SAS® Curriculum Pathways®
Trial License Agreement

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU CLICK "ACCEPT". BY CLICKING ON THE "ACCEPT" BUTTON, YOU AGREE TO THESE TERMS AND CONDITIONS AS WELL AS THE TERMS OF USE SPECIFIED BELOW. ONLY INDIVIDUALS WHO ARE EDUCATORS, STUDENTS OR PARENTS OF STUDENTS ARE ELIGIBLE FOR A TRIAL LICENSE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "DO NOT ACCEPT" BUTTON.

THIS TRIAL LICENSE AGREEMENT ("Agreement") governs your trial subscription to an application composed of certain SAS Institute Inc. ("SAS") proprietary curriculum products, including the SAS Curriculum Pathways software (the "Software") and other content contained therein (the "Service") during your evaluation period.

1. LICENSE GRANT. SAS grants you a nonexclusive license to access the Service and use the Software for evaluation purposes only for a limited time period not to exceed forty-five (45) days. Under this license, you may access the Service and use the Software solely for the purpose of evaluating or demonstrating it to determine if you wish to license it.



2. INTELLECTUAL PROPERTY RIGHTS. The Software is copyrighted. Title to and all other rights in the Service and the Software and all other rights remain with SAS or its licensors at all times. Source code underlying the Software object code ("Source Code") is a SAS trade secret that you may not access. You may not reverse assemble, reverse engineer, or decompile the Software or otherwise attempt to recreate the Source Code, except to the extent applicable laws specifically prohibit such restriction. You agree to abide by the copyright law and all other applicable laws of the United States.



3. GOVERNMENT USE. Use, duplication or disclosure of the Software and related documentation by the U.S. Government is subject to restrictions as set forth in FAR 52.227-19, Commercial Computer Software License (DEC 2007), excluding Paragraph (c) thereof, and this Agreement.



4. EXPORT RESTRICTIONS. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all laws and regulations of the United States of America and in full compliance with any other applicable laws and regulations. By accepting this Agreement, you are agreeing to the foregoing and representing and warranting that Licensee is not located in, under control of, or a national or resident of any country to which export of the Software is restricted by laws of the United States of America or other applicable laws and regulations.



5. DISCLAIMER OF WARRANTY. THE SERVICE AND ITS UNDERLYING SOFTWARE IS MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.



6. LIMITATION OF LIABILITY. SAS AND ITS LICENSORS DISCLAIM ANY LIABILITY CONNECTED WITH USE OF THE SERVICE AND ITS UNDERLYING SOFTWARE. NEITHER SAS NOR ITS LICENSORS ARE LIABLE FOR (a) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF SAS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN PROVISIONS OF THIS SUBSECTION MAY NOT APPLY TO YOU; HOWEVER, THEY APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.



7. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina and of the United States of America. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement.



8. COMPLETE AGREEMENT. This Agreement sets forth the entire agreement between Licensee and SAS related to the Software.