SOFTWARE LICENSE AGREEMENT
Network license will supersede terms of any license provided with software or copies subsequently delivered.
This is a legal agreement between you (a single entity, company, or educational institution) and The Critical Thinking Co.™ for the Software listed above, which includes computer Software and associated Documentation. By installing this Software on a computer, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly erase all copies of the software in your possession and return this unused Software within sixty (60) days of purchase to the place from which you obtained it for a full refund.
Upon Payment of all applicable fees and subject to the terms of this license, The Critical Thinking Co.™ grants to the Licensee a non-exclusive, perpetual, non transferable license to make exact object code copies of the software in the value based on license type indicated above on this license, and use and install each such copy of the Software on a single computer owned or leased by the Licensee. Unless stated otherwise, the Licensee may make one backup installation of the software for his or her exclusive use on either a home or portable computer. If Software is licensed to an educational institution the foregoing rights shall apply only to Licensees faculty members, teaching assistants, and administrators, but not to Licensees students.
Network Licensed software may only be installed on one server per license. Unlimited access to the software shall be granted only to those users and computers who reside on the same Local Area Network (LAN) as the server itself. Under no circumstances shall a public unauthenticated access or anonymous accounts be used across wide area networks or the Internet. If used at an educational institution off site access to the software shall be limited to Staff, Faculty, and Students only.
The Licensee may install and use the Software on computer systems that meet the defined System Requirements of said Software. Licensee may use the Software on any PC, Macintosh, or over-head or interactive whiteboard products. Licensee may not use the Software on any embedded or device versions of the operating system, including, but not limited to, mobile devices, internet appliances, set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, game consoles, TVs, DVDs, gaming machines, home automation systems, kiosks or any other consumer electronics devices or mobile/cable/satellite/television or closed system based service.
RESTRICTIONS. At no time ever shall the CD media, or its contents be duplicated. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, or any portion thereof. The Software Product is licensed as a single product. This Software Product can be installed on a computer as a whole and shall not be separated in parts or disassembled to parts or pieces. You may not rent, lease, or lend the Software or Documentation to any other party without the written permission of The Critical Thinking Co.™ The License is in effect until terminated. The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not sell, rent, lease, or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations there under. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
COPYRIGHT. The Software Product and Documentation are protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. Therefore, you must treat the Software Product like any other copyrighted material. You may not remove, modify, or alter it. The Critical Thinking Co.™ copyright or trademark notice from any part originally contained in or otherwise created by the Software Product, including any notices contained in the Documentation.
Licensee owns the media the software is recorded on, but licensee acknowledges that The Critical Thinking Co.™ retains ownership of the software itself.
LIMITATION OF LIABILITY
The Critical Thinking Co.™ shall not be liable to you or any third party for any indirect, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the software and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if critical thinking or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The Critical Thinking Co.™'s total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by Licensee for the software that caused such damage. (USA only) some states do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state. The foregoing limitations on liability are intended to apply to all aspects of this end-user network license agreement.