This End-User License Agreement (this
“EULA”) is a legal agreement
between you (“Licensee”) and the American Institutes for
Research (“Licensor”) relating to Licensor’s hosted MetaReviewer
software, including any updates thereto (the
“Software”) and any videos,
manuals, information and documentation, and updates thereto,
that may be provided by Licensor from time to time (the
“Documentation”). If you are
agreeing to this EULA on behalf of an entity or organization:
(a) all references to Licensee in this EULA are to that entity
or organization, and (b) you represent and warrant that you have
the right, power, and authority to enter into this EULA on
behalf of such entity or organization.
By using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to any term or condition set forth in this EULA, then Licensee may not access or use the Software or Documentation.
By using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to any term or condition set forth in this EULA, then Licensee may not access or use the Software or Documentation.
1. Registration; Responsibility for Your Account; Content and
Information
1.1. Registration. Licensee will be
required to create an account in order to access the Software
and Documentation. Licensee agrees to (a) provide true,
accurate, current, and complete information, and (b) maintain
and promptly update information to keep it true, accurate,
current, and complete.
2. License
2.1. License Grant. Subject to
Licensee’s compliance with the terms and conditions of this
EULA, Licensor hereby grants to Licensee a personal, revocable,
royalty-free, non-exclusive, non-assignable, non-sublicenseable
license to access and use the Software and Documentation, in the
United States, for the sole purposes of conducting an Evidence
Synthesis within the scope of Licensee’s research activities. As
used herein, “Evidence Synthesis” means one or more of the
following methodologies: scoping review, systematic review,
literature review, evidence gap map or evidence and gap map,
meta-analysis, and quantitative synthesis.
2.2. Restrictions. Licensee does
not have the right to, and will not: (a) use the Software or
Documentation for any revenue generating or other commercial
purpose whatsoever; (b) access or use the Software or
Documentation, except as expressly permitted pursuant to Section
2.1; (c) distribute, publish, share, disseminate, modify, or
create derivative works based on, the Software or Documentation;
(d) reverse engineer, decompile, or disassemble the Software, or
determine or attempt to determine any source code, algorithms,
methods, or techniques used or embodied in the Software; (e)
assign, sell, rent, lease, sublicense, pledge, or otherwise
transfer Licensee’s rights to access or use Software and/or
Documentation, in whole or in part, to any third party; (f) use
the Software in a manner that disparages the Licensor, or in any
manner that Licensor may, in its sole discretion, deem harmful
or inappropriate, except and only to the extent that such
activity is expressly permitted by applicable law
notwithstanding the foregoing limitations; or (g) upload any
viruses, worms, Trojan horses, keyboard loggers, time bombs,
spyware, or any other malware into the Software or Licensor’s
systems. All rights not expressly granted to the Licensee are
reserved to the Licensor and all uses not expressly permitted
hereunder are prohibited.
2.3. Licensor’s Right to Revoke.
Licensor reserves the right, in its sole and absolute
discretion, to limit or revoke Licensee’s license to access and
use the Software in the event of Licensee’s breach of this EULA
and/or it the event that Licensor deems Licensee’s use of the
Software as inconsistent with purposes and/or the terms of this
EULA.
2.4. No Support and Maintenance.
Licensor shall not have any obligation to, but in its sole
discretion may, modify the Software and Documentation, including
providing updates, bug fixes, error corrections and other
changes thereto. Licensor does not warrant that Licensee’s
access and use of the Software will not be interrupted after any
change has been made.
3. Compliance with Applicable Law.
Licensee will access and use the Software and Documentation in
compliance with all applicable international, federal, state and
local laws and regulations.
4. Ownership. Licensor is the sole
and exclusive owner off all right, title, and interest
(including all intellectual property rights) in and to the
Software and Documentation and no title to the Software or
Documentation is transferred by Licensor to Licensee.
5. Third Party Materials. In using
the Software, Licensee shall not enter or upload data,
documents, databases, images, or any other materials (“Uploaded
Materials”) that infringe or violate the intellectual property
rights, privacy rights, publicity rights or any other rights of
any third party. Licensee represents and warrants that it has
obtained the permissions, licenses, and consents of all third
parties that are necessary in connection with Licensee's use of
the Uploaded Materials. Licensor shall have the right, but not
the obligation, to monitor and remove any Uploaded Materials
which Licensor deems violates any third party’s rights or is
otherwise harmful to Licensor or others.
6. Term; Termination.
6.1. Term. The term of this EULA
shall commence on the date Licensee first accesses the Software
and/or Documentation and shall continue for an initial term of
one (1) year, unless earlier terminated in accordance with this
EULA. The term will automatically renew for successive one (1)
year renewal terms, unless either party provides notice of
non-renewal to the other party prior to the end of the
then-current initial term or renewal term.
6.2. Termination. Licensee may
terminate this EULA at any time, with or without cause, by
ceasing to access and use the Software and Documentation.
Licensor may terminate this EULA and/or suspend Licensee’s
access and use of the Software and Documentation at any time,
with or without cause, in which case Licensor may provide notice
to Licensee of such termination.
6.3. Effect of Termination. Upon
any termination or expiration of this EULA by either party, all
licenses granted to Licensee will immediately terminate and
Licensee will not have any access or ability to download any
Uploaded Materials, and Sections will survive 4, 6.3, 7, 8, 9,
10, 11, 12, 13, 14 and 15 will survive.
7. WARRANTY DISCLAIMER. THE
SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS. LICENSOR HEREBY
DISLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES
OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, IMPLIED,
EXPRESS, COMMON-LAW, OR BASED ON A COURSE OF DEALING OR USAGE OF
TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NONINFRINGEMENT AND SECURITY, RELATING TO THE SOFTWARE AND
DOCUMENTATION. LICENSOR DOES NOT WARRANT THAT: (A) THE SOFTWARE
AND DOCUMENTATION (OR THE RESULTS OBTAINED FROM THE USE THEREOF)
WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE
SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE’S REQUIREMENTS; OR
(C) ANY ERRORS OR MALFUNCTIONS IN THE SOFTWARE AND DOCUMENTATION
WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY LICENSOR OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF LICENSOR’S OBLIGATIONS HEREUNDER,
AND THE LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
8. LIMITATION OF LIABILITY. IN NO
EVENT SHALL LICENSOR BE LIABLE TO LICENSEE, OR ANY OTHER PERSON
OR ENTITY CLAIMING THROUGH LICENSEE, FOR ANY DIRECT OR INDIRECT
DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR
OTHERWISE, INCLUDING LOSS OF PROFITS, INCOME, SAVINGS, DATA OR
ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER
DAMAGES, HOWEVER CAUSED. THESE LIMITATIONS SHALL APPLY
REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT,
LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON
OR ENTITY CLAIMING THROUGH LICENSEE, SHALL NOT EXCEED THE FEES,
IF ANY, ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.
9. Indemnification. Licensee shall
defend, indemnify, and hold Licensor, its subsidiaries,
affiliated companies, agents, and the directors, officers,
shareholders, employees, agents and representatives
(“Indemnitees”) of the foregoing, harmless against and from any
and all claims, damages, liabilities, costs and expenses
(including attorneys’ fees and litigation costs) (“Liability”)
arising out of any violation by Licensee of this EULA or any
misuse or abuse of the Software. Further, Licensee hereby
releases and discharges Licensor and its Indemnitees from any
and all Liability relating to or arising out of the use of the
Software and Documentation and any results obtained therefrom.
10. Governing Law; Jurisdiction.
This EULA and all matters arising out of or relating to this
EULA, the Software and/or the Documentation will be governed by
the internal laws of the Commonwealth of Virginia, United
States, without giving effect to any choice of law rule that
would cause the application of the laws of any jurisdiction
other than the internal laws of the Commonwealth or Virginia.
Any legal action or proceeding relating to this EULA shall be
brought exclusively in the courts located in Arlington County,
Virginia, and each party consents and irrevocably agrees to
submit to the personal and exclusive jurisdiction and venue of
such courts (except that either party may seek injunctive relief
in any court of competent jurisdiction).
11. Attorneys’ Fees. The prevailing
party in any action to enforce this EULA shall be entitled to
recover costs and expenses including, without limitation,
attorneys’ fees, and litigation costs.
12. Assignment. Licensee may not
assign, transfer, or sublicense this EULA, or Licensee’s rights
hereunder, to any third party, by operation of law or otherwise.
Licensor may assign, transfer or sublicense any or all of
Licensor’s rights or obligations under this EULA, or relating to
the Software and Documentation, without restriction.
13. Waiver; Severability. No
failure to exercise, and no delay in exercising, on the part of
either party, any privilege, any power, or any rights hereunder
will operate as a waiver thereof, nor will any single or partial
exercise of any right or power hereunder preclude further
exercise of any other right hereunder. If any provision of this
EULA shall be adjudged by any court of competent jurisdiction to
be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this EULA
shall otherwise remain in full force and effect and enforceable.
14. Entire Agreement. This EULA
constitutes the entire agreement between Licensor and Licensee
relating to the subject matter hereof and supersedes all prior
understandings of Licensor and Licensee, including any prior
representation, statement, condition, or warranty.
15. Notices. Licensee authorizes
Licensor to send Licensee notices at the most current email
address Licensor has on file for Licensee’s account. Licensee
agrees that such notice will be deemed sufficient notice and
Licensee waives any rights to assert failure of notice for
notices delivered to such email address. Any notices to Licensor
may be sent to Licensor via email at the address found in the
“Contact” section below.
16. Contact. If you have any
questions regarding the meaning of application of this EULA,
please direct such questions to support@metareviewer.org. Please
note that e-mail communications will not necessarily be secure;
accordingly, you should not include sensitive information in
your e-mail correspondence with us.