The terms and conditions of this Product License Agreement govern your (either as an individual or the entity you represent, together (“Customer”)) downloading, installation, access to, and use of the Booz Allen Hamilton, Inc. (“BAH”) Product (“Agreement”). If you do not agree to the terms of this Agreement, then do not download, install, access or use the Product. If Customer has previously entered into an agreement with BAH governing its use of the Product that is still in effect, that agreement takes precedence over this Agreement. By downloading, installing, accessing, or using the Product, Customer acknowledges that it has read all of the terms and conditions of this Agreement, it understands them, and Customer agree to be legally bound by them. For purposes of this Agreement, the Effective Date shall be the earliest date when Customer either downloads, installs, accesses, or uses the BAH Product.
Argo (TM) (“Product”)
A Microsoft Excel plug-in for analytical decision-making using dynamic, real time, and responsive simulation capabilities.
BAH grants to Customer a non-exclusive, non-transferable, non-sublicensable license to download and install the Product onto a single customer computer and use the Product in accordance with the Documentation and this Agreement. Customer understands that the Product is owned by BAH and that the Product is licensed, and not sold to Customer. Customer obtains no rights in or to the Product. Customer acknowledges that the Product may contain security mechanisms which limit use to the specified number of users and/or delete or disable the Product upon expiration or termination of this Agreement. Customer agrees and acknowledges that BAH is the sole and exclusive owner of the product, including any materials resulting therefrom, and Booz Allen retains all right, title and interest in the product. Certain components of the Product are governed by the open source licenses identified on Exhibit A. Customer’s license with respect to such components are defined by the applicable open source software license.
Customer shall receive Product updates (collectively “Updates”) as and when such Updates are generally provided by BAH to its Customers of the Product. BAH can discontinue Updates in its sole discretion at any time.
Customer shall not: (i) make any copies of the Product other than one (1) copy for backup purposes; (ii) remove or otherwise modify any proprietary markings or notices contained within or placed upon the Product; (iii) sublicense, sell, assign, lease, rent, distribute, display, or transfer the Product to any third party; (iv) make any modifications to, or derivative works of, the compiled version of the Product; (v) disassemble, decompile, reverse engineer, or cause or permit any third party to do any of the foregoing with respect to, the Product; (vi) provide the Product to any third party for evaluation and analysis without the express written permission of BAH; or (v) act in a fraudulent, tortious malicious, or negligent manner when using the Product.
Customer agrees to comply with all applicable laws in connection with its permitted use of the Product hereunder, including, without limitation, all import and export laws and regulations or infringes or violates the rights of others including, but not limited to third party intellectual property, privacy, and publicity rights.
This Agreement can be terminated immediately by either party upon notice to the other party. Any such termination will be in addition to and not in lieu of any equitable remedies available to BAH. Upon termination, Customer shall destroy all copies of the Product, along with any permitted backup copies.
Customer is encouraged provide suggestions, comments, or other materials (collectively “Feedback”) as an outcome of Customer’s evaluation of the Product to [email protected] or through the Product’s Github page. Customer acknowledges that some Products may be in pre-release form, and that the final retail version may not necessarily include the same features, functionality, and/or interfaces as the evaluation version. Customer acknowledges that BAH is under no obligation to release a final retail version, or if a retail version is released, to include any Feedback. Customer hereby grants to BAH a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, sub-licensable, transferable license to use or incorporate into the Product any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer relating to the operation of the Product.
Customer is responsible for all acts and omissions of its users, and Customer shall ensure that its users shall comply with the terms and conditions of this Agreement. Customer shall not permit its users to install, access, or use the Product other than as expressly provided herein.
The Product as part of this Agreement is provided “As Is.” BAH and its suppliers expressly disclaim all warranties, representations, and guarantees, whether oral or written, implied or statutory, with regard to the Product, including without limitation all warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, and warranties arising from course of dealing or usage of trade, to the maximum extent permitted by applicable law. BAH does not warrant that (i) the Product will meet Customer’s needs; (ii) the Product will be error-free or accessible at all times; or (iii) the use or the results of the use of the Product will be correct, accurate, timely, or otherwise reliable. Customer acknowledges that the Product has not been prepared to meet the Customer’s individual requirements, whether or not such requirements have been communicated to BAH. Customer assumes all responsibility for use of the Product.
In no event shall BAH be liable for any consequential, indirect, incidental, special, punitive, or exemplary damages, including any damages for loss of profits, revenue, use, goodwill, or data arising in any way out of or in connection with this Agreement. BAH shall not be liable for any claim by Customer based on any third party claim and in no case shall BAH’s liability for any cause of action in the aggregate including without limitation, breach of contract, breach of warranty, strict liability, misrepresentations, and other torts exceed $100.
Customer will indemnify and hold BAH harmless from any claims based on the use of the Product for any purposes other than those set forth in this Agreement.
Each Party shall keep confidential and shall not use or disclose (except in connection with a Party’s performance) any information disclosed to it by the other Party that is marked as “confidential” or should reasonably be understood to be confidential (“Confidential Information”), subject to clauses (i) and (ii) below. The following shall not constitute “Confidential Information:” (i) information that was publicly available or in the possession of the non-disclosing Party at the time of disclosure to such Party, and (ii) information that subsequently becomes publicly available through no fault of the non-disclosing Party.
The Product is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227.7202-4, as applicable, all United States Government end-users acquire rights to use the Product hereunder only as a “commercial item” and only with those rights that are granted to all other end-users pursuant to the terms and conditions of the Agreement. The Product is delivered with “restricted rights,” and “limited rights,” respectively, as set forth in FAR 52.227-19, FAR 52.227-14, and DFARS 252.227.7015.
The Product is subject to U.S. export control laws and may be subject to export or import regulations in other countries. Customer agrees to strictly comply with all such laws and regulations and acknowledges that Customer is responsible for obtaining such licenses to export, re-export, or import as may be required. Customer will indemnify and hold BAH harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to any breach by Customer of its obligations under this Section.
Customer acknowledges that “Booz Allen Hamilton,” “BAH,” the name of the Product referenced in this Agreement, and any other trademarks and service marks adopted by BAH to identify the product belong to BAH. Assignment This Agreement, and each right, license and obligation under this Agreement, may not be assigned or transferred by Customer, including by operation of law, without BAH’s prior written approval.
This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia. Each Party consents to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Virginia with respect to any actions for enforcement of or breach of this Agreement.
This Agreement, together with any Exhibits, constitutes the entire agreement among the Parties and supersedes all prior discussions and writings with respect hereto. No modification, alteration or amendment of this Agreement shall be effective unless set forth in writing and signed by the Parties.
Exhibit A- Open Source License
- ExcelDNA (Excel-DNA)
- MIT License: https://exceldna.codeplex.com/license
- MathNet.Numerics (Math.NET Numerics)
- MIT License: http://numerics.mathdotnet.com/License.html
- Xceed.WPF.Toolkit (Extended WPF Toolkit)
- Microsoft Public License: http://wpftoolkit.codeplex.com/license