Important: Please carefully read the terms and conditions of this License Agreement ("Agreement") for the SAS(r) University Edition software ("Software") before using the Software. By using the Software, you ("You"), are agreeing to the terms and conditions of this Agreement. .If You do not agree to all of the terms of this Agreement, do not use the Software. This license is personal to You and You may not share it or use it for the benefit of anyone else or for the commercial benefit of any business or organization except to the limited extent that your enhanced knowledge of how to use SAS software may indirectly benefit that business or organization. 1. Definitions. Capitalized terms shall have the meanings set forth in this Section or as otherwise provided in this Agreement. 1.1. "Documentation" means the Software documentation made available to You via a link provided by SAS. 1.2. "Service" means the cloud computing platform web hosting service provided by WSA Provider pursuant to which You access and use the Software under this Agreement. 1.3. "Term" means the period beginning on the date You first use the Software and continuing until the termination of Your agreement with WSA Provider unless this Agreement is earlier terminated in accordance with its Section 9 or Section 11. 1.4. "Web Services Account" or "WSA" means a cloud based account You maintain at one of the SAS authorized cloud computing platform web hosting service providers which hosts the Software You access and use under this Agreement. 1.5. "WSA Provider" means the entity providing the WSA. 2. License Grant. Subject to Your compliance with all of the terms and conditions of this Agreement and all terms and conditions of agreements with third parties for the Service, including without limitation WSA Provider, SAS grants You a nonexclusive, nonassignable, nontransferable, access based license to use the Software and Documentation during the Term solely as provided by SAS through the Service. You may use and/or access the Software only via the Service. You may use the Software solely for your own internal, non- commercial academic purposes. You may use the Documentation solely in support of Your authorized and licensed use of the Software. Except to the extent allowed by law, You may not use the Software or Documentation or allow any other person or entity to use the Software or Documentation for the purpose of bringing an intellectual property infringement claim against SAS or for the purpose of developing an offering or product directly or indirectly competing with an offering or product from SAS. SAS has no obligation to provide support for the Software. SAS has configured the Software as part of a vApp. "vApp" is defined as a software bundle consisting of the Software and any third party technology that may be appropriate or necessary for use with the Software, as determined by SAS. Such third party technology included in the vApp is provided for use with the Software under the terms of the applicable third party license agreement specified in the Software Documentation and not under the terms of this Agreement. 3. Your Responsibilities. You agree to bear Your own costs associated with this Agreement. You are responsible for Your connection to and use of the Service. You shall take reasonable precautions to secure any such connection and Your computer facilities including, but not limited to, networks, extranets and web sites, in order to protect them from unauthorized access and use. SAS is not responsible for any aspect of the Service, including without limitation, its availability. You shall indemnify, defend and hold harmless SAS and its licensors for any claim arising from Your use of the Service (a) in breach of this Agreement or any agreement with WSA Provider or (b) in breach or infringement of third party rights. 4. Fees. The Software is licensed to You under this Agreement on a fee-waived basis. You shall pay WSA Provider fees for the Service. 5. Copying. You may not download or otherwise obtain physical copies of the Software or Documentation under this Agreement. You may not back up the Software or Documentation except to an account on the Service. 6. Title; Source Code; Ownership. Title to the Software and its Documentation remains with SAS and its licensors at all times. Copyright notices and other proprietary rights notices in the Software and Documentation shall not be deleted or modified. This Agreement does not transfer any ownership rights. Source code from which the Software object code is derived ("Source Code") is not being provided and is a trade secret of SAS and SAS' licensors to which access is not authorized. You may not reverse engineer, reverse assemble or decompile the Software or in any way attempt to recreate the Source Code, except and only to the extent applicable laws specifically prohibit such restriction. All right, title and interest in any other materials shall remain with the providing party or its licensors. 7. Phone Home. You understand and agree that the Software may from time to time automatically send certain non-individually identifiable information regarding Software usage and configuration to SAS to assist SAS with future development and support of the Software. You specifically consent to such communication. 8. Warranty Disclaimers; Limitation of Liability. Should SAS provide Software which will not function, Your exclusive remedy is the right to immediately terminate this Agreement and cease using the Software. THE SOFTWARE IS PROVIDED "AS IS". SAS AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING AS A RESULT OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAS AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT USE OF THE SOFTWARE WILL RESULT IN COMPLIANCE, FULFILLMENT OR CONFORMITY WITH THE LAWS, RULES, REGULATIONS, REQUIREMENTS OR GUIDELINES OF ANY GOVERNMENTAL AGENCY. NEITHER SAS NOR ITS LICENSORS ARE LIABLE FOR (A) DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR RELIANCE DAMAGES (ARISING IN TORT, CONTRACT OR OTHERWISE) OR (B) ANY CLAIM AGAINST YOU BY A THIRD PARTY, EVEN IF SAS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. Some jurisdictions do not allow limitations of liability or exclusions of incidental or consequential damages, so certain provisions of this Section may not apply to You; however, they apply to the greatest extent permitted by applicable law. 9. Infringement. You agree to promptly notify SAS in writing of any claim made against You for copyright, patent, trade secret or other intellectual property rights violation relating to the Software. In such event either You or SAS may terminate this Agreement, and such termination constitutes Your exclusive remedy. 10. Confidentiality. You agree to use reasonable care to prevent any of SAS' Confidential Information from being revealed to third parties without SAS' prior written consent. As used herein, the term "Confidential Information" means the Software, including any improvements, updates and new releases and any information in tangible or intangible form which at the time of disclosure is designated as confidential (or like designation) or would be reasonably understood by You to be confidential. No individually identifiable information will be disclosed by either party under this Agreement. Confidential Information does not include information that (a) You already knew at the time of disclosure without an obligation of confidentiality; (b) You independently developed; (c) is made public by SAS; or (d) is disclosed by You with SAS' prior written approval. If, pursuant to court order or process of law, You are required to disclose Confidential Information, You shall notify SAS of the order or requirement prior to compliance and shall take all available steps to limit such disclosure. If You become aware of any unauthorized disclosure or use of the Confidential Information, You agree to: (i) immediately notify SAS of same; (ii) take all necessary steps to prevent further unauthorized access and/or use; and (iii) cooperate with SAS in its efforts to secure the Confidential Information and protect SAS' proprietary rights therein. 11. Termination; Expiration. This Agreement will remain in effect for the Term. Notwithstanding the foregoing, SAS may terminate this Agreement with immediate effect in the event You breach its terms. In such event, SAS will notify WSA Provider that You are not licensed to access and/or use the Software via the Service. Upon termination of Your license for any reason, You shall cease use of the Software via the Service. 12. Governing Law; Export and Import Restrictions. The laws of the State of North Carolina, excluding choice of law provisions, govern this Agreement. SAS hereby notifies You that the Software is of United States of America ("United States") origin and United States export laws and regulations apply to the Software. You agree to comply with these and other applicable export and import laws and regulations. Your compliance obligations include ensuring (a) that there is no access, download, export, re-export, import, or distribution of the Software or any underlying information, technology or data except in full compliance with all laws and regulations of the United States and in full compliance with any other applicable laws and regulations; and (b) compliance with restrictions of countries other than the United States related to exports and imports. United States export classification information for the Software can be found at SAS' Export Compliance website located at http://support.sas.com/adminservices/export.html. By accepting this Agreement and using the Software, You agree to the foregoing and represent and warrant that (i) You are not a party to whom the United States prohibits access to the Software; (ii) You are not located in, under control of, or a national or resident of any country or region to which export of the Software is restricted by laws of the United States or other applicable laws and regulations, including E:1 countries (currently Cuba, Iran, North Korea, Syria, and Sudan); (iii) You will not use the Software in activities directly or indirectly related to the proliferation of weapons of mass destruction; (iv) You will not share access to the Software with a party identified in this paragraph; and (v) You will not further export the Software without a license or other authorization from the United States 13. General. 13.1. Age Requirements for Use of the Software. This Agreement may be accepted only by individuals aged eighteen (18) years or older. If You are under the age of eighteen (18), You should review these terms and conditions with Your parent or guardian to make sure these terms and conditions are understood and Your parent or guardian must agree to the terms of this Agreement on Your behalf. 13.2. Severability. If a court of competent jurisdiction finds any part of this Agreement unenforceable, that part shall be excluded, but the remainder of this Agreement shall remain in full force and effect. 13.3. No Waiver. Failure to require compliance with a part of this Agreement is not a waiver of that part. Nothing in this subsection waives any remedy SAS may have under this Agreement at law, in equity, or otherwise. 13.4. Non-assignment. You may not assign this Agreement or any of Your rights or obligations hereunder. 13.5. Injunctive Relief. Monetary damages are inadequate to enforce any right or obligation arising under this Agreement or to prevent or cure any breach of this Agreement or SAS' intellectual property rights in the Software. SAS shall have the right to seek any form of available equitable relief to enforce any such right or obligation or prevent or cure any such breach without the obligation of posting bond. Such equitable relief may include, but is not limited to, the seeking of a temporary or permanent injunction, restraining order or order for specific performance, and may be sought in any appropriate court, with or without prior notice, depending on the circumstances. The parties further agree that any such equitable relief shall be without prejudice to any other rights accruing to a party under this Agreement. 13.6. English Language. The parties acknowledge that they have agreed that this Agreement and all notices and documents relating hereto shall be drawn up in the English language. 14. Complete Agreement. This Agreement is the parties' complete and exclusive statement relating to its subject matter. This Agreement may be modified only by a writing signed by both parties that specifically references this Agreement. Notwithstanding the foregoing, SAS may update the use terms for the Software by posting notice of such updates to the Service and Your continued use of Software following the posting of such updates shall signify your acceptance of the updated Software use terms. LGL3717/01FEB16 SAS and all other SAS Institute Inc. product or service names are registered trademarks or trademarks of SAS Institute Inc. in the USA and other countries. (r) indicates USA registration. Other brand and product names are trademarks of their respective companies.