Proving Ground Apps for Education
End User License Agreement
Copyright © 2016-2020 PROVING GROUND LLC
Proving Ground Apps refers to all software plugins and supporting programming libraries authored by Proving Ground LLC and provided at https://apps.provingground.io and that enable new technical workflows, data integration methods, and data visualization capabilities.
TERMS AND CONDITIONS
“This License” refers to this version of the license for Proving Ground Apps including Conveyor, Tracer, and Semantic tools (“The Program” or “The Software”). The Program refers to any copyrightable work licensed under this license. The Program and licensed by PROVING GROUND LLC, a Nebraska Limited Liability Company (“The Licensor”). “Recipients” and “Licensees” may be individuals or organizations. Each licensee will be addressed as “you”. “Access” means to use or benefit from using the functionality of the Program. This license is applicable to purchases of The Software where an educational discount has been applied to the purchase. An “educational” license grants the user a a license to use the Program in an educational or academic capacity – including use in academic design studios, seminar courses, and independent research.
ALL RIGHTS RESERVED
Except as expressly provided otherwise in this agreement – title, ownership and all rights and interest including, without limitation, copyrights, patents, trademarks, trade secrets and other intellectual property rights, in and to the Licensor and any authorized copies made by you remain with The Licensor. The content, the form, and code of this product are valuable trade secrets of the Licensor and you shall keep such trade secrets confidential. This Program is licensed and not owned by any party other than the Licensor.
The Program is provided licensed for academic or education use. You may use the Program for non-commercial purposes including research and academic studies. You may install and activate an education version of the software on one device. Additional end user license agreement terms and conditions present in Conveyor, Tracer, and Semantic apply. In the event of that any one or more terms and conditions between various license agreements exist, the educational and non-commercial permitted actions of This License shall prevail.
The licensor does not allow any of the following actions and you acknowledge that such actions shall be prohibited. You may not, and may not permit any third party to, reverse engineer, modify or disassemble the Program. You may not rent, loan, lease, sell, sublicense, or otherwise provide access to any portion of the Program, or any rights granted in this Agreement, to any other person without the prior written consent of the licensor. You may not remove, alter, or obscure any proprietary names or notices, labels, or marks from the Program, indistinctively of their origin and belonging.
CONSENT TO COLLECTION OF TECHNICAL DATA
Licensor may collect and use technical data and related information—including but not limited to data related to installation logs, software use logs, and error logs—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information to improve its products or to provide services or technologies to you. No personally identifiable data is collected as part of the Program.
END OF LICENSE
You may terminate this License by removing all copies of the Program from your possession. Without prejudice to any other rights, the Licensor may terminate the License if you fail to comply with the terms and conditions of the License. In such event, all copies of the program in your possession must be destroyed.
DISCLAIMER OF WARRANTY
This Program is provided to you “AS IS”, with no express or implied warranty, not even merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, the licensor does not warrant that the operation of the software will be uninterrupted or error free. As a user of The Program, you acknowledge that the program is considered a ‘work in progress’ and experimental in nature.
LIMITATION OF LIABILITY
In no event unless required by applicable law shall the Licensor have any liability for any incidental, special, indirect, or consequential damages, loss of profits, revenue, data, or cost of cover. In addition, in no event shall the liability of the licensor for any damages arising out of or in connection with the Program, user documentation or this agreement exceed the amount paid or payable by you for the Program directly responsible for such damages. The limitations of liability in this section shall apply to any damages, however caused and regardless of the theory of liability, whether derived from contract, tort (including, but not limited to, negligence), or otherwise, even if the licensor has been advised of the possibility of such damages and regardless of whether the limited remedies available hereunder fail of their essential purpose. The Licensor shall have no responsibility or liability whatsoever arising from loss or theft of the Program or the media on which the Program is furnished to you. The Licensor shall not be obligated to replace any lost or stolen Program or Program media. You are solely responsible for safeguarding the Program and the media on which the Program is furnished.