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. (USAonly) 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 USAonly)
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.
