Terms and Conditions

WA Survey / Course Evalutions Software End User License Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE ONTO YOUR COMPUTER. LOADING OF THE SOFTWARE ONTO A COMPUTER INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

This End-User License Agreement ("Agreement") is a legal contract between you - "you" means either (a) an individual user or (b) a business organization ("You") and Web Access Inc, a United States corporation ("Licensor"). If you are a business organization, use of the Software under this Agreement does not extend automatically to any subsidiary or affiliate of yours unless Licensor has agreed to that in writing. Subsidiaries/affiliates must obtain their own licenses for the Software separately.

A. SOFTWARE DESCRIPTION:
Software License. Licensor hereby grants to you a nonexclusive, nontransferable license to use the WA Survey software and related documentation (the "Software") for your own internal purposes. You are acquiring a License for the current version of the Software. You may copy the Software for backup/archival purposes, provided that you include all copyright and similar rights notices. Licensor (or its licensor) retains all right, title, and interest in the Software (and in all copies).
THE SUBSECTIONS BELOW APPLY ONLY TO THOSE WEB ACCESS PRODUCTS FOR WHICH YOU HAVE ACQUIRED A LICENSE.

1. WA Survey Annual Pro. This license is acquired when downloading the software and accepting this agreement and is valid for one year from the date of download. This license permits the use of the functions available for the WA Survey Advance. It permits the creation of unlimited number of surveys and unlimited number of respondents. You can process an unlimited number of reports associated with those surveys on a single named server by unlimited survey authors.

2. WA Survey Perpetual. This license is acquired when downloading the software and accepting this agreement and is perpetual. This license permits the use of the functions available for the WA Survey Advance. It permits the creation of unlimited number of surveys and unlimited number of respondents. You can process an unlimited number of reports associated with those surveys on a single named server by unlimited survey authors.

3. WA Survey Course Evaluations Annual Pro. This license is acquired when downloading the software and accepting this agreement and is valid for one year from the date of download. This license permits the use of the functions available for the Course Evaluation Survey. It permits the creation of unlimited number of surveys and unlimited number of respondents. You can process an unlimited number of reports associated with those surveys on a single named server by unlimited survey authors.

4. WA Survey Course Evaluations Perpetual. This license is acquired when downloading the software and accepting this agreement and is perpetual. This license permits the use of the functions available for the WA Survey Course Evaluations. It permits the creation of unlimited number of surveys and unlimited number of respondents. You can process an unlimited number of reports associated with those surveys on a single named server by unlimited survey authors.

5. WA Survey Composite ( WA Survey plus Course Evaluations) Annual Pro. This license is acquired when downloading the software and accepting this agreement and is valid for one year from the date of download. This license permits the use of the functions available for the WA Survey Advance. It permits the creation of unlimited number of surveys and unlimited number of respondents. You can process an unlimited number of reports associated with those surveys on a single named server by unlimited survey authors.

6. WA Survey Composite (WA Survey plus Course Evaluation) Perpetual. This license is acquired when downloading the software and accepting this agreement and is perpetual. This license permits the use of the functions available for the WA Survey Composite. It permits the creation of unlimited number of surveys and unlimited number of respondents. You can process an unlimited number of reports associated with those surveys on a single named server by unlimited survey authors.

B. PERPETUAL LICENSE:

1. Perpetual License. Under the Perpetual License, Licensor grants you the right to use the acquired version of the Software on a perpetual basis, subject to termination only as set forth in Section C.5 below.

2. Maintenance. Included with the Perpetual License is one year of Technical Support and Software Updates, if any, from the Licensor. For subsequent period, upon your payment of the Technical Support/Update Fee outlined on the maintenance quote or invoice, Licensor will provide Technical Support/Update Services (Maintenance) for each Perpetual License for a period of twelve (12) months for the period specified on the maintenance invoice. You may renew Technical Support/Update services for a Perpetual License at your own option. If you decide not to keep your license under active maintenance, and at a later time need support or software updates, you need to acquire a new license equal to the earlier acquired license.

C. GENERAL TERMS:

THE FOLLOWING PROVISIONS APPLY TO ALL SOFTWARE LICENSES:
1. License Restrictions. You may not (a) use the software on behalf of a third party in any consulting (paid or unpaid) arrangement, (b) make the Software available for use by others in any service bureau, or similar arrangement; (c) distribute, sublicense, transfer, or lend the Software to any third party; or (d) disassemble or reverse engineer the Software. Unauthorized copying and modification of the Software is not permitted.

2. Support/Update Services for Perpetual License. Upon payment of the Maintenance Fee for a Perpetual License, you are entitled to receive the following support services for a designated support contact: (a) remote inquiry (e-mail – primary means and telephone – secondary means) technical support for installation purposes and if there are technical difficulties with the use of the software, and (b) any new release of the Software which Licensor makes generally available to its licensees during the Support Period.

3. Support/Update Services for Annual License. You are entitled to receive the following support services for a designated support contact for the currency of the license: (a) remote inquiry (e-mail) technical support for installation purposes and if there are technical difficulties with the use of the software.

4. Limited Warranty and Disclaimer of Warranty. Licensor warrants that it has the right and authority to grant the rights described in this Agreement. Licensor further warrants that the Software, as provided, will substantially perform the functions described in the documentation when operated in the intended environment for a period of ninety (90) days from the date of delivery (the "Warranty Period").
THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Software will (a) achieve specific results, (b) operate without interruption, or (c) be error free.

5. Limitation of Liability. If you report a problem in the Software within the Warranty Period, Licensor will, at its option, undertake to correct the problem, provide a reasonable workaround, or, if neither remedy is possible, refund the license fees paid.

NEITHER LICENSOR NOR ITS LICENSOR, IF ANY, SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGE TO SYSTEMS OR DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID.

6. Termination. Your license may be terminated if you fail to make payment or if you fail to comply with the terms of this Agreement within ten (10) days after receipt of written notice of such failure. In the event of termination, you must cease using the Software, destroy all copies of the Software (including copies in storage media) and certify such destruction to Licensor. This requirement applies to all copies in any form, partial or complete. Upon the effective date of any termination, you relinquish all rights granted under this Agreement.

7. Company Name. Licensor may include your company name in a list of Licensor customers.

8. Export Law Assurances. You will fully comply with all relevant export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders ("Export Controls"). You warrant that you are not a person, company, or destination restricted or prohibited by Export Controls ("Restricted Person"). You will not, directly or indirectly, export, re-export, divert, or transfer the Software, any portion thereof or any materials, items, or technology relating to Licensor's business or related technical data, or any direct product thereof to any Restricted Person.

9. General Terms. This agreement supersedes all prior representations and proposals and it is intended to be the complete agreement between us concerning your license for the Software. It may be modified only in writing by both parties. You may not assign or transfer this license. Failure to prosecute a party's rights will not constitute a waiver of any other breach. All fees are in US Dollars and are non-refundable. Fees are due within 30-days of the date of the invoice.
For Users Outside of the United States, Canada or Mexico: All fees are in US Dollars and are non-refundable. Fees are due at the time of licensing purchase, and/or within 30-days of the date of the accepted purchase order, valid invoice or as otherwise agreed.

For Users in a U.S. Government Agency: The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. Manufacturer is Web Access Inc, One Gateway center, Suite 2600, Newark, NJ 07102, USA.
This Agreement will be governed by the laws of New Jersey, USA and you submit to the jurisdiction of the courts of New Jersey, USA.

This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods.
If any provision of this Agreement is found to be invalid, it will be enforced to the extent permissible and the remainder of this Agreement will remain in full effect. No person who is not a party to this Agreement shall be entitled to enforce any terms of the same under the Contracts (Rights of Third Parties) Act 1999. No term or condition contained in your purchase order will apply unless expressly accepted by Licensor in writing. This Agreement has been written in the English language. You waive any rights you may have under the law of your country or province to have this Agreement written in any other language.

This revision dated Aug 29, 2008.