TechnicalMastery.com
Corporation
End User Software
License Agreement
For: Maple
Mastery I
REVISION 1
(2003/08/21)
IMPORTANT NOTICE: READ CAREFULLY BEFORE USING THE SOFTWARE
THE
SOFTWARE IS PROVIDED TO YOU UNDER THE FOLLOWING LICENSE AGREEMENT. THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT
BETWEEN YOU AS END USER, AND TECHNICALMASTERY.COM CORPORATION (“TMC”), AND
DEFINES WHAT YOU MAY DO WITH THE SOFTWARE, AND WHAT LIMITATIONS EXIST ON
WARRANTIES AND REMEDIES RELATED TO THE SOFTWARE. BY USING THE SOFTWARE, YOU BECOME A PARTY TO,
AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF, THIS LICENSE
AGREEMENT. IF, AFTER READING THIS
LICENSE AGREEMENT, YOU DO NOT ACCEPT OR AGREE TO ALL THE TERMS AND CONDITIONS
CONTAINED IN THIS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE.
OWNERSHIP OF SOFTWARE.
· TMC owns and
retains all right, title and interest, including all copyrights and other
intellectual property rights, in Maple Mastery I which includes computer
software and associated computer files such as videos and Maple worksheets (collectively,
the “Software”).
· TMC does not
sell any rights in the Software, but rather grants the right to use the
Software by means of a software License.
· TMC reserves
all rights with respect to the Software not expressly granted by this License
Agreement.
· You own only
the magnetic or other physical media on which the Software is recorded.
· The Software is
protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties.
GRANT OF LICENSE. In consideration of payment of the annual
Site License fee by the institution you are an employee of (or registered
student of), and your agreement to abide by the terms and conditions of this
License Agreement, TMC, as licensor, grants to you a non-exclusive, revocable,
non-transferable license and right to use this copy of the Software.
YOU
MAY:
· Install and use the Software.
· Copy one copy of the Software solely for backup purposes provided
you reproduce and include the copyright notice on the backup copy and use the
backup copy solely for archival purposes.
YOU
MUST:
· Verify that the annual Site License for the Software obtained by the
institution you are an employee of (or registered student of) has not expired. To determine the expiry date visit http://www.TechnicalMastery.com and
click on the button labeled “LOOK UP YOUR INSTITUTION'S SITE LICENSE(S)”.
YOU
MUST NOT:
· Use
the Software, in whole or in part, after the Site License expiry date has
passed.
· Reproduce,
modify, adapt or translate the
Software, in whole or in part, except as otherwise permitted by this License
Agreement.
· Transmit the Software, in whole or in
part, to others, except as otherwise permitted by this License Agreement.
· Reverse engineer, decompile, disassemble, or create
derivative works based on the Software.
· Use
the Software in any manner whatsoever with the result that access to the
Software may be obtained through the Internet including, without limitation,
any web page, other than as may be specifically negotiated, in writing with
TMC.
· Rent,
lease, license, transfer, assign, sell or otherwise provide access to the
Software, in whole or in part, on a temporary or permanent basis, except as
otherwise permitted by this License Agreement.
· Alter,
remove or cover proprietary notices in or on the Software or storage media.
· Use
the Software in any unlawful manner whatsoever.
TERM. This License Agreement commences upon
your acceptance by using the Software, and is effective until terminated. This License Agreement terminates once you
are no longer an employee (or registered student) of the institution that
obtained a Site License for the Software. This License Agreement terminates
once the institution’s Site License expiry date for the Software has passed. To determine the expiry date visit http://www.TechnicalMastery.com and
click on the button labeled “LOOK UP YOUR INSTITUTION'S SITE LICENSE(S)”. TMC
may terminate this License Agreement without notice to you if you fail to
comply with any provision of this License Agreement. Upon termination, you agree to immediately
cease using the Software and to destroy all copies of the Software in your
possession within five days of termination.
The Ownership of Software and Limited Warranty and Liability sections of
this License Agreement shall continue in force after any termination.
WARRANTY.
TMC warrants to you as original end user, that the storage media on
which the Software is recorded is free from defects in materials and
workmanship under normal use and service for a period of ninety (90) days from
the date of delivery to you as evidenced by a copy of the invoice. If such a defect
exists, return the entire package, including packaging, postage prepaid with a
copy of the invoice to TMC at the address below, and TMC shall replace the
media. If failure of the media has resulted from accident, abuse, or
misapplication, TMC shall have no responsibility whatsoever to refund the
purchase price or replace the media. In the event of replacement of the media,
the replacement media will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is the longer. This remedy is
your exclusive remedy for a breach of this warranty, and TMC’s
entire liability and only warranty made with respect to the Software. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS
THAT VARY FROM JURISDICTION TO JURISDICTION.
LIMITED WARRANTY AND LIABILITY. OTHER THAN AS
OUTLINED ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE
SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TMC, ITS
DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, “AGENTS”) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY. YOU ASSUME THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF
THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR
OTHERWISE. IN NO EVENT SHALL TMC, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES
OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF TMC OR ITS
AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TMC'S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE ANNUAL
SITE LICENSE FEE PAID BY YOUR INSTITUTION FOR THE SOFTWARE DIVIDED BY THE
NUMBER OF USERS OF THE SOFTWARE AT THE INSTITUTION DURING THE YEAR IN QUESTION. THE LIMITATIONS OF THIS SECTION SHALL APPLY
WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL
CONDITION OR TERM. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
ACKNOWLEDGEMENT. You acknowledge that you have read this
License Agreement and limited warranty, understood them, and agree to be bound
by their terms and conditions. You also
agree that this License Agreement is the complete and exclusive agreement
between you and TMC, and supersedes all prior agreements, representations and
any other communications, oral or written, between you and TMC relating to the
subject matter of the License Agreement including, without limitation, any
warranties with respect to the Software.
This License Agreement may only be amended by written agreement of both
parties.
EXPORT
CONTROLS. The Software is subject at all times to all
applicable export control laws and regulations in force from time to time. You agree that you shall not make any
disposition of the Software licensed from TMC.
GOVERNING LAW.
This License Agreement is governed by the laws
of the Province of Ontario, Canada and, if the Software was acquired within
INVALIDITY OF TERMS. If any of these terms and conditions are found by a court of competent jurisdiction to be
invalid, the parties hereto nevertheless agree that the court should endeavour
to give effect to the parties’ intentions as reflected in such term or
condition, and the other terms and conditions shall remain in full force and
effect.
Should you have any questions
concerning this License Agreement, or if you desire to contact TMC for any
reason, please contact TMC:
TechnicalMastery.com Corporation