IMPORTANT! The Software is licensed only on the condition that you ("YOU") agree with the University of British Columbia having its administrative offices at #103 - 6190 Agronomy Road, Vancouver BC V6T 1Z3 ("UBC") to the terms and conditions set forth below.

PLEASE CAREFULLY READ ALL THE TERMS OF THIS LICENSE AGREEMENT. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK ON THE "I Accept..." BOX AT THE BOTTOM OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE PRODUCT.

1. SOFTWARE: As used in this Agreement "Software" shall mean the FEAT computer program and all related documentation which was developed at UBC.

2. LICENSE TO USE: UBC hereby grants to YOU a non-exclusive, non-transferable, limited license to use the Software solely on the terms, conditions and restrictions contained in this Agreement.

3. RESTRICTIONS: The Software and any and all knowledge, know-how and/or techniques relating to the Software, as may be modified or enhanced, in whole or in part, is and will remain the sole and absolute property of UBC and UBC owns any and all right, title and interest in and to the Software. All inventions, discoveries, improvements, software, copyright, know-how or other intellectual property, whether or not patentable or copyrightable, created at UBC prior to, after the termination of, or during the course of this Agreement pertaining to the Software is and will remain the sole and absolute property of UBC. No right, title or interest in or to any trademark, service mark, logo, or trade name of UBC is granted to YOU under this Agreement. Without limiting the forgoing YOU shall not, and shall not authorize any third party to:
   • make copies of the Software, other than a single backup copy, and any such copy together with the original must be kept in YOUR possession or control;
   • modify, decompile, disassemble, translate into another computer language, create derivative works, or otherwise reverse engineer the Software;
   • distribute, sell, lease, transfer, assign, trade, rent or publish the Software or any part thereof and/or copies thereof, to others;
   • license or sublicense the use of the Software to others;
   • use the Software or any part thereof for any purpose other than evaluation of the technique;
   • use, without their expression permission, the name of UBC in YOUR advertising, publicity, or otherwise.

4. DISCLAIMER OF WARRANTY: THE SOFTWARE IS PROVIDED TO YOU BY UBC "AS IS", AND YOU ACKNOWLEDGE AND AGREE THAT UBC MAKES NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE SOFTWARE FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES.

   IN PARTICULAR, NOTHING IN THIS AGREEMENT IS OR WILL BE CONSTRUED AS:

   • A WARRANTY OR REPRESENTATION BY UBC AS TO THE VALIDITY OR SCOPE OF ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE;
   • AN OBLIGATION TO FURNISH ANY SOFTWARE, TECHNOLOGY, OR TECHNOLOGICAL INFORMATION OTHER THAN THE SOFTWARE;
   • AN OBLIGATION ON UBC TO CORRECT MALFUNCTIONS ("MALFUNCTIONS") THAT ARISE IN ANY VERSION OF THE SOFTWARE DELIVERED TO YOU. MALFUNCTIONS, AS USED HEREIN, MEANS ERRORS DEEMED TO BE INTERNAL TO THE SOFTWARE. UBC DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM MALFUNCTIONS, NOR THAT ANY MALFUNCTIONS CAN OR WILL BE CORRECTED OR THAT UBC WILL DEVELOP OR PROVIDE YOU WITH ANY OPERATIONS, CAPABILITIES OR FEATURES NOT PRESENT IN THE VERSION OF THE SOFTWARE DELIVERED TO YOU UNDER THIS AGREEMENT.

5. LIMITATION OF LIABILITY: UBC WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LIABILITY, LOSS OR DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED, EITHER DIRECTLY OR INDIRECTLY, BY THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL UBC BE LIABLE FOR ANY LOST REVENUE, PROFIT BUSINESS INTERRUPTION OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF UBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. INDEMNITY:YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE UNIVERSITY OF BRITISH COLUMBIA, ITS BOARD OF GOVERNORS, FACULTY, STAFF, STUDENTS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, ACTION, CLAIM OR EXPENSE (INCLUDING ATTORNEY'S FEES AND COSTS AT TRIAL AND APPELLATE LEVELS) IN CONNECTION WITH ANY CLAIM, SUIT, ACTION, DEMAND OR JUDGMENT ARISING OUT OF CONNECTED WITH, RESULTING FROM, OR SUSTAINED AS A RESULT OF YOUR USE OF THE SOFTWARE OR IN EXECUTING AND PERFORMING THIS AGREEMENT.

7. TERM:This Agreement is effective until terminated. YOU may terminate this Agreement at any time by ceasing use of the Software and destroying or deleting any copies of the Software. This Agreement will terminate immediately without notice from UBC if you fail to comply with any provision of this Agreement. On any termination of this Agreement the Disclaimer of Warranty, Limitation of Liability and Indemnity provisions of this Agreement shall survive such termination.

8. GENERAL PROVISIONS:
   • This Agreement will be governed and interpreted according to the laws of British Columbia, Canada. YOU agree that by accepting the terms of this Agreement and using the Software YOU have attorned to the jurisdiction of the Supreme Court of British Columbia.
   • This Agreement is the entire agreement between YOU and UBC relating to this subject matter.
   • No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

The provisions of this Agreement are severable in that if any provision in the Agreement is determined to be invalid or unenforceable under any controlling body of law, that will not affect the validity or enforceability of the remaining provisions of the Agreement