PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. RIVERDEEP, INC. WILL ONLY LICENSE THE PROGRAM TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM (ELECTRONICALLY, PRELOADED, ON MEDIA OR OTHERWISE), BY USING IT YOU AGREE TO THESE TERMS.
I. LICENSE.
Subject to the terms and conditions of this Agreement, including, without limitation, the terms and conditions set forth below in Section VII "Additional Terms and Conditions", Riverdeep, Inc. grants to you a non-exclusive, non-transferable, non-assignable right, under the applicable Riverdeep, Inc. copyrights, to use one copy of the PROGRAM on only one machine at any one time. You may not copy, modify or merge copies of the PROGRAM except as provided in this Agreement. You may not rent, lease, sell, sublicense, assign, distribute or otherwise transfer the PROGRAM except as provided in this Agreement. You may not reverse compile, reverse assemble or translate any part of the PROGRAM, except as specifically permitted by law without the possibility of contractual waiver.
II. COPYRIGHT.
The PROGRAM is owned by Riverdeep, Inc. or its subsidiaries or Riverdeep, Inc. 's Suppliers and is copyrighted and licensed, not sold. You may make one copy of the PROGRAM for backup purposes. You must reproduce the copyright notice(s) on such copy of the PROGRAM.
III. TERM AND TERMINATION.
You may terminate your license to the PROGRAM at any time by destroying all of your copies of the PROGRAM. In addition, Riverdeep, Inc. may terminate your license to the PROGRAM if you fail to comply with all the terms and conditions of this Agreement. Upon termination, you agree to destroy all of your copies of the PROGRAM.
IV. NO WARRANTY.
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, RIVERDEEP, INC. MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM. THE EXCLUSION ALSO APPLIES TO ANY OF RIVERDEEP, INC.'S SUBCONTRACTORS, SUPPLIERS OR PROGRAM DEVELOPERS (COLLECTIVELY CALLED "SUPPLIERS").
V. LIMITATION OF LIABILITY.
NEITHER RIVERDEEP, INC. NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF RIVERDEEP, INC. IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
VI. GENERAL.
The laws of the country in which you acquired the PROGRAM govern this Agreement, except: (1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; (2) in Central Europe and Russia, the laws of Austria govern this Agreement; (3) in Estonia, Latvia, and Lithuania, the laws of Finland govern this Agreement; (4) in Canada, the laws of the Province of Ontario govern this Agreement and (5) in the United States and Puerto Rico, and the People's Republic of China, the laws of the Commonwealth of Massachusetts govern this Agreement. You agree to comply with all applicable governmental laws, regulations, orders and rules, including, without limitation, those that relate to the export of the PROGRAM. This Agreement is the complete and exclusive agreement regarding the PROGRAM and replaces any prior oral or written communications between you and Riverdeep, Inc. For a change to be valid, both you and an authorized Riverdeep, Inc. representative must sign it.
