AILALink

AILALink Offline Software License Agreement

AILALink Offline Software User Agreement

Using AILALink Offline

AILALink Offline is the downloadable version of the website. Each subscriber receives one free download as part of a subscription. It can be downloaded to a desktop PC or laptop. If there are concurrent users on the account, downloads can be purchased for each concurrent user for $75 per user. But there must be a concurrent user on the account in order to purchase an additional offline license.

The download of the initial file is approximately 540 MBs. Once this is done, you receive all the updates you've missed since the initial file was developed. Detailed instructions can be found on the website under AILALink Help on the TOC.

Once installation is complete, you will activate the license file that will allow you to open and use AILALink Offline. AILALink Offline automatically opens in Internet Explorer or Firefox depending on which is your default browser. The updates will be delivered via your online connection.

Access to your Offline version is directly related to whether your AILALink account remains up to date. Upon expiration of your account or upon cancellation, the Offline version will cease to operate as well.

NOTE: Your use of Offline will restrict your ability to receive any prorated refund of your subscription price during the annual cycle. It will require that you accept conditions before downloading the file.

Offline can be found under the Options tab on the website. You can contact our Tech Support if you need additional help in downloading, 1-866-AILALINK (1-866-245-2546) or AILALinkSupport@aila.org available weekdays from 7:00 am to 8:00 pm (ET). (From outside the United States, call (+1) (410) 727-8566.)

AILALink Offline Software License Agreement

IMPORTANT - READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THIS PACKAGE

This is a legally binding agreement ("Agreement") between you ("Licensee") and AILA Publications ("AILA"). Opening the package containing the Software media, clicking on any "acceptance" or "agreement" screen, icon or provision, and/or using the Software confirms Licensee's acceptance of these terms and conditions. If Licensee does not agree to the terms of this Agreement, Licensee may not install the Software and should promptly close the install screen and return to AILA for a credit or refund (if due).

The Software may be licensed under one or more of the following grants based on the applicable license purchased, as indicated on the Software License. In order to use the Software for Commercial Purposes (as defined below), Licensee must enter into the appropriate, separate Commercial Publishing Agreement with FAST.

1. SERVER-BASED CPU LICENSE GRANT. By purchasing the Software for use on a web server, Licensee has acquired the non-exclusive right to use the Software with the Number of CPUs and for the number of Users specified on the account for non-Commercial Purposes (each as defined below), subject to the terms and conditions of this Agreement. For purposes of this License Grant, (a) the Number of CPUs shall be defined as the total number of CPUs available to the software on one or more machines (for example, a 4 CPU license permits use on 4 machines), (b) a User is an authorized user that accesses any of the functions of the Software, and (c) non-Commercial Purposes shall mean access of any of the functions of the Software to publish or disseminate information solely within the corporate Licensee purchasing the Software without imposition of a fee to access such information. Any other use is deemed to be for Commercial Purposes. Licensee may not make a copy of the Software for backup purposes.

2. OFFLINE DISTRIBUTION LICENSE GRANT. By purchasing the Software for offline distribution, Licensee acquires the non-exclusive right to distribute the Software to the number of Users specified on the account for non-Commercial Purposes (each as defined in Section 1, above, subject to the terms and conditions of this Agreement. Licensee may make a single extra copy of the Software for backup purposes.

3. NON-COMMERCIAL WEB LICENSE GRANT. By purchasing the Software for non-commercial Web use, Licensee acquires the non-exclusive right to an unlimited number of uses of the Software for non-Commercial Web Purposes (as defined below), subject to the terms and conditions of this Agreement. Non-Commercial Web Purposes is use of the Software to publish or disseminate information over the Public Internet without imposition of a fee (either directly or indirectly) and without restriction of access to such information. This License Grant requires the purchase of a Server-Based CPU License Grant. In order to use the Software for Commercial Purposes, Licensee must enter into a separate Commercial Publishing Agreement with AILA. Licensee may make a single copy of the Software for backup purposes.

4. COMMERCIAL LICENSE GRANT. By purchasing the Software for Commercial Purposes, Licensee has acquired the non-exclusive right to use of the Software by an unlimited number of Named or Concurrent Users for Commercial Purposes (each as defined in Section 1, above) or for Hosting purposes, subject to the terms and conditions of this Agreement. In order to use the Software for Commercial Purposes, Licensee must enter into a separate Commercial Publishing Agreement with FAST, including where applicable, FAST's standard Hosting Addendum. Licensee may make a single extra copy of the Software for backup purposes.

5. RESTRICTIONS. Licensee may not permit others to (a) disassemble, decompile or otherwise derive source code from the Software, (b) reverse engineer the Software, (c) modify or prepare derivative works of the Software, (d) copy the Software, except as expressly permitted in this Agreement, (e) rent or lease the Software, (f) use the Software in any manner that infringes the intellectual property or other rights of another party, or (g) transfer the Software or any copy thereof to another party without the express prior written consent of AILA.

6. OWNERSHIP. Licensee acknowledges and agrees that AILA and its licensors own the Software and all trade secrets, copyrights, patents and other intellectual property rights in the Software.

7. LIMITED WARRANTY. For a period of 30 days from the date Licensee acquires the Software, AILA warrants that the media upon which the Software resides will be free of defects that prevent Licensee from loading the Software on Licensee's computer(s). AILA's sole obligation under this warranty is to replace any defective media, provided that Licensee gives AILA written notice of the defect within the 30-day period. The Software is licensed to Licensee on an "AS IS" basis without warranty of any kind. AILA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This limited warranty is void if failure of the Software results from accident, abuse, or misapplication. Any replacement Software will be warranted for thirty (30) days from Licensee's date of receipt.

8. LIMITATION OF LIABILITY; EXCLUSIVE REMEDIES. AILA SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL (INCLUDING LOST PROFITS), ARISING OUT OF OR RESULTING FROM LICENSEE'S POSSESSION OR USE OF THE SOFTWARE (INCLUDING DATA LOSS OR CORRUPTION), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE AND WHETHER OR NOT SUCH LOSS IS FORESEEABLE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, AILA'S MAXIMUM LIABILITY TO LICENSEE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE. THE REMEDIES AVAILABLE TO YOU UNDER THIS AGREEMENT ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE.

9. PROPRIETARY DATA. All computer software, firmware, documentation, and/or other data are commercial items licensed by AILA and are subject to license and other restrictions, authorized by contract and FAR 12.212 or DFARS 252.227-7202. The Contractor/manufacturer of the Software is FAST, 13997 South Minuteman Drive, Suite 350, Draper, UT 84020.

10. TERM. This Agreement is effective upon Licensee's assent to its terms and conditions in the manner specified above and shall continue unless terminated as provided hereunder. Licensee may terminate this Agreement at any time by deleting all copies of the Software and documentation, and any portions thereof, from the computer or network server on which they are installed and destroying all such copies. AILA may terminate this Agreement if Licensee breaches any material term of this Agreement and such breach is not cured within thirty (30) days of notice thereof. Licensee will promptly return all existing copies of the Software and documentation, and any portions thereof, to AILA upon termination of this Agreement.

11. PRICE AND PAYMENT. Licensee shall pay AILA the applicable license fees as determined in accordance with AILA's current standard pricing.

12. EXPORT ASSURANCES. Licensee may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations, including without limitation, the United States Export Administration Act, the Trading With the Enemy Act, the International Emergency Economic Powers Act and any regulations thereunder. Any transfer of technical data outside the United States by any means, including the Internet, is an export that is subject to export control requirements under U.S. law. In particular, but without limitation, 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, wherever located, of) Cuba, Libya, North Korea, Iran, Iraq, Syria, Sudan or any other country to which the U. S. prohibits exports of goods or technical data; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the Table of Denial Orders issued by the Department of Commerce. By downloading or using the Program, Licensee agrees to the foregoing and Licensee represents and warrants that Licensee is not located in, under the control of, or a national or resident of any such country or on any such list or table. In addition, if the Software is identified as a not-for-export Software (for example, on the box, media, in the installation process, or during the download process), then except for export to Canada for use in Canada by Canadian citizens, the Software and any underlying information or technology may not be exported outside the United States or to any foreign entity or "foreign person" as defined by U.S. Government regulations, including without limitation, anyone who is not a citizen, national, or lawful permanent resident of the United States. By downloading or using the Software, Licensee agrees to the foregoing that if this Software is identified as not-for-export Software, Licensee represents and warrants that Licensee is not a "foreign person" or under the control of a "foreign person."

13. ASSIGNMENT. Licensee may not assign Licensee's rights under this Agreement to another party without AILA's prior written consent. Any such unauthorized assignment shall be void.

14. MISCELLANEOUS. This Agreement is governed by the laws of the State of New York without regard to provisions pertaining to conflicts of law. This Agreement, and Licensee's right to use the Software, will terminate upon breach of this Agreement. If any provision of this Agreement is held to be unenforceable, the unenforceable provision shall be deemed stricken from this Agreement, and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement duly executed by Licensee and AILA, this Agreement is the complete agreement between Licensee and AILA with respect to the Software. Questions concerning this Agreement may be addressed to AILA at: AILA Publications, 1331 G Street NW, Washington, DC 20004. Attn: Product Manager.

15. SOURCE CODE. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be copied or redistributed in any form.

AILALink Offline Software User Agreement

IMPORTANT - YOU MUST READ AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS!

I understand that once I download and install the AILALink Offline Publisher to my computer, I agree to maintain my AILALink subscription for the duration of my account period. I CANNOT receive a prorated refund or credit of the purchase price of AILALink and any concurrent licenses and Offline licenses purchased for the duration of my subscription period. This condition applies only if I choose to download AILALink Offline. The use of AILALink Offline is wholly voluntary. One (1) free download is included with my subscription.

I agree

I disagree

I understand if I choose NOT to download AILALink Offline, I am entitled to a refund or credit of the purchase price of my AILALink subscription and any concurrent users or Offline licenses purchased. Refunds are prorated after 30 days from the beginning date of my subscription to the date of my request less an administrative fee of $175. Refunds requested within 30 days of the start date of the subscription are fully refundable. Refunds must be requested in writing. Send refund requests to ailalink@aila.org.

This is a legally binding agreement ("Agreement") between you ("Licensee") and AILA Publications ("AILA").

Downloading the file containing the Software media, clicking on any "acceptance" or "agreement" screen, icon or provision, and/or using the Software confirms Licensee's acceptance of these terms and conditions.

If Licensee does not agree to all the terms of this Agreement, Licensee may not install the Offline Software and should promptly close the download/install screen and return to AILA for a credit or refund (if due).