| SOFTWARE
LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY
This is a legal agreement between you (a single entity,
company, or educational institution) and The Critical
Thinking Co.™ for the software accompanying this
agreement, 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.
The Critical Thinking Co.™ hereby grants to you
a non-exclusive license to use the software product
identified above (the "Software") and the
accompanying printed materials and User Manual (the
"Documentation") on the terms set forth
below.
1. GRANT OF LICENSE. The Critical Thinking Co.™
grants you the right to install and use this Software
Product, provided that this software will be installed
only in the quantity and for the computer system(s)
indicated (home-use or school/institution-use) at
the time of your order for the Software.
a. Home-use Licensees may only use the Licensed Software
for personal, non-commercial, and non-government purposes.
b. School/Institution Licensees may only use the Licensed
Software as a teaching aid or in connection with students'
course work within the educational facility. If your
company or educational institution consists of more
than one non-contiguous physical location, then a
separate license is required for each separate location.
If you have acquired a multiple-user license, you
may make the number of additional copies of the Software
authorized on the packaging of this Software only.
2. 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 any of The Critical Thinking
Co.'s™ copyright or trademark notices from any
part originally contained in or otherwise created
by the Software Product, including any notices contained
in the Documentation.
3. RESTRICTIONS. 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.
4. WARRANTIES. The Critical Thinking Co.™ expressly
disclaims any warranty for the Software Product. The
Software and Documentation is provided "as is"
without warranty of any kind, either expressed or
implied, including, without limitation, the implied
warranties or merchantability, fitness for a particular
purpose, or non-infringement. The entire risk arising
out of use or performance of the Software remains
with you. If media within this package is defective,
return it to The Critical Thinking Co.™ within
60 days of the date of purchase, and they will replace
it at no charge.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no
event shall The Critical Thinking Co.™ or its suppliers
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 out of the use
of or inability to use this Software Product, even
if The Critical Thinking Co.™ has been advised
of the possibility of such damages. Because some states/jurisdictions
do not allow the exclusion or limitation of liability
for consequential or incidental damages, the above
limitation may not apply to you.
6. MISCELLANEOUS. This Agreement represents the complete
agreement concerning this license between the parties
and supersedes all prior agreements and representations
between them. This Agreement may be amended only in
writing executed by both parties. The acceptance of
any purchase order placed by you is expressly made
conditional on your assent to the terms set forth
herein, and not those contained within your purchase
order. If any provision of this Agreement is held
to be unenforceable for any reason, such provision
shall be reformed only to the extend necessary to
make it enforceable and the remainder of this Agreement
shall nonetheless remain in full force and effect.
If you acquired this product in the United States,
the laws of the State of California govern this Agreement.
If this product was acquired outside the United States,
then local laws may apply. Should you have any questions
concerning this Agreement, or if you desire to contact
The Critical Thinking Co.™ for any reason, please
write to The Critical Thinking Co.™, PO Box 1610,
Seaside, CA 93950-1610, USA; send a fax to 831-393-3277;
send email to service@criticalthinking.com; call 800-458-4849;
or refer to The Critical Thinking Co.™'s Website
at http://www.criticalthinking.com/.
|