Enterprise User License Agreement
These license terms are an agreement between you and Discourse Analytics, Inc., a Delaware Corporation, with its principal place of business in the State of Maryland (“DA”). They apply to the software named above and any DA services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or DA’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
- INSTALLATION AND USE RIGHTS
(a) General. You may install and use one copy of the software on mixed reality devices you own or control in order to access and interact with the Microsoft Teams SmartPods application to which you have access rights via your company’s Microsoft/Microsoft 365 subscription. Your access to the SmartPods application through the use of this software must comply with the existing license terms for Microsoft/Microsoft 365 that apply to you through your company of institution’s subscription. You may use and install copies of the software on mixed reality devices you own or control so long as you have a valid subscription license to the Microsoft/Microsoft 365 service.
(b) Included Applications. The software may include other DA applications. These license terms apply to those included applications, if any, unless other license terms are provided with the other DA applications.
(c) Third Party Software. The software may include third party applications that are licensed to you under this agreement or under their own terms. License terms, notices, and acknowledgements, if any, for the third party applications may be in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.
- SCOPE OF LICENSE. The software is licensed, not sold. DA reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
(a) work around any technical limitations in the software that only allow you to use it in certain ways;
(b) reverse engineer, decompile or disassemble the software;
(c) remove, minimize, block, or modify any notices of DA or its suppliers in the software;
(d) use the software in any way that is against the law or to create or propagate malware; or
(e) share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.
- EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions.
- SUPPORT SERVICES. DA is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
- UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from DA or authorized sources. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
- ENTIRE AGREEMENT.This agreement, and any other terms DA may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
- APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and DA consent to exclusive jurisdiction and venue in the federal court in Montgomery County, Maryland for all disputes heard in court. If not, you and DA consent to exclusive jurisdiction and venue in the Circuit Court for Montgomery County, Maryland for all disputes heard in court.
- CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with DA, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
(a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
(b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
- Warranty. The properly licensed software will perform substantially as described in any DA materials that accompany the software. However, DA gives no contractual guarantee in relation to the licensed software.
- Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, DA is liable according to the statutory law.
(a) Subject to the foregoing clause (ii), DA will only be liable for slight negligence if DA is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called “cardinal obligations”). In other cases of slight negligence, DA will not be liable for slight negligence.
- DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. DA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, DA EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM DA AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
i. This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
ii. It also applies even if DA knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.