Please read and sign the License Agreement
Evaluation License Agreement
PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A CONTRACT WITH IMPORTANT LEGAL CONSEQUENCES BETWEEN YOU AND YOUR EMPLOYER, IF ANY, AS LICENSEE, AND NEW YORK UNIVERSITY, AS LICENSOR ("NYU").
IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS RESEARCH AND EVALUATION LICENSE AGREEMENT AND WISH TO RECEIVE AND USE THE QUIKWRITING SYSTEM, YOU MUST FILL IN THE INFORMATION REQUIRED BY THIS LICENSE AND CLICK ON THE "AC CEPT" BUTTON BELOW.
NYU WILL ONLY DOWNLOAD THE QUIKWRITING SYSTEM TO YOUR MACHINE IF YOU HAVE INDICATED YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
Quikwriting and related information are protected by the patent, copyright and other laws of the United States of America and international treaty provisions, and your rights to use them are limited by the terms and conditions of this License Agreement. Your rights to install and use Quikwriting and obtain the information are expressly conditioned upon your reading, understanding and agreeing to this Evaluation License Agreement in its entirety prior to installation and use.
1. GRANT AND TERM OF LICENSE. Subject to your compliance with the terms of this Agreement, NYU grants to you a personal, nonexclusive, nontransferable and royalty-free right to install and use Quikwriting and receive any related information solely for your lawful personal research and evaluation purposes. Quikwriting may be in stalled only on computers controlled by you. The right to use Quikwriting and any related information is not transferable. This Agreement and the license granted in it shall continue until NYU announces its termination, and will terminate automatically and without further action on the part of NYU if you fail to comply with any terms or conditions of this Agreement. Upon any termination, or if you should give up your personal use and control of the computers on which the Quikwriting is installed, you agree to destroy all copies of the Quikwriting and any related information.
Notwithstanding anything to the contrary contained herein, you are not authorized to, and hereby agree not to, use Quikwriting or related information in connection with any business or commercial enterprise.
2. OWNERSHIP. All right, title and interest including, without limitation, all copyrights and rights under patents, trademarks and trade secrets, in and to Quikwriting and any related information is owned by NYU. Aside from the rights explicitly granted to you in this Agreement, you may not copy or use Quikwriting for any other purposes, nor permit any third party to do so.
3. COPYING; OTHER RIGHTS. You may install Quikwriting by copying it onto the hard disk drive of a workstation for loading the application onto a PalmPilot PDA for use thereon, and you may make one full copy of the Quikwriting for archival purposes. You hereby agree that (a) your use and possession of such copies shall be solely under the terms and conditions of this Agreement and (b) you shall place the same proprietary and copyright notices and legends on all such copies as are included by NYU on any media containing an authorized copy of Quikwriting originally provided by NYU. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on Quikwriting or related information, or remove any proprietary notices or labels it contains or permit other parties to do so.
4. NO WARRANTIES OR LIABILITIES. Quikwriting and any related information is being made available pursuant to the terms and conditions of this Agreement. NYU disclaims all liability relating to your use of the Quikwriting and you hereby agree to indemnify and hold harmless NYU from and against all claims, liability, cost and expense against or incurred by NYU arising out of your use of the Quikwriting or any related information. In amplification of the foregoing: (a) You expressly acknowledge and agree that use of Quikwriting and related information is AT YOUR OWN RISK and that Quikwriting and related information is provided "AS IS" without any warranties or conditions whatsoever. NYU shall not have any obligation to update, improve or otherwise modify Quikwriting or related information; (b) NYU (i) HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANT ABILITY OR FITNESS FOR PARTICULAR PURPOSE OF QUIKWRITING, THE INFORMATION, OR ANY COMBINATION OF THE TWO, OR THAT THE OPERATION OF QUIKWRITING OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF, QUIKWRITING, ANY RELATED INFORMATION, OR ANY COMBINATION OF THE FOREGOING; (iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE QUIKWRITING OR ANY RELATED INFORMATION OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE THEREON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. CHANGED TERMS. NYU shall have the right at any time to change the terms of this Agreement or require new terms and to change, impose conditions or discontinue any aspect or feature of Quikwriting. Such changes shall be effective immediately upon notification by any means which give you actual knowledge of them or upon posting of such terms on http://www.cat.nyu.edu, and any use by you of Quikwriting and receipt of any related information after such notice shall be deemed acceptance of such changes by you.
6. GENERAL. This Agreement will be governed by the laws of the State of New York without relevance to conflict of laws principles. You hereby consent that you shall be subject to the exclusive jurisdiction of the federal and state courts located in New York County, New York, for the resolution of any disputes arising from this Agreement, regardless of the place of execution or performance of this Agreement. This Agreement is the entire agreement between NYU and you and supersedes any other communications with respect to Quikwriting or any related information. If any provision of this Agreement is held unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. You agree to comply with all U.S., foreign and local laws and regulations which apply to your use of Quikwriting and any related information including without limitation, export control laws and regulations.
If you would like to obtain further information about Quikwriting, or would like to obtain a non-restricted license to use Quikwriting, please contact the NYU Center for Advanced Technology (http://www.cat.nyu.edu).
END OF QUIKWRITING EVALUATION LICENSE AGREEMENT
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