Download 1 - Exponent

Exponent
1150 Connecticut Avenue, NW
Suite 1100
Washington, DC 20036
telephone 202-772-4900
facsimile 202-772-4979
www.exponent.com
Individual Licenses of DEEM™ - FCID Version 2.14 and
CALENDEX™ - FCID Version 3.3 Now Available
In response to public demands and changing regulatory requirements, Exponent has decided to make
DEEM™ - FCID and CALENDEX™ much more widely available and to do so at a nominal cost. Both
programs are now available for licensing and use by any individual who purchases a license. The license
will be an annual license and the fee will cover production, shipping and handling costs. The license fee
for 2009 will be $500 per license for each program.
The versions of DEEM™ - FCID and CALENDEX™ - FCID licensed to individuals will be the same
full-featured versions currently licensed to EPA, Canada, California EPA and other organizations.
However, the license will be issued to an individual for use on one computer only. Analyses conducted
with the software can be used for any legitimate scientific, academic, business or regulatory purpose but
the reports produced by the software are not to be modified without written permission from Exponent.
Any organization may purchase licenses for multiple individuals but the license is not transferable, e.g.
the license will designate the specific licensee and that person will not be authorized to transfer the
license to another individual.
SOFTWARE DESCRIPTION
DEEM™ - FCID provides the user with the tools necessary to conducted detailed analyses of dietary
exposure using the USDA Food Continuing Surveys of Food Intake by Individuals (CSFII 1994-1996,
1998) and the EPA Food Commodity Ingredient Database (FCID) in conjunction with user-friendly
interfaces for selecting analysis options and for entering data. DEEM™ - FCID includes options for
conducting Monte-Carlo assessments and for determining the source contributions through the Critical
Exposure Contribution (CEC) module. The DEEM™ - FCID software has been peer reviewed by the
EPA Science Advisory Panel.
CALENDEX™ - FCID allows the user to conduct aggregate and cumulative exposure assessments for a
wide variety of consumer residential exposure scenarios including those specified under the Food Quality
Protection Act (FQPA). (Individuals wishing to include the dietary route in their analysis must also
license DEEM™ - FCID). The CALENDEX™ - FCID software has been peer reviewed by the EPA
Science Advisory Panel.
LICENSING PROCEDURE
Individuals desiring to license the software may do so by completing the enclosed agreement and
returning it with a check or purchase order (made out to Exponent) for the full license fees, plus any state
sales tax. You may also fax us a copy of the signed license agreement and purchase with a credit card
over the phone (we accept Visa, Master Card, and American Express).
If the licensee desires, technical support, workshops and periodic updates can be obtained through
Exponent’s standard contracting fees.
00M82WD.000 0000 1203 0001
Exponent
1150 Connecticut Avenue, NW
Suite 1100
Washington, DC 20036
telephone 202-772-4900
facsimile 202-772-4979
www.exponent.com
CALENDEX™ – FCID License Agreement*
Version 3.3
Exponent, Inc. (Exponent) through its licenses with Durango Software, LLC (Durango) is
providing ______________________________, (hereafter referred to as the” licensee”) with the
FCID version of the CALENDEX™-FCID software, all file building and reporting utility
programs for a period of one calendar year from the date of this agreement1. This is a legal
agreement between the licensee, and Exponent, Inc, for use of the CALENDEXTM - FCID
program, version 3.3 along with the supporting data files, documentation, and users manual
(collectively the “Software”). By opening the Software packet(s), installing, viewing,
downloading, or using the Software, the licensee agrees to be bound by the terms of this
agreement. If you do not agree to these terms, do not install the Software and promptly return all
Software items (disks, written materials, and packaging) to Exponent, Inc.
The Software is provided to ______________________________ as the licensed user, and is nontransferable. The Software may be installed and used only on a single computer. If licensee
purchases multiple licenses for the Software it may be installed and used only on the number of
computers as the number of licenses that were purchased. Licensee may not load this software onto a
network server unless access is restricted to users who have purchased individual license agreements.
The Software is protected by United States copyright laws and international treaties. Licensee
may make one copy of the Software solely for backup or archival purposes or transfer it to a
single hard disk, provided that the original is kept solely for backup or archival purposes.
Licensee may not use the disks on another computer or network, or loan, rent, lease, or transfer
them to another user. Licensee may not modify the Software or incorporate the Software
(including any of its data files) into any other software program. Licensee may not decompile,
reverse engineer, disassemble, or attempt to reconstruct the source code of the executable
programs. Licensee may not convert any supporting data file not in plain alpha-numeric text
1
The CALENDEXTM programs were developed and copyrighted (1995, 96,…2008) by Durango Software LLC
and are licensed to you under terms of Exponent’s agreement with Durango Software LLC. The name
“CALENDEXTM” is a trademark of Exponent, Inc.
00M82WD.000 0000 1203 0001
(including, but not limited to, binary files) to plain text or any other format. Licensee may not
make the contents of the supporting data files available for uses other than for their intended use
with the Software. Most importantly, licensee may not modify any part of any report generated
by the CALENDEXTM software, including the headings and identification of the licensed user.
Upon request Exponent will make a copy of the computational subroutines of the Software
source code (those subroutines used in computing an exposure assessment only) available to
licensee. Source code related to the user interface will not be made available. Any release of
source code to licensee is made for the purpose of checking the computational algorithms only.
Licensee may not use this source code for any other purpose or disclose this source code to any
other person or institution.
Disclaimer and Warranties
Exponent, Inc. and Durango Software LLC warrant that the Software disks will be free from
defects in materials and workmanship under normal use for ninety days from the date of receipt.
This warranty is limited to licensee and is not transferable. Any implied warranties are limited to
ninety days from the date licensee receives the Software. Some jurisdictions do not allow limits
on the duration of an implied warranty, so this limitation may not apply. The entire liability of
Exponent, Inc. and Durango Software LCC, and licensees exclusive remedy, shall be (a) return
of the price paid of the Software or (b) replacement of any defective disk that is sent with a
return authorization number to Exponent, Inc., at licensees cost and risk. This limited warranty
is void if any disk damage has resulted from accident, abuse, misapplication, or modification by
someone other than Exponent, Inc. or Durango Software, LLC. Any replacement disk is
warranted for the remaining original warranty period or thirty days, whichever is longer.
Exponent, Inc. and Durango Software, LLC do not warrant that the functions of the Software
will meet licensees requirements or that the operation of the Software will be uninterrupted or
error free. Licensee assumes responsibility for selecting the Software to achieve licensees
intended results and for the use and results obtained from the Software.
In no event shall Exponent, Inc. or Durango Software, LLC be liable for any special, incidental,
indirect, or consequential damages related to the use of this Software or its installation on
licensees computer, even if Exponent, Inc. or Durango Software, LLC has been advised of the
possibility of such problems, in excess of the amount paid for this Software license.
00M82WD.000 0000 1203 0001
2
Acknowledgement of License Terms
This license is effective for a period of one year and must be renewed if you intend to continue
using the Software. The license can be renewed by submitting a renewed agreement, along with
the licensee fee to Exponent, Inc. The license will terminate immediately upon failure to comply
with any of the terms of this license. Upon termination, licensee agrees to destroy all copies of
the Software and accompanying materials and delete all Software files from licensee’s computer.
Each provision of this agreement is severable. If a provision is found to be unenforceable, this
finding does not affect the enforceability of the remaining provisions, terms, or conditions of this
agreement. Licensee acknowledges that he/she has have read this agreement, that licensee
understands it, that licensee agrees to be bound by its terms, and that this is the complete and
exclusive statement of the agreement between licensee and Exponent, Inc. regarding the
Software.
Date:
LICENSEE
Print LICENSEE NAME, ADDRESS,
& EMAIL
LICENSEE Signature
00M82WD.000 0000 1203 0001
3
Exponent
1150 Connecticut Avenue, NW
Suite 1100
Washington, DC 20036
telephone 202-772-4900
facsimile 202-772-4979
www.exponent.com
DEEMTM – FCID License Agreement*
Version 2.14
Exponent, Inc. (Exponent) through its licenses with Durango Software, LLC (Durango) is
providing ______________________________, (hereafter referred to as the “licensee”) with the
FCID version of the Dietary Exposure Evaluation Model software (DEEMTM - FCID) with the
EPA Food Commodity Intake Database, all file building and reporting utility programs for a
period of one calendar year from the date of this agreement. This is a legal agreement between
the licensee, and Exponent, Inc, for use of the DEEMTM - FCID program, version 2.1 along with
the supporting data files, documentation, and user manual (collectively the “Software”). By
opening the Software packet(s), installing, viewing, downloading, or using the Software, the
licensee agrees to be bound by the terms of this agreement. If you do not agree to these terms,
do not install the Software and promptly return all Software items (disks, written materials, and
packaging) to Exponent, Inc.
The Software is provided to ______________________________ as the licensed user, and is
non-transferable. The Software may be installed and used only on a single computer. If licensee
purchases multiple licenses for the Software it may be installed and used only on the number of
computers as the number of licenses that were purchased. Licensee may not load this software
onto a network server unless access is restricted to users who have purchased individual license
agreements.
The Software is protected by United States copyright laws and international treaties. Licensee
may make one copy of the Software solely for backup or archival purposes or transfer it to a
single hard disk, provided that the original is kept solely for backup or archival purposes.
Licensee may not use the disks on another computer or network, or loan, rent, lease, or transfer
them to another user. Licensee may not modify the Software or incorporate the Software
(including any of its data files) into any other software program. Licensee may not decompile,
reverse engineer, disassemble, or attempt to reconstruct the source code of the executable
programs. Licensee may not convert any supporting data file not in plain alpha-numeric text
(including, but not limited to, binary files) to plain text or any other format. Licensee may not
make the contents of the supporting data files available for uses other than for their intended use
with the Software. Most importantly, licensee may not modify any part of any report generated
by the DEEMTM software, including the headings and identification of the licensed user.
00M82WD.000 0000 1203 0001
Upon request Exponent will make a copy of the computational subroutines of the Software
source code (those subroutines used in computing an exposure assessment only) available to
licensee. Source code related to the user interface will not be made available. Any release of
source code to licensee is made for the purpose of checking the computational algorithms only.
Licensee may not use this source code for any other purpose or disclose this source code to any
other person or institution.
Disclaimer and Warranties
Exponent, Inc. and Durango Software LLC warrant that the Software disks will be free from
defects in materials and workmanship under normal use for ninety days from the date of receipt.
This warranty is limited to licensee and is not transferable. Any implied warranties are limited to
ninety days from the date licensee receives the Software. Some jurisdictions do not allow limits
on the duration of an implied warranty, so this limitation may not apply. The entire liability of
Exponent, Inc. and Durango Software LCC, and licensees exclusive remedy, shall be (a) return
of the price paid of the Software or (b) replacement of any defective disk that is sent with a
return authorization number to Exponent, Inc., at licensees cost and risk. This limited warranty
is void if any disk damage has resulted from accident, abuse, misapplication, or modification by
someone other than Exponent, Inc. or Durango Software, LLC. Any replacement disk is
warranted for the remaining original warranty period or thirty days, whichever is longer.
Exponent, Inc. and Durango Software, LLC do not warrant that the functions of the Software
will meet licensees requirements or that the operation of the Software will be uninterrupted or
error free. Licensee assumes responsibility for selecting the Software to achieve licensees
intended results and for the use and results obtained from the Software.
In no event shall Exponent, Inc. or Durango Software, LLC be liable for any special, incidental,
indirect, or consequential damages related to the use of this Software or its installation on
licensees computer, even if Exponent, Inc. or Durango Software, LLC has been advised of the
possibility of such problems, in excess of the amount paid for this Software license.
00M82WD.000 0000 1203 0001
2
Acknowledgement of License Terms
This license is effective for a period of one year and must be renewed if you intend to continue
using the Software. The licensee can be renewed by submitting a renewed agreement along with
the licensee fee to Exponent, Inc. The license will terminate immediately upon failure to comply
with any of the terms of this license. Upon termination, licensee agrees to destroy all copies of
the Software and accompanying materials and delete all Software files from licensee's computer.
Each provision of this agreement is severable. If a provision is found to be unenforceable, this
finding does not affect the enforceability of the remaining provisions, terms, or conditions of this
agreement. Licensee acknowledges that he/she has have read this agreement, that licensee
understands it, that licensee agrees to be bound by its terms, and that this is the complete and
exclusive statement of the agreement between licensee and Exponent, Inc. regarding the
Software.
Date:
LICENSEE
Print LICENSEE NAME, ADDRESS,
& EMAIL
LICENSEE Signature
NOTE:
The DEEMTM programs were developed and copyrighted (1995, 96,…2008) by
Durango Software LLC and are licensed to you under terms of Exponent’s agreement
with Durango Software. The name “DEEMTM” is a trademark of Exponent, Inc.
00M82WD.000 0000 1203 0001
3
Exponent
1150 Connecticut Avenue, NW
Suite 1100
Washington, DC 20036
telephone 202-772-4900
facsimile 202-772-4979
www.exponent.com
DEEM™ - FCID and CALENDEX™ - FCID LICENSE FEES and Options
Fee/Year/License
DEEM™ - FCID - Version 2.14 (Contains
CSFII 1994-96, 1998 and EPA’s Food
Commodity Ingredient Database including
monte carlo analysis module and Critical
Exposure Contribution (CEC) modules
Number of
TOTAL
Licenses to be
FEES
Purchased
$500.00
1
CALENDEX™-FCID - Version 3.3
includes Monte-Carlo analysis modules
$500.00
Technical Support (6 months)
(by telephone)
$500.00 every 6 months
TOTAL FEES FOR SELECTED OPTIONS
**Please note that if your state of purchase has a sales tax, you should add this
amount on accordingly.
1
In order to include dietary route of exposure in CALENDEXTM analyses DEEMTM - FCID must also be licensed.
00M82WD.000 0000 1203 0001