PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE ENCLOSED COMPACT DISC. BY USING THIS COMPACT DISC, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED COMPACT DISC TO THE ALBERTA DISTANCE LEARNING CENTRE, BOX 4000, BARRHEAD, AB, T0G 2P0.
1. License. The application, demonstration, system and other software contained on this compact disc (the “software”) and related documentation and other materials (the "materials") are licensed to you by Alberta Education. You own the compact disc on which the software and materials is recorded but Alberta Education and/or Alberta Education's licensor(s) retain title to the software and materials. This license allows you to use the software and materials on a single Apple computer and/or copy the software and materials over a network for use on Apple computers provided the network is only accessible within your organization. Employees of the licensee are also permitted to have a working copy on another computer for educational purposes.
2. Restrictions. The software and materials contain copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the software and materials to a human-perceivable form. You may not modify, rent, lease, loan, distribute or create derivative works based upon the software and materials in whole or in part. You may not electronically transmit the software and materials from one computer to another or over a network other than as permitted under this license
3. Termination. This license is effective until January 30, 1998. You may terminate this license at any time by destroying the compact disc, software and materials and all copies thereof. This license will terminate immediately without notice from Alberta Education if you fail to comply with any provision of this license. Upon termination you must destroy the compact disc, software and materials and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the compact disc, software and materials nor any other technical data received from Alberta Education, nor the direct product thereof, will be exported outside Canada except as authorized and as permitted by the laws and regulations of Canada. If the software has been rightfully obtained by you outside of Canada, you agree that you will not re-export the software nor any other technical data received from Alberta Education, nor the direct product thereof, except as permitted by the laws and regulations of Canada and the laws and regulations of the jurisdiction in which you obtained the software.
5. Disclaimer of Warranty on software and materials. You expressly acknowledge and agree that use of the software and materials is at your sole risk. The software and materials are provided “AS IS” and without warranty of any kind and Alberta Education and Alberta Education's licensor(s) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALBERTA EDUCATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND/OR MATERIALS WILL BE CORRECTED. FURTHERMORE, ALBERTA EDUCATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALBERTA EDUCATION SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE AND/OR MATERIALS PROVE DEFECTIVE, YOU (AND NOT ALBERTA EDUCATION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL ALBERTA EDUCATION BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR MATERIALS, EVEN IF ALBERTA EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Complete Agreement. This license constitutes the entire agreement between the parties with respect to the use of the software and materials, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this license will be binding unless in writing and signed by a duly authorized representative of Alberta Education.
