INDIVIDUAL USER EXPRESS LICENSE AGREEMENT
Spectral-Ripple Resolution Assessment for Cochlear Implant Users is a software program intended for use by healthcare professionals or auditory scientists that permits easy measurement of spectral ripple discrimination in a normal hearing, hearing impaired or cochlear implant listener (“Work”). The Work is licensed to individuals involved in otolaryngology, hearing sciences, audiology, health care, ("You") by the University of Washington ("UW") for Your non-exclusive performance of Work on the terms and conditions set forth below:
This Work is the intellectual property of the University of Washington and is protected by copyright laws and international treaties. This License Agreement (“License Agreement”) contains all of the terms and conditions that pertain to this Work. You have no rights to this Work except for those granted under this License Agreement.
UW hereby grants you a non-transferable, non-exclusive license to access, display and perform the Work and print output from the Work, provided such printouts are primarily for Your use and are not a substantial portion of Work.
The Work may be installed from Your licensed CD-ROM or from a file downloaded by you from a UW website and played on a single computer. You may not download or install the Work on multiple machines. You may not modify, translate, decompile, disassemble, or reverse engineer the Work or any copy thereof, or transmit the Work or any portion or copy thereof over a network.
You acknowledge that the Work is for informational and educational purposes only and is not a substitute for Your professional judgment. YOUR RELIANCE UPON WORK IS SOLELY AT YOUR OWN RISK AND IF YOU USE THE WORK IN THE TRAINING OF OTHERS, YOU ASSUME THE RESPONSIBILITY AND THE RISK FOR EVERYONE TO WHOM YOU GIVE ACCESS, OR FOR WHOM YOU DISPLAY OR PERFORM THE WORK.
You acknowledge that the Work is intended only for use by otolaryngology, hearing sciences, audiology, health care, or administrators of health care organizations who are knowledgeable in otolaryngology, audiology, hearing research or health services ("Audience") and that the Work is not meant to be a substitute for professional judgment. You are responsible for ensuring the Audience associated with Your use of the Work is appropriate.
You shall not copy the Work. You shall not sublicense, sell, rent or lease the Work. If You license multiple copies of the Work, or if someone other than You will use the Work, You shall provide them with a copy of this License Agreement.
The Work is an academic research tool that is experimental in nature and is supplied "AS IS", without obligation by the UW to provide accompanying services or support except as specified in this Agreement. The entire risk as to the quality and performance of the Work is with You.
UW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE WORK, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES PERTAINING TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UW AND DEVELOPERS WILL NOT BE LIABLE DIRECTLY OR INDIRECTLY FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF PROFITS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. (Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You).
Work may be provided on an interactive CD-ROM and will function properly under normal use. UW will replace a defective disc at no charge if You notify UW within the first sixty (60) day period after the disc was originally shipped to You.
9. Updates and Contact Information
UW reserves the right to modify or make improvements in the Work at any time without notice. UW shall endeavor to correct program defects as identified by UW relating to Work's operation.
Address for additional information about the Work and notification of defects:
CAMP, Virginia Merrill Bloedel Hearing Research Center
University of Washington, CHDD Building, CD 176
Seattle, WA 98195-7923
For more information on this License Agreement:
UW Center for Commercialization
University of Washington
4311 Eleventh Avenue NE, Suite 500
Seattle, WA 98105-4608
10.1 This Agreement constitutes the entire Agreement between the parties concerning Your use of the Work. This Agreement is made in and shall be governed by the laws of the State of Washington excluding choice of law principles. Any suit, action, or proceeding arising out of or relating to this Agreement shall be decided in King County, Washington, United States of America.
10.2 Pursuant to U.S. laws, the Work may not be downloaded, acquired or otherwise exported or re-exported (i) into, or to a national or resident of any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.By signing this License Agreement, You represent that: 1) You are not located in or under the control of a national or resident of any such country or on any such list; and 2) You will not export or re-export the Work to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
11. Term of License Agreement
UW reserves the right to terminate this License Agreement without notice upon Your violation of the terms and conditions of the license by the Licensee.