End-User License Agreement for IRTFIT Macro

IMPORTANT: READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and QualityMetric Incorporated (QualityMetric) for the IRTFIT Compiled SAS® Macro, which includes QualityMetric's proprietary and licensed intellectual property, associated media, manuals, and any "online" or electronic documentation (the "MACRO"). The MACRO also includes any updates and supplements to the original MACRO provided to you by QualityMetric. You acknowledge that SAS® software is required for the use of this macro and that any use of SAS® software by you is governed by a separate end-user license agreement and is licensed to you under the terms of that license agreement. QualityMetric is not affiliated with SAS®. By installing, copying, downloading, accessing or otherwise using the MACRO, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the MACRO. This MACRO is provided ‘Free of Charge' as a service to the research community.

The MACRO is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The MACRO is licensed, not sold.

MACRO END-USER LICENSE

1. GRANT OF LICENSE.

This EULA grants you the following rights:

a. Systems Software.

You may install and use the MACRO on any computer, including a workstation, terminal or other digital electronic device ("COMPUTER") for the purpose of assessing the model fit for IRT models. The license granted herein is limited to use of the MACRO during the term of this EULA. This EULA does NOT grant you a license to use any QualityMetric™ Health Surveys; these must be separately licensed. For more information about obtaining a license to use QualityMetric™ Health Surveys, please visit www.qualitymetric.com. You may not modify or reverse-engineer the MACRO.

b. Storage/Network Use.

You may also store or install a copy of the MACRO on a storage device, such as a network server, used only to install or run the MACRO on your other COMPUTERS over an internal network as long as this EULA accompanies each install.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

a. Separation of Components.

The MACRO is licensed as a single product. Its component parts may not be separated for use on more than one computer.

b. Rental.

You may not rent, lease, distribute, or lend the MACRO, nor provide commercial services to third parties based on this MACRO.

c. Trademarks.

This EULA does not grant you any rights in connection with any trademarks or service marks of QualityMetric™.

d. Support Services.

No support services are included with this EULA.

e. Termination.

Without prejudice to any other rights, QualityMetric™ may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the MACRO and all of its component parts.

f. Transfers.

You may transfer the MACRO and your rights under this EULA.

3. COPYRIGHT.

All title and intellectual property rights in and to the MACRO (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the MACRO), the accompanying printed materials, and any copies of the MACRO are owned by QualityMetric™ or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the MACRO is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by QualityMetric™.

4. EXPORT RESTRICTIONS.

You agree that you will not export or re-export the MACRO to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export the MACRO: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end-user who you know or have reason to know will utilize the MACRO or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

6. NO WARRANTY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUALITYMETRICTM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE MACRO. THE MACRO IS PROVIDED "AS IS." YOU MAY HAVE SPECIFIC LEGAL RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

7. LIMITATION OF LIABILITY.

IN NO EVENT SHALL QUALITYMETRICTM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MACRO , EVEN IF QUALITYMETRICTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, QUALITYMETRIC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO U.S.$0.01. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. MISCELLANEOUS

This EULA constitutes the entire agreement between the parties regarding the MACRO, supersedes any and all prior or contemporaneous oral or written agreements, and is governed by the laws of the State of Rhode Island. You agree to submit to the jurisdiction of the federal and state courts located in the State of Rhode Island and waive any objection of forum non conveniens.

Should you have any questions concerning this EULA, or if you desire to contact QualityMetric™ for any reason, please go to www.qualitymetric.com, or write:

QualityMetric Incorporated Sales
640 George Washington Highway
Lincoln, Rhode Island 02865

SAS® and all other SAS Institute Inc. product or service names are registered trademarks or trademarks of SAS Institute Inc. in the USA and other countries. ® indicates USA registration.