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SAS Agreement Overview

Contents

 

1. Agreement Details

(i) Product full name

SAS Software - a full list of covered products can be found in the attached Price and Availability List.

(ii) Product owner

SAS Software Limited
Wittington House
Henley Road
Medmenham
Marlow
Buckinghamshire
SL7 2EB

(iii) Product supplier

SAS Software Limited
Wittington House
Henley Road
Medmenham
Marlow
Buckinghamshire
SL7 2EB

(iv) Agreement Period

This is a 3 year agreement commencing on 1 August 2008 and terminating on 31 July 2011. Institutions may participate at any time during the agreement period and will be bound until the end of the licence period. Charges will be prorated on a monthly basis upon joining, if appropriate.

(v) Institution Commitment Period

The licence period will commence on receipt of the paperwork by Chest, finishing on 31 July 2011. See the Pricing section for full details.
The Agreement to which this refers is a formal agreement between Eduserv and SAS Software Limited.

2. Eligible Sites

This Agreement is available to Eduserv sites of Higher and Further Education, Research Councils, and Chest Ireland.

3. Background Detail / Community Evaluation

SAS Software has been supplied to sites through an Eduserv/SAS Agreement for a number of years. This Agreement has now been renewed for a further 3 years with an enhanced set of products included in the base package.

4. Products Covered

The Agreement covers SAS software (see Price/Availability List) and one set of documentation for each platform provided. The charges also include support, new versions, system releases and associated new documentation. New platforms will be available within the charges if and when commercially available from SAS.

5. Product Description

SAS Software offered under this agreement includes decision support applications, statistical applications, data warehousing, data mining, OLAP, data visualisation and applications development products.

6. Platforms

See the SAS Website for up-to-date information.

7. Requirements

See the SAS Website for up-to-date information.

A SETINIT is a product authorisation code; a program which, when applied to the Software, allows the Software to operate for its designated term. SETINITS will be supplied to a Site upon payment, for the licensed product(s), to SAS by Eduserv. Eduserv will not make payment to SAS prior to receiving payment from sites, so please ensure early payment of your Eduserv SAS invoice to avoid delay in the release of your SETINITS. SETINITS for the current release of SAS will be sent to licensed Institutions unless SETINITS for an earlier release are requested.

SETINITS - Upon receipt of the SETINITS from SAS there is an easy way to select the SETINITS that you require.

8. Institution Evaluation Copy / Exhibition Licence

Sites may evaluate SAS Software on request to Eduserv, who will then liaise with SAS.

9. Licence Type

All-platform Departmental, Faculty and Campus Licences are offered, with an additional single-platform Campus Licence option available. Licence levels and prices can be viewed at the attached Price & Availability List. Normal Chest terms and conditions of use apply. However, your attention is drawn to the 'Special Licence Conditions' in which SAS have stated that SAS Software MAY NOT be used for the administration and management of the business of the Licensee's organisation. Administration in this context is the Site central and departmental systems for Human Resources, Accounting, Estate Management, etc. These run on systems different from the teaching and research applications. If you are in any doubt on this matter, then please refer to SAS.

Copying of the Software is allowed at any Licensed Institution for use in accordance with Clause 4 of the 'Special Licence Conditions'.

Students who are issued with a copy of the software should sign the Student Use Agreement. This is a form for your own internal use to record and ensure that students issued with a copy of the software have been made aware of their duties and obligations with regard to its use.

One of the conditions of this agreement is that your Institution will register each server that SAS Software is installed/used on. The Server Registration Form should be completed before, or at the time the software is installed on the Server.

SAS Solutions software products are subject to further Special Licence Conditions which can be viewed in full at Appendix C to Schedule 4.

Specifically for SAS/IntrNet, the attention of the licensee is drawn to the paragraph quoted below to the effect that the software is primarily licensed for use within the United Kingdom and the Republic of Ireland. Whilst SAS permits copies made under this licence to be taken and used outside of the UK for a limited period, such permission is granted subject to certain export restrictions; details are available from SAS whose consent to export should first be sought. Chest in line with the UK Government does not support extraterritorial controls and thus leaves it up to the institution to decide whether or not it still wishes to be licensed and thus accept this condition.

"Site may not download or otherwise export or re-export any software or any underlying information or technology except in full compliance with all laws and regulations of the United States of America and any other applicable laws and regulations. Site is responsible for and will hold SAS harmless from any damages suffered by SAS and any liability incurred by SAS as a result of Third Party End User access to SAS software. The United Nations Convention on Contracts for the International Sale of Goods is excluded from this Licence Agreement."

SAS regards 'Enterprise Miner' as a particularly valuable research tool and staff and students as end-users MUST be made aware that the results of the use of this product may not be made known to any third party other than in circumstances where the results are published first in the public domain. Where search results are to be developed e.g. by students on placement the permission of SAS as licensor must first be sought and any additional payment or other arrangement effected before the research begins.

Site may copy SAS Software (a) for disaster recovery and back-up purposes, and (b) for installation of workstation or personal computer software. Site may deliver a copy of SAS Software to a disaster recovery contractor for such contractor to install as agent for the Site and for the Site to use in the event of inability to use SAS Software on the Authorised Hardware, or for the purpose of testing disaster recovery procedures. Site must give SAS the name and address of the disaster recovery contractor before delivery. The identical copyright notices and any other proprietary rights notices found on the original software media must be reproduced on all copies authorised under this Section. Site is responsible for any violations of this Agreement by the disaster recovery contractor.

10. Personal Licences

Personal licences are not specifically available under this agreement, however, SAS encourages the use of the licensed software on student and staff computers, at the Institution or at home. Such use must be for the purpose of study or personal development and under no circumstances for any commercial gain.

11. Post Termination of Licence Period

At the end of an Institution's licence period and/or at the end of the Agreement period the SETINITS will time out and the software will not operate.
Emergency setinit link: http://support.sas.com/techsup/license/

12. Product Documentation

Documentation is provided electronically in HTML format on the media containing the software.

13. Right to Copy Documentation

Copying of Licensed Materials is permitted.

14. Training and Training Materials

SAS runs a full programme of training courses for all levels of user. These may be available at educational discount for Eduserv customers. Please call your local SAS Training office to find more information and to ascertain eligibility for educational prices. Details of courses are to be found at www.sas.com/offices/europe/uk/education/index.html

Sites should be aware that SAS Software may only be used by registered staff and students of a licensed institution for teaching/research purposes and at no commercial gain.

15. System Releases, New Versions and New Functionality

One copy of system releases and/or new versions will be sent by SAS to the main technical contact at each licensed Institution as and when they become commercially available in the UK.

SAS 9.2 release - http://support.sas.com/documentation/installcenter/92/documents/index.html
SAS 9.2 is being released upon request only. Please e-mail geoffrey.taylor@suk.sas.com for more information.

16. Initial Consultancy/Technical Support

SAS will use reasonable efforts, either by telephone, fax or email to help the Site solve specific problems with installation or use of the Software. This advice and support will be communicated to the nominated Technical Contact* and/or his/her deputy at licensed sites during normal business hours within the UK. It may not be possible to solve all problems or correct all errors in the Software. Most versions of SAS software will be supported, but if Sites do not choose to install the most current release of the software, the level of technical support may diminish over time.

* Technical Contacts are designated to receive software and SETINITS. He/She will be from a technical background, with an understanding of SAS software, and be prepared to install/distribute the software and provide support to End Users. Technical Contacts shall be available to attend regular SAS training courses and conferences.

SAS support can be contacted at:

Customer Support freephone number is 0845 4029907

Fax: 01628 483203

Email: support@sas.com

URL: http://www.sas.com/offices/europe/uk/services/cust_support.html (see RHS of page for numbers & e-mail)

SAS Support website - a vast amount of technical information, as well as user communities, can be found at http://support.sas.com/

17. Pricing

The prices can be viewed at the attached Price & Availability List.

A £300 plus VAT Chest admin. charge will be added to these licence fees for the year (licence period) per Licence. Chest admin fees are not subject to pro-rating.

The SAS Discontinuance Form should be used to cancel products and/or platforms from a Site's licence.
Once a Site has licensed a product/platform for the licence period, the Site will be committed until the end of the licence year.

If a Site becomes licensed/licenses a product(s) part way through a year, monthly pro-rating will apply, i.e. in 1/12ths. Thus a Site joining in the first half of October 2008 would be charged 'licence fee' x 10/12 and a Site joining in the second half of December 2008 would be charged 'licence fee' x 7/12. Note: the Chest annual admin fee is not subject to prorating.

Licences and/or software order forms received by Chest on or before 15th of each month will determine that the Site will be invoiced from the beginning of that month. Licences and/or software order forms received by Chest on or after 16th of each month will determine that the Site will be invoiced from the beginning of the next month.

Some sites may be eligible for VAT Exemption if they are using the software SOLELY for medical research, diagnosis and/or treatment but NOT training which is specifically excluded. An Exemption Certificate must be supplied for the licence period with the licence (Schedule 4) document to ensure that the invoice for the following period is adjusted to reflect the VAT Exemption.

SAS is anxious to ensure that the significant discount they have offered is visible to licensees and that it should not be used to subsidise purchases of other manufacture. In the event that the price paid by licensees/end-users appears unreasonable to SAS, they may ask for information to support the charging. In the event that agreement is not reached about the level of secondary charge, SAS retains the right to withdraw the offer to the licensee with whom there is a dispute.

Note: the Price & Availability List refers to Department, Faculy and or Campus licence pricing. If you require individual copies of SAS Software outside of the Chest/SAS Agreement, educational rates will apply. Prices can be obtained direct from SAS.

18. Payment Terms

Chest will invoice Licensed Sites for the fee on receipt of a completed Licence (Schedule 4). Additional licence fees will be charged on an ad hoc basis when a Site returns a signed Software Order Form to add additional products to their licence. If a Site removes product/platforms from it's licence by way of the SAS Discontinuance Form, licence fees will not be reduced in the current licence period.

All payments must be made to "Eduserv" within 30 calendar days of the date of invoice.
Chest will inform SAS on receipt of paperwork from a site. SAS will in turn submit a corresponding invoice to Eduserv who will pay monies on behalf of sites to SAS. On receipt of monies SAS will release, without delay, SETINITS to the Licensed Site.

19. Method of Delivery of Product

The master copies of software and documentation will be delivered on CD ROM by SAS, to the Technical Contact* at each Licensed Site, when the Licence (Schedule 4) and/or Software Order Form and the Server Registration Form is signed by the Site and returned to Chest. See "Action to Participate" below.

* Technical contacts are designated to receive software and SETINITS. Technical Contacts will be from a technical background, with an understanding of SAS software, and be prepared to install/distribute the software and provide support to End Users. Technical Contacts shall be available to attend regular SAS training courses and conferences.

20. Web Addresses

a) Supplier home page:
www.sas.com/offices/europe/uk/index.html

b) Link to the SAS Academic Programme website:
file://www.sas.com/uk/academic

21. How to Order

Complete the attached Commitment to Participate Form and return it together with 2 copies of the Licence (Schedule 4), a Software Order Form, a Server Registration Form and an Official Purchase Order to:

Eduserv
Royal Mead
Railway Place
Bath
BA1 1SR

Only one Commitment Form per Site is required, but a full set of all the other forms is required for each licence ordered (Departmental, Faculty, Campus).

Last updated 9 July 2010.
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