END USER LICENSE AGREEMENT
The International Association for the Evaluation of Educational Achievement, henceforth referred to as IEA, located at Herengracht 487, 1017 BT Amsterdam, The Netherlands, represented in this matter by Mr Dirk Hastedt, Executive Director and the User, whereas:
- IEA has developed software called IDB Analyzer and wishes to protect its rights with respect to this software product;
- IEA therefore permits the use of IDB Analyzer only under the following conditions;
- The User(s) agree to the following conditions:
1. The product
IDB Analyzer is software used to combine and analyze data from IEA studies such as TIMSS, TIMSS Advanced, PIRLS, SITES, TEDS, CivED, ICCS and other large-scale assessments. It creates SPSS syntax that can be used to perform analysis with the aforementioned international databases.
The IDB Analyzer consists of two modules:
a. Merge Module
The Merge Module is used to create analysis data sets by combining data files from different countries and merging data files from different sources like background questionnaires and achievement files, or student level files with teacher or school level files. It allows the User to easily select individual or groups of variables to create a smaller and more manageable dataset. The Merge Module is only available to use with IEA databases and others in which the data are published separate by country, currently OECD-TALIS and OECD-PIAAC. The Merge Module is designed to combine data from the same assessment year.
b. Analysis Module
The Analysis Module can create code for several analysis procedures using datasets previously combined using the Merge Module. Like the Merge Module, the Analysis Module creates SPSS code that computes the statistics specified by the User. The Analysis Module provides procedures for the computation of means, percentages, correlations, regressions, benchmarks and percentiles for any variable of interest for a country and for specific subgroups within a population.
The product also includes a Help Manual.
2. Grant of license
a. Installation and use/costs
IEA grants the User the right to install and use a copy of the product on his or her computer running a validly licensed copy of the Windows operating system, for which the product was designed.
b. Backup copies
The User may also make copies of the product as may be necessary for backup and archival purposes.
3. Description of other rights and limitations
a. Maintenance of copyright notices
The User must not remove or alter any copyright notices on any and all copies of the product.
The User may not distribute registered copies of the product to third parties.
c. Prohibition on reverse engineering, decompilation and disassembly
The User may not reverse engineer, decompile or disassemble the product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
The User may not rent, lease or lend the product. In general, the User or a third party on their behalf may not use the product for commercial goals or in commercial services or products, without prior approval by the IEA.
e. Support services
IEA may provide the User support services related to the product. Any supplemental software code provided to you as part of the support services shall be considered part of the product and subject to the terms and conditions of this EULA.
f. Compliance with applicable law
The User must comply with all applicable laws regarding use of the product.
Without prejudice to any other rights, IEA may terminate this EULA if the User fails to comply with the terms and conditions of this EULA. In such event, the User must destroy all copies of the product in his or her possession.
All title and intellectual rights, including but not limited to copyrights, in and to the product and any copies thereof are owned by IEA or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by IEA.
6. No warranties
IEA expressly disclaims any warranty for the product. The product is provided “As Is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement or fitness of a particular purpose. IEA does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the product. IEA makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. IEA further expressly disclaims any warranty or representation to authorized User(s) or to any third party.
7. Limitation of liability
In no event shall IEA be liable for any damages (including, without limitation, lost profits, business interruption or lost information) rising out of authorized User(s) use of or inability to use the product, even if IEA has been advised of the possibility of such damages. In no event will IEA be liable for loss of data or for indirect, special, incidental, consequential (including lost profit) or other damages based in contract, tort or otherwise. IEA shall have no liability with respect to the content of the product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
Changes to this license agreement will be valid only if they have been agreed in writing.
Disputes over the license will be resolved as far as possible in mutual consultation. Should this fail, the parties will then settle their disputes by way of mediation, without prejudice to their right to address the court in Amsterdam.
10. Applicable law
This contract is governed by Dutch law.
On behalf of IEA,
Mr Dirk Hastedt