You should carefully read the terms and conditions of this agreement before using this package. Use of any portion of the package indicates your agreement to these terms and conditions. If you do not agree to these terms, return the software along with the rest of the package to your place of purchase.
Permitted Uses
You may:
• operate the software on one computer at a time;
• make one backup copy of the software for archival purposes or transfer the software to a single hard disk or other storage device and keep the original software as your archival copy;
• install the software on a file server and execute the software on a network on more than one computer, provided that the total number of computers simultaneously using the software does not exceed the number of copies you have purchased, that you use the appropriate MECC file-server installation software, and that the software allows such use;
• install the software on more than one computer if you use a metering device to ensure that the number of simultaneous users does not exceed the number of software copies purchased;
• sell or give the software and all rights under this agreement to another person together with a copy of this agreement, provided you supply MECC with written notice and the other party reads and accepts this agreement.
Prohibited Uses
You may not:
• load and operate the software on more than one computer at a time;
• make copies of software documentation with the exception of student worksheets;
• modify the software except as permitted in the normal use of the product;
• reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the software;
• translate or create derivative works based on the software;
• remove, obscure, or alter any notice of the MECC software copyright or other proprietary rights;
• sub-lease, sell, lend, rent, or lease any portion of the software;
• copy any portion of the software except as permitted for archival purposes or for transfer to another medium;
• sell or give the software and its documentation to any person or entity in violation of the United States Export Administration Act.
Limited Warranty
MECC warrants that the accompanying software will operate on the specified, appropriately configured computers. You may return this package with proof-of-purchase within 30 days for a full refund--no questions asked. For 90 days after purchase, MECC will replace free of charge any defective original software.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, MECC AND ITS LICENSOR(S) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. MECC AND ITS LICENSOR(S) DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. IN NO EVENT WILL MECC AND ITS LICENSOR(S) AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE EVEN IF MECC AND ITS LICENSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MECC and its Licensor’s(s’) total liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort [including negligence], product liability, or otherwise), will be limited to $50.
Government End Users
If this software is acquired by or on behalf of a unit of the United States Government, this provision applies: The software (a) was developed at private expense, is existing computer software, and was not developed with government funds; (b) is a trade secret of MECC for all purposes of the Freedom of Information Act; (c) is “restricted computer software” submitted with restricted rights in accordance with subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at 52.227-19 and its successors; (d) in all respects is proprietary data belonging solely to MECC; (e) is unpublished and all rights are reserved under copyright laws of the United States. For units of the Department of Defense (“DoD”), this software is licensed with “Restricted Rights” as that term is defined in the DoD Supplement to the Federal Acquisition Regulation 52.227-7013 (c) (1) (ii), Rights in Technical Data and Computer Software and its successors, and: Use, duplication, or disclosure is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013. MECC, 6160 Summit Drive North, Minneapolis, Minnesota 55430-4003. If this software was acquired under GSA schedule, the U.S. Government has agreed to refrain from changing or removing any insignia or lettering from the software or the documentation that is provided or from producing copies of the manuals or media (except for backup purposes and in accordance with the terms of this agreement).
