BotSlayer End-User License Agreement

BotSlayer End User License Agreement

 

Last revised September 10, 2019. Replaces all prior versions.

 

This End User License Agreement (“Agreement”) is made by and between you and The Trustees of Indiana University (“IU”), a body politic and corporate of the State of Indiana, and governs your use of the Licensed Software. You and IU hereby agree:

 

1      Definitions:  In addition to other capitalized terms defined herein, the following words and phrases have the meanings assigned to them below.

 

1.1         “Licensed Software” means the software known as “BotSlayer” made available by IU at https://osome.iuni.iu.edu/tools/botslayer/ and updated by IU from time to time at IU’s sole discretion.

 

1.2         “Party” means individually, you or IU.  Collectively, you and IU may be referred to as the “Parties.”

 

1.3         “Third Party Open Source Software” means elements of the Licensed Software that constitute open source software and are identified at https://osome.iuni.iu.edu/tools/botslayer/.

 

1.4         “Twitter Terms” means the Twitter Terms of Service of Twitter International Company, which are available at https://twitter.com/en/tos.

 

2      Grant:

 

2.1         IU hereby grants to you and you hereby accept a non-transferable, non-exclusive license to use the Licensed Software solely in accordance with the terms and conditions of this Agreement and the Twitter Terms.  While the Licensed Software is designed to comply with the Twitter Terms, to the extent that any of the terms and conditions of this Agreement are in conflict with the Twitter Terms, the terms and conditions of this Agreement will control.

 

2.2         The rights granted in Paragraph 2.1 are subject to the following limitations:

 

2.2.1        You may only use the Licensed Software for non-commercial purposes.

 

2.2.2        You may not reproduce, display, distribute, transfer, sublicense, make derivative works of, or perform the Licensed Software.

 

2.2.3        You may not translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Licensed Software.

 

2.2.4        You will comply with all applicable laws and regulations in your use of the Licensed Software, and you may not use or otherwise export or re-export the Licensed Software except as authorized by applicable U.S. export laws and regulations, including without limitation the Arms Export Control Act, as amended, and the Export Administration Act of 1979.

 

2.2.5        You may not alter or remove any copyright or proprietary rights notices in the Licensed Software.

 

2.2.6        You acknowledge that the Licensed Software contains Third Party Open Source Software that is included “AS IS” and agree to comply with the associated licenses of all such Third Party Open Source Software in your use of the Licensed Software.

 

2.3         This Agreement does not provide you with any ownership rights of any kind in the Licensed Software.  All rights, titles, and interests in and to the Licensed Software remain the property of IU, and nothing in this Agreement grants any right or license to you other than the rights expressly granted herein.

 

3      Consent to Use of Data:

 

3.1         You agree that IU may collect (a) anonymous identifiers about your connection, (b) your Twitter filter queries and timestamps, (c) publicly available Twitter data related to your use of the Licensed Software, including but not limited to information about Entities flagged by the Licensed Software as anomalies, Entity descriptors, and a sample of tweet-IDs and user-IDs associated with posts sharing the Entity, and (d) metrics calculated to measure Entity popularity, trendiness, and coordination likelihood (collectively, “Data”).  “Entities” means Twitter hashtags, user handles, links, media files, and phrases.

 

3.2         You agree that IU may use the Data (a) to improve the Licensed Software, (b) for educational and research purposes, or (c) to permit other non-profit and academic entities to use the Data for all of the same foregoing purposes.

 

4      Disclaimer of Warranties; Limitation of Liability:

 

4.1         IU PROVIDES THE LICENSED SOFTWARE “AS IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE LICENSED SOFTWARE FOR ANY PURPOSE.

 

4.2         IU WILL NOT BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATING TO YOUR EXERCISE OF ANY RIGHTS GRANTED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF THE LICENSED SOFTWARE, OR FOR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND.  THE ABOVE LIMITATIONS ON LIABILITY APPLY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

5      Indemnification:

 

5.1         You will indemnify, defend, and hold harmless IU and its affiliates, board of directors, trustees, employees, faculty, staff, students, successors, assigns, independent contractors, and agents (collectively, the “Indemnitees”) from and against any and all judgments, liabilities, losses, damages, actions, claims, costs, or expenses, including without limitation all attorney fees and costs incurred by the Indemnitees, arising out of or relating to the exercise of any rights conveyed under this Agreement, including without limitation your use of the Licensed Software.  You will not settle or compromise any claim or action in a manner that admits the fault of imposes restrictions, or creates obligations on the Indemnitees or requires any financial payment or admission of liability by the Indemnitees.

 

6      Term and Termination:

 

6.1         This Agreement is effective until the earliest of (a) your termination of this Agreement by discontinuing your use of the Licensed Software, (b) IU’s termination of this Agreement at IU’s sole discretion, or (c) automatic termination if you fail to comply with any of the terms herein.

 

6.2         Articles 3, 4, 5, and 7 of this Agreement will all survive expiration or termination of this Agreement.

 

7      General Provisions:

 

7.1         This Agreement will not be assigned, in whole or in part, by you to any third party without the prior written consent of IU.

 

7.2         You will not (a) imply any endorsement by IU when using the Licensed Software or (b) use of the name of IU or any of its employees or use the trademarks, including without limitation logos, of IU for any commercial, advertisement, or promotional purpose.

 

7.3         This Agreement will be construed, interpreted, and applied according to the laws of the State of Indiana without regard to any choice of law rules, and all claims, disputes, or controversies arising from or relating to this Agreement will be subject to the exclusive jurisdiction and venue of a state court of competent jurisdiction in Monroe County, Indiana or a federal court of competent jurisdiction in the Southern District of Indiana.  The Parties consent to the personal jurisdiction of such courts and waive any defense of forum non conveniens.

 

7.4         No waiver of any breach of this Agreement will constitute a waiver of any other breach of the same or any other provision of this Agreement, and no waiver will be effective unless made in writing by the Party against whom the waiver is sought to be asserted.  The delay or failure to assert a right or to insist upon compliance with any term or condition of this Agreement will not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition.

 

7.5         Neither Party is an agent, employer, employee, partner, joint venturer, or contractor of the other as a result of this Agreement.  The representations, warranties, covenants, and undertakings contained in this Agreement are for the sole benefit of the Parties and their permitted successors and permitted assigns and will not be construed as conferring any rights on any third party.  Neither Party may in any way pledge the other Party’s credit or incur any obligation on behalf of or bind the other Party on its behalf.

 

7.6         The provisions of this Agreement are severable in that if any provision in this Agreement is finally determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or non-enforceability will not in any way affect the validity or enforceability of the remaining provisions or the validity or enforceability of such provision in any jurisdiction where valid and enforceable.  Any invalid or unenforceable provision will be reformed by the Parties to effectuate their intent as evidenced on the Effective Date.

 

7.7         This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof.  This Agreement supersedes any and all other agreements between the Parties regarding such subject matter, either written or oral.  Notwithstanding the foregoing, IU reserves the right, at its sole discretion, to revise the terms and conditions of this Agreement from time to time.  By continuing to use the Licensed Software after such revisions become effective, you agree to be bound by the revised Agreement.