Licensing Information:

PREDICTUM INC.
END USER LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT between you (either an individual or an entity) and Predictum Inc. (“Predictum”). By using this software, you are agreeing to be bound by the terms and conditions of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not use this software.

I. Grant of Limited License.
Predictum grants to you a non-exclusive, limited right to install and use Predictum software downloaded or contained on a CD-ROM or disk (the “Software”).
II. Reservation of Rights and Copyright.
Predictum reserves all rights not expressly granted to you in this License Agreement. The Software is licensed, not sold. The Software is owned by Predictum, its affiliates or their suppliers and is protected by copyright laws and other intellectual property laws and international treaty provisions. Among other things, copyright laws prohibit you from making derivative works of the Software. You may distribute the Software via email provided that you do not charge a fee in any way for the distribution or use of the Software and do not claim to own the Software or incorporate the Software into another software product without prior, written permission of Predictum (see "Other Restrictions," below), You may include any image, print or reproduction of the illustrations or any portion thereof referenced in the Software in any other material, electronic or printed, without written permission; provided that you in each case attribute copyright to the rightful owners. Finally, you may email the Software to any third party subject to the terms and conditions of this License Agreement.
III. Other Restrictions.
(a) You may NOT modify, reverse-engineer, decompile, or disassemble the Software for any purpose including, but without limitation, for the purpose of disabling the feature of the Software that provides intermittent reminders to acquire the latest version of the Software or to renew the Software when this license has expired or for the purpose of circumventing any of the terms of this License Agreement or any other provision of law.
(b) You may not claim that the Software is yours, and you may not use the name Predictum or Predictum Inc. to endorse or promote products derived from the Software without prior written permission of Predictum.
(c) You must use the Software at all times in a manner that is consistent with the software licenses granted to you by other companies that have provided software for your computer. For example, the Software is designed to be used with JMP Software from SAS Institute, Inc. and so you may not use the Software in a manner inconsistent with the JMP license agreement between you and SAS Institute, Inc.
You may distribute copies of the Software, in whole only, to other parties but you may not distribute copies of the Software in part, to any third party, nor may you rent, loan, sublicense, or lease the Software to third parties. You further may not use the Software to act as a service bureau or application service provider.
You may NOT make the software available from any website or via File Transfer Protocol (FTP), without prior, written approval. You may, however, provide a link to http://www.predictum.com/learningtools on your website where others may download the software on their own.
IV. Limited Warranty, Disclaimers and Limitation of Liability.
(a) EXCEPT FOR THE FOREGOING THE SOFTWARE AND ANY DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. PREDICTUM, ITS AFFILIATES AND THEIR SUPPLIERS FURTHER DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. IF THE SOFTWARE PROVES DEFECTIVE, YOU (AND NOT PREDICTUM, ITS AFFILIATES OR THEIR SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
(b) IN NO EVENT SHALL PREDICTUM, ITS AFFILIATES OR THEIR SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF ANY PART OF THE SOFTWARE, BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF OR THE PERFORMANCE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE AND OTHER INFORMATION PROVIDED TO YOU BY PREDICTUM, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION. This exclusion and limitation shall apply even if any remedy fails of its essential purpose. Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.
(c) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF PREDICTUM, ITS AFFILIATES AND ANY OF THEIR SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES, WHETHER IN CONTRACT (INCLUDING ANY PROVISION OF THIS LICENSE AGREEMENT), TORT, OR OTHERWISE, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
V. Your Warranty to Predictum.
You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this License Agreement. You shall, at your own expense, promptly enforce the restrictions in this License Agreement against any person who gains access to your copy of the Software (i.e. the copy you obtain upon agreeing to this License Agreement or any other lawful copy you have made from such copy) with your permission and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify Predictum in writing of any misuse, misappropriation or unauthorized use, disclosure, display or copying of the Software that may come to your attention. You agree to defend, indemnify and hold harmless Predictum, its affiliates and their suppliers and their respective officers, directors, shareholders and employees from any and all claims resulting from or arising out of your use of the Software or breach of this License Agreement.
VI. Terms of Service.
To the extent Predictum may access personal information, Predictum will not transmit personal information voluntarily to any third party without your express consent except to comply with legal process. Your personal information remains in your full control. Predictum may, on occasion, use your IP address to help diagnose problems with its server and to administer its website. Predictum may provide aggregate statistics about its customers, traffic patterns, and related site information to reputable third-party vendors. In this process, the information that Predictum collects remains anonymous to third parties. Predictum may derive general information from your personal information and web usage. Predictum will not voluntarily disclose, sell or trade your personal information to any third party without your consent except to comply with legal process.
VII. Export Control Laws.
You agree to comply with all laws, rules and regulations applicable to the export of the Software. Specifically, you shall not export, re-export or transship the Software, or the direct product thereof, in violation of any laws and regulations which may from time to time be applicable. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Order. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
VIII. Injunctive Relief.
Because of the unique nature of the Software, you understand and agree that Predictum will suffer irreparable injury in the event you fail to comply with any of the terms and conditions of this License Agreement and that monetary damages may be inadequate to compensate Predictum for such breach. Accordingly, you agree that Predictum will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond or security for costs, to enforce the terms and conditions of this License Agreement.
IX. Termination.
You or Predictum may terminate this Agreement at any time upon providing written notice of termination to the other party hereto. Predictum may immediately terminate this License Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software. The provisions of this License Agreement shall survive termination of this Agreement.
X. Miscellaneous.
If any litigation is brought to enforce this License Agreement, or arises out of this License Agreement, the prevailing party shall be awarded its reasonable attorneys’ fees together with expenses and costs incurred in such litigation. This Agreement shall be governed by the laws of the Province of Ontario, CANADA, but specifically excludes the application of the 1980 United Nations Convention on Contracts for International Sale of Goods. Venue for any action under this Agreement shall be in Toronto, Ontario, CANADA. You consent to the personal jurisdiction of the courts of such venue. This License Agreement is the complete agreement between Predictum and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
XI. Additional Provisions.
The Software (i) was developed at private expense, and no part of it was developed with governmental funds; (ii) is a trade secret of Predictum; and; (iii) in all respects is proprietary data belonging solely to Predictum.

COPYRIGHT NOTICE. Copyright ©2001-2008 Predictum Inc., #506 - 592 Sheppard Avenue West, Toronto, ON CANADA M3H 6A7. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.

TRADE-MARKS. “Predictum” and “Analytical Workflow” are either trade-marks or registered trade-marks of Predictum Inc.