE AGREEMENT CAREFULLY AND DISCUSS ANY QUESTIONS OR CONCERNS
REGARDING THE TERMS OF THE LICENSE AGREEMENT WITH AN ATTORNEY.