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SUNY-wide MINITAB Licensing Agreement

Summary of User Terms

1. The Software being licensed by SUNY is:

a. Release 13 of MINITAB for Windows 95, 98, 2000, NT and XP, as well as future releases of that software.

b. Release 9 of MINITAB for Mainframes and Workstations.

2. Campus is licensed to copy and distribute the Software for use on all computers owned, leased, or otherwise operated by campus. Authorized users include all faculty, staff and students of the campus.

a. Faculty, staff and students are licensed to use the Software on their own personal computers, solely for SUNY-related use.

i. Each Authorized User must sign a License Agreement like the one attached before installing the software on their personally-owned computer.

b. Authorized users may not distribute the Software to individuals who are not authorized users.

c. Authorized users may not disassemble, decompile or reverse engineer the Software.

3. The Software will be provided to the License Manager identified by the campus. The License Manager will be responsible for distributing the software to the campus’s authorized users.

a. The campus is entitled to all upgrades, new releases and documentation that become available while the campus participates in this licensing program.

b. The campus may distribute copies of the Software to authorized users through download from a server, or by distributing CD’s.

i. Each copy must retain all copyright information.

c. Campus must maintain records of the users to whom a copy of the software has been distributed during each semester. At the end of the semester, ITEC must be provided with the number of users to which the campus provided the software.

4. The campus’s Technical Coordinator will be authorized to contact ITEC with any technical questions. Campus users must contact the Technical Coordinator with questions.

5. The Campus may duplicate and distribute to its employees paper copies of the MINITAB Training Materials entitled “Day One Training.”

a. All copies of the Training Materials must retain MINITAB’s trade names, trademarks and copyright notice.

6. When either the SUNY/MINITAB agreement ends, or the campus terminates its participation, all campus authorized users must stop using the software, destroy all copies, and delete all installed copies.

Student and Faculty License Agreement

for the use of MINITAB statistical Software

I understand that the MINITAB Statistical Software for Windows, hereafter referenced as Software, is a copyrighted, proprietary work belonging to MINITAB Inc. and that the Software is being distributed by the below-named Educational Institution to its students and faculty under terms of a License Agreement between it and MINITAB Inc.

__________________________________________________________________

(Name of Educational Institution)

I warrant that I am a full or part-time student and/or faculty member of the above-named Educational Institution. MINITAB Inc. hereby offers to me the right to possess and use the Software from the date I install it on my computer through ____________________ 30^th ____________________, 20___ (my License Term), subject to the following terms and conditions:

1. I will use the Software for academic purposes only and understand that any commercial or profit-making use of the Software is strictly prohibited.

2. Upon registering myself as a Registered User of the Software I will be entitled to receive routine maintenance on the Software during my License Term, including the right to receive reasonable amounts of technical assistance from MINITAB Inc. Such maintenance shall include provision by MINITAB Inc., through its web site, of maintenance updates and/or patch CDs which become available during my License Term but does not include updates to major new releases of the Software.

3. I understand that this Software may not be assigned or otherwise transferred to another without the written permission of MINITAB Inc. I may make copies of the Software for archival and back-up purposes only. I will not make copies of the Software for distribution and will not permit access to the Software by others.

4. I will not modify, disassemble, decompile, or reverse engineer this Software. MINITAB Inc. retains all rights to the Software which are not explicitly granted to me under this License Agreement.

5. This Software is the property of MINITAB Inc. or its licensors and is protected by United States copyright laws and international treaties.

6. If I violate any of the terms of this Agreement, the Educational Institution has the right to take disciplinary action against me and MINITAB Inc. has the right to take legal action against me.

A. LIMITED WARRANTY

MINITAB Inc. warrants that we have the right to grant this License to use this Software and that the functions contained in this Software will operate without substantial program errors. In the event of a breach of the above warranties, you will be entitled to a refund of all sums paid by you for the right to use this Software, as your sole and exclusive remedy for such breach. This Software is provided under this Agreement AS IS, without warranty of any kind except as set forth above. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL MINITAB INC. OR ANY OF ITS SUBSIDIARIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR OTHERWISE ARISING FROM THE USE OF THIS SOFTWARE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation may not apply to you.

Accepted by:

Signature Printed Name Student or Faculty Date Signed

______________________ _______________________ ______________ ___________

[This form may be revised for one signature per License Agreement.]

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