THE CONCEPT SYSTEM® VERSION 4
SOFTWARE LICENSE AGREEMENT

IMPORTANT, READ CAREFULLY: THE CONCEPT SYSTEM® VERSION 4 Software (including The Concept System Core Program®) is licensed to you for the implementation of a Single Project License, in accordance with the following terms and provisions. You may use the SOFTWARE PRODUCT as set forth below; however, prior to initiating use of the SOFTWARE PRODUCT (as defined in the user documentation) you must register the SOFTWARE PRODUCT and receive an unlock code.

This Concept Systems, Inc. End-User License Agreement ("AGREEMENT") is a legal agreement between you the Project Administrator (either an individual practitioner or an individual person in an organization or department) and Concept Systems, Inc. ("CSI") for the CSI software product identified above, which includes computer software and associated media and printed materials, and may include on-line or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). This AGREEMENT incorporates by reference the definitions, registration procedures and other provisions set forth in the printed materials and user documentation provided with the SOFTWARE PRODUCT. Use of the Concept System® Version 4 software is governed by the terms and conditions of this CSI Software License Agreement. The following text together with any printed text set forth in the product documentation applies to this release of The Concept System® Version 4. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this AGREEMENT.

SOFTWARE PRODUCT LICENSE

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

1. GRANT OF LICENSE. This AGREEMENT grants you the following rights:

a. Installation. The SOFTWARE PRODUCT may be installed on more than one computer that you own, however, prior to the use of the SOFTWARE PRODUCT for completion of a Project (as defined in the user documentation), the user must register the SOFTWARE PRODUCT with CSI. The SOFTWARE PRODUCT may be installed only on the number of machines agreed to for the use of the purchaser during the life of the license.

b. Right to Explore the SOFTWARE PRODUCT. The SOFTWARE PRODUCT may be installed and used to explore its uses and the examples, tutorials and/or demonstrations included with the SOFTWARE PRODUCT without registering or receiving an unlock code

c. Creation of Output for a Project. Upon registering the SOFTWARE PRODUCT with CSI, and the payment for a Single Project in accordance with the procedures and requirements set forth in the user documentation, which procedures and requirements are expressly incorporated into this Agreement by reference, you may use the SOFTWARE PROGRAM to complete the Project(s).

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

a. Limitations on Reverse Engineering, Decompiling, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law.

b. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated.

c. Right to Copy. You, the Project Admistrator, may copy the SOFTWARE PRODUCT for backup and archival purposes, provided that the original and each copy is kept in your possession, that your installation and use of the SOFTWARE PRODUCT does not exceed the rights granted in this Agreement and that our copyright notice is reproduced on each copy. Backup or archival copies may not be used for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.

d. Rental or Permission to Use. You may not rent or lease the SOFTWARE PRODUCT, or any portion or component of it. You may not permit another organization or individual to use the software if the intent of such permission is to enable additional unique projects under a single license.

e. Software Transfer. Subject to the limitations set forth below, you may permanently transfer all of your rights under this AGREEMENT and the SOFTWARE PRODUCT, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this AGREEMENT), and the recipient agrees to the terms of this AGREEMENT. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

f. Limitations on Use. Licensee shall not use the SOFTWARE PRODUCT, or any related content licensed under this AGREEMENT to (a) create obscene or defamatory work, or (b) to in any way violate the trademark, trade name, copyright or other intellectual property rights of any third party.

g. Number of Participants. The number of participants in any one project is limited to 50 individuals. You may perform a project or projects with more than 50 participants only after receiving written approval from CSI.

h. Termination. This license shall continue for so long as you use the SOFTWARE PRODUCT, including any upgrades, for the life of your project.

Without prejudice to any other rights, however, CSI may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. Limitations on warranties and customer remedies, and limitations on use will survive any such termination.

i. Ownership. Ownership of all intellectual property rights in the SOFTWARE PRODUCT remains the property of CSI.

j. Export Controls. You agree that you will not directly or indirectly transfer the SOFTWARE PRODUCT or documentation to any country to which such transfer would be prohibited by the U.S. Export Administration Act, as amended, and the regulations issued there under.

k. Licensee shall complete Licensee Registration Form for each project and fax it to CSI prior to obtaining the "unlock" code.

3. UPGRADES. If the SOFTWARE PRODUCT is an upgrade from a prior version of The Concept System®, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a CSI product, you now may use that upgraded product only in accordance with this AGREEMENT.

4. PUBLICATION OF WORK USING THE CONCEPT SYSTEM®.  The licensee agrees to acknowledge Concept Systems Incorporated in any written, oral, or visual presentation of the results from the use of the SOFTWARE PRODUCT. Acknowledgement should read as follows: “Concept mapping analysis and results conducted using The Concept System® software: Copyright 2004-Current Year; all rights reserved. Concept Systems Inc.”

5. INTELLECTUAL PROPERTY RIGHTS - COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by CSI. The SOFTWARE PRODUCT is protected by copyright and/or patent laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may similarly copy the printed materials accompanying the SOFTWARE PRODUCT for backup or archival purposes.

6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.  Consistent with the relevant sections of the Code of Federal Regulations, as applicable, the SOFTWARE PRODUCT and documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement.  Manufacturer is Concept Systems Incorporated, 136 E. State St., Ithaca, NY 14850.

7. LIMITED WARRANTY. CSI warrants that the media on which the SOFTWARE PRODUCT is delivered will, under normal use, be free from defects in materials and workmanship for a period of ninety (90) days from the date you acquire it. This Limited Warranty is void if any breach of this warranty results from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will carry the same limited warranty for the remainder of the original warranty period or thirty (30) days, whichever is longer.

8. NO OTHER WARRANTIES. CSI DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET LICENSEE REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CSI AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation on duration may not apply to you. In any event and to the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT are limited to the greater of ninety (90) days or the minimum legal duration for such warranties under applicable law.

9. CUSTOMER REMEDIES. CSI's entire liability and your exclusive remedy for any breach of warranty or any other breach of this AGREEMENT shall be, at CSI's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet CSI's Limited Warranty and which is returned to CSI with a copy of your receipt.

10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CSI 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 OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF CSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE SOFTWARE PRODUCT HAS NOT BEEN TESTED IN ALL SITUATIONS OR FOR ALL APPLICATIONS UNDER OR FOR WHICH IT MAY BE USED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CSI BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE PRODUCT. PERSONS USING THE SOFTWARE PRODUCT ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE, INCLUDING DETERMINING APPROPRIATE USES FOR THE SOFTWARE PRODUCT, AND MANAGING ITS USE AND THE USE OF OTHER SOFTWARE TO ACHIEVE THE USER’S INTENDED RESULTS.

11.MISCELLANEOUS. If you acquired this product in the United States, this AGREEMENT is governed by the laws of the State of New York, U.S.A. If this product was acquired outside the United States, then local law may apply. If you acquired this SOFTWARE PRODUCT in Canada, you agree to the following:

The parties to this Agreement have expressly required that the present Agreement and any materials incorporated into this Agreement by reference, be drawn in the English Language. / Les parties aux presentes ont expressement exige que la presente convention et ses Annexes soient redigees en langue anglaise.

Should you have any questions concerning this AGREEMENT, or if you desire to contact CSI for any reason, please contact Concept Systems Incorporated at 401 E. State St. Suite 402, Ithaca, NY 14850. (607) 272-1206