License Agreement
ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE AGREEMENT ("LICENSE") WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY MATH GOODIES, a Hyco, Inc. Company. USE OF THE SOFTWARE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE.
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT TO MATH GOODIES CUSTOMER SERVICE c/o HYCO, INC. 75 Mill Street, Colchester, CT, 06415, WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
LICENSE: MATH GOODIES, a Hyco, Inc. Company ("MATH GOODIES," "we" or "us") provides you with storage media containing a computer program (the "Program") which may also include "online" or electronic documentation, a License, and other printed materials (together called the "Product") and we grant you a license to use the Product in accordance with the terms of this License. The copyright and all other rights to the Product shall remain with us or our licensors. You must reproduce any copyright or other notice marked on the Product on all copies you make.
YOU MAY:
install and use one copy of the Product on a home computer if you purchased a home license;
install and use copies of the Product on desktop computers, laptops or private networks (LANs) for access only by the number of students for which a school license was purchased;
make one copy of the Product for archive or backup purposes;
transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License;
If you have purchased this Product as an upgrade of either a MATH GOODIES product or another vendor's product, you may continue to use your upgraded product with this Product. If you transfer this Product, you must either transfer the upgraded product at the same time you transfer the Product or destroy the upgraded product at the same time you transfer the Product. If the Product you have purchased is an upgrade of a MATH GOODIES product, you now may use that upgraded product only in accordance with this License.
YOU MAY NOT:
use the Product or make copies of it except as permitted in this License;
publish the Product for any use not intended as listed above, including a public web server.
translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law;
rent, lease, assign, or transfer the Product except as set out above;
modify the Product or merge all or any part of the Product with another program.
TERM: This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
WARRANTY: WE WARRANT THAT THE STORAGE MEDIA IN THIS PRODUCT WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP FOR NINETY (90) DAYS FROM THE DATE YOU ACQUIRE IT. IF SUCH A DEFECT OCCURS, RETURN THE MEDIA TO US AT, MATH GOODIES CUSTOMER SERVICE c/o HYCO, INC. 75 Mill Street, Colchester, CT, 06415, AND WE WILL REPLACE IT FREE OF CHARGE. THIS REMEDY IS YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IT GIVES YOU CERTAIN RIGHTS AND YOU MAY HAVE OTHER LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF WARRANTIES AND LIABILITY: EXCEPT FOR THE EXPRESS WARRANTY ABOVE , THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., regardless of choice of law or conflicts of laws principals, and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English.
This License is governed by and construed in accordance with the laws of that state. Venue for any claim or dispute arising out of this Agreement shall be the County of Suffolk, New York.
In the event that any litigation between the parties hereto in connection with this License or to enforce any provision or rights hereunder, the prevailing party shall be entitled to recover all costs and expenses, including but not limited to reasonable attorneys' fees, which costs and reasonable attorneys' fees shall be included as part of any judgment rendered in such action in addition to any other relief to which the prevailing party may be entitled.
In the event that any one or more of the provisions or parts of a provision contained in this License shall for any reason be held to be invalid, illegal or unenforceable in any respect in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision or part of a provision of this License.
