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License
INSTRUCTIONAL
SOFTWARE, INC.
Software
License Agreement
You should carefully read
these terms and conditions before continuing to install the Corporate Manager
Software whether it be the demonstration version or the normal operational version
of the Corporate Manager software.
This is a license agreement between you and Instructional Software,
Inc. ("IS, Inc."). By continuing the installation of this software,
you acknowledge that you have read and accept the following terms and
conditions. If you do not agree and do not want to be bound by such terms and
conditions, promptly return the entire package to the place you obtained it
for a full refund.
1. Definitions
(a) "Instructional Software" and "IS Inc." mean
Instructional Software, Inc. and its licensors, if any.
(b) "Software" means the programs supplied by Instructional
Software Inc., and any and all updates thereto.
(c) "Demonstration Version" and
"Demo Version" mean the Software supplied by Instructional
Software, Inc. when it has a limit to 15 uses, which consists of starting and
ending the Corporate Manager Software application.
(d) "Normal Version" means the
software supplied by Instructional Software, Inc. which has no limit to the number
of uses, and consists of starting and ending the Corporate Manager Software
application. The Normal Version consists of Software that has been purchased
for use from Instructional Software, Inc. or one of its representatives or
affiliates authorized by Instructional Software, Inc. to sell the Software.
2. License
This Agreement allows you to:
(a) Install and use the Demonstration Version of the Software in
order to review its contents for the purpose of determining its suitability
for use by a person or company. No
matter what the condition of the Software, the Demonstration Version can not
be used more than 15 times, which consists of starting and stopping the
Software for the purpose of reviewing its suitability in order to determine
whether or not it should be purchased. The Demonstration Version may be
freely distributed as long as it is distributed in its entirety. You must reproduce on any such copy all
copyright notices and any other proprietary legends on the original Software.
(b) Install and use the Normal Version of the Software on a single
computer and make one copy of the Software in machine-readable form solely
for backup purposes.
(c) Install the normal version of the Software on a storage device,
such as a network server, and run it on an internal network, provided the
number of concurrent users does not exceed the number of copies of the
Software purchased. A copy of the
Software must be purchased for each such user.
3. License Restrictions
Other than as set forth in
Section 2, you may not make or distribute copies of the Normal Version of the
Software, or electronically transfer the Normal Version of the Software from
one computer to another or over a network. You may not decompile, reverse
engineer, disassemble, or otherwise reduce the Software whether it be the Normal Version or the Demonstration Version of the
Software to a human-perceivable form. You may not rent, lease or sublicense
either version of the Software. You
may not modify either the Normal Version or the Demonstration Version of the
Software or create derivative works based upon either version of the
Software. You may not export either Normal Version or the Demonstration
Version of the Software into any country prohibited by the United States
Export Administration Act and the regulations hereunder.
4. Upgrades
If this copy of the Software
is an upgrade from an earlier version of the Software, it is provided to you
on a license exchange basis. You agree
by your installation and use of this copy of the Software to voluntarily
terminate your earlier end-user license and that you will not continue to use
the earlier version of the Software nor transfer it to another.
5. Ownership
The foregoing license gives
you limited rights to use the Software. Although you own the media on which
the Software is recorded, you do not become the owner of the Software, and
Instructional Software Incorporated retains title to, the Software, and all
copies thereof. All rights not specifically granted in this Agreement,
including Federal and International Copyrights, are reserved by Instructional
Software Incorporated.
6. Limited Warranties
(a) Instructional Software,
Inc. warrants that the Software and Software Media are free from defects in
materials and workmanship under normal use for a period of sixty days from
the date of purchase of the Software. If Instructional Software, Inc.
receives notification within the warranty period of defects in materials or
workmanship, Instructional Software, Inc. will replace the defective Software
Media. (b) Instructional Software,
Inc. AND THE AUTHOR OF THE SOFTWARE DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SOFTWARE, AND THE PROGRAMS AND CODE CONTAINED THEREIN. INSTRUCTIONAL SOFTWARE, INC. DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE. (c)
This limited warranty gives you specific legal rights, and you may have other
rights that vary from jurisdiction to jurisdiction. (d) These limited
warranties apply to both the Demonstration Version and the Normal Version of
the Software.
7. Exclusive Remedy
(a) Instructional Software Incorporated's entire
liability and your exclusive remedy for defects in materials and workmanship
shall be limited to replacement of the Software Media, which may be returned
to Instructional Software, Inc. with a copy of your receipt at the following
address: Instructional Software Inc, 10924 NE 116th
Place, Kirkland, Washington
98034, or call
1-425-821-5566. Please allow four to
six weeks for delivery. This Limited Warranty is void if failure of the
Software Media has resulted from accident, abuse, or misapplication. Any
replacement Software Media will be warranted for the remainder of the
original warranty period or thirty days, whichever is longer. (b) In no event
shall Instructional Software Incorporated or the author of the software be
liable for any damages whatsoever (including without limitation damages for
loss of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising from the use of or
inability to use the Software, even if Instructional Software Incorporated
has been advised of the possibility of such damages. (c) Because some
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation or exclusion may
not apply to you.
8. Basis of Bargain
The limited warranties,
exclusive remedies set forth above are fundamental elements of the basis of
the agreement between Instructional Software Incorporated and you.
Instructional Software Incorporated would not be able to provide the Software
on an economic basis without such limitations.
9.
(USA only) Government End Users
RESTRICTED RIGHTS LEGEND
This software is
"Restricted Computer Software."
Use, duplication, or disclosure by the U.S. Government is subject to restrictions
as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and
227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as
applicable. Manufacturer:
Instructional Software Incorporated 10924 NE 116th
Place, Kirkland, Washington
98034.
10. (Outside of the USA only)
Consumer End Users
The limitations or exclusions
of warranties and liability contained in this agreement do not affect or
prejudice the statutory rights of a consumer; i.e., a person acquiring goods
otherwise than in the course of a business.
11. General
This Agreement shall be
governed by the internal laws of the State of Washington, USA. This Agreement constitutes the entire
understanding of the parties and revokes and supersedes all prior agreements,
oral or written, between them and may not be modified or amended except in a
writing signed by both parties hereto that specifically refers to this
Agreement. This Agreement shall take precedence over any other documents that
may be in conflict herewith. If any one or more provisions contained in this
Agreement are held by any court or tribunal to be invalid, illegal, or
otherwise unenforceable, each and every other provision shall remain in full
force and effect. All questions concerning this Agreement shall be directed
to: Instructional Software Incorporated, Attention: CEO.
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