University of Zurich (“UZH”) is willing to license the software package z-Tree including the programs z-Tree and z-Leaf, which is designed to program and conduct economic experiments (“Software”) to you (“You”) only upon the condition that You accept all of the terms contained in this license agreement (“Agreement”). Please read the Agreement carefully. By selecting the “Accept License Agreement” (or the equivalent) button and/or by using the Software You acknowledge that You have read the Agreement, understand it and agree to be bound by its terms and conditions.
1.1 UZH grants You herewith a non exclusive license to use the Software.
1.2 The use of the Software is restricted exclusively to academic research conducted or supervised by You.
1.3 Your are not permitted to transfer the rights under this agreement to any third party or to make the Software and/or the respective intellectual property rights in any other way accessible or available to any third party.
1.4 Title, ownership rights, and intellectual property rights in and to the Software shall remain with UZH.
- CHANGES OF THE SOFTWARE PROVIDED BY YOU
2.1 UZH is entitled to incorporate at its sole and exclusive discretion all changes or supplements or all proposed changes or supplements to the Software (improvements) developed by You free of charge and You herewith grant to UZH a perpetual, unrestricted license to use and sublicense such improvements.
- LICENSE FEE
3.1 UZH does not charge a license fee for the use of the Software as set out herein.
3.2 In return for the license YOU undertake to mention the name of the Department of Economics of the University of Zurich as well as the name z-Tree and to cite the following article in all publications in which results of experiments conducted with the Software are published:
Urs Fischbacher, z-Tree: Zurich Toolbox for Ready-made Economic Experiments, Experimental Economics 10(2), 171-178.
4.1 This Agreement becomes effective at the moment You are authorized by UZH to download the Software. This Agreement is valid for the duration of one year and shall thereafter continue for subsequent one-year periods unless terminated by any party giving not less than three months advance notice of such termination prior to the expiration of the initial or any subsequent one-year terms. In case of material violation of this agreement by You, UZH is entitled to terminate this agreement immediately.
4.2 Should this agreement be terminated, irrespective of the reasons, You shall refrain from all and any use of the Software and delete and/or destroy all copies of this Software.
- NO WARRANTY/INDEMNIFICATION
5.1 THIS SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. UZH MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE OR THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHTS. IN NO EVENT SHALL UZH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5.2 YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS, USE OF THE SOFTWARE, AND THE RESULTS OBTAINED THEREFROM. YOU AGREE TO INDEMNIFY AND HOLD UZH AND ITS EMPLOYEES HARMLESS WITH RESPECT TO ALL CLAIMS BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SOFTWARE.
6.1 This Agreement and the license granted herein or any part thereof under this Agreement are not assignable by YOU without the prior written approval of UZH.
6.2 Neither party shall use the names or trademarks of the other, its related entities and its employees, or any adaptations thereof, in any advertising, promotional or sales literature without the prior written consent of the party so affected.
6.3 Each party is acting as an independent contractor and not as an agent, partner, or joint venture with the other party for any purpose. Neither party shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other.
6.4 This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof. No supplement, modification or amendment of this Agreement shall be binding, unless in writing signed by a duly authorized representative of each party to the Agreement.
6.5 Should some or several provisions of this Agreement be ineffective or invalid, or should there be an omission in this Agreement, the effectiveness, respectively the validity of the remaining provisions shall not be affected thereby. An ineffective, respectively, invalid provision shall be re-placed by the interpretation of the agreement which comes nearest to the economic meaning and the envisaged economic purpose of the ineffective respectively, invalid provision. The same applies in the case of a contractual gap.
6.6 The terms stipulated in this Agreement may not be modified in any way without the mutual consent of the parties in writing.
6.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF SWITZERLAND. Any dispute arising from or in connection with this Agreement will be finally settled by the courts of Zurich, Switzerland.
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