This is a legal agreement between you (either an individual or an entity) and The Learning Company, Inc. ("The Learning Company"). BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU ARE THE ORIGINAL PURCHASER OF THE SOFTWARE, PROMPTLY RETURN THE SOFTWARE (INCLUDING PRINTED MATERIALS) TO THE PLACE WHERE YOU PURCHASED IT FOR A FULL REFUND.
THE LEARNING COMPANY SOFTWARE LICENSE
GRANT OF LICENSE. This License Agreement permits you to use one copy of The Learning Company software (the "Software"), which may include electronic documentation, on a single computer/workstation. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. You may not use the software on or over a network or any other transfer device without each concurrent user having an original copy of the Software and its documentation.
COPYRIGHT. All intellectual property rights in the Software (including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software) are owned by The Learning Company and its affiliates, suppliers, and licensors, and are protected by United States copyright laws and international treaty provisions. The Learning Company and its affiliates, suppliers, and licensors retain all rights not expressly granted. You must treat the Software like any other copyrighted material, except that you may make one copy of the Software solely for backup or archival purposes. You may not copy the printed materials accompanying the Software. You may not rent or lease the Software, but schools and libraries may lend the Software to third parties provided the Software is in CD format and each end user is given a copy of this License Agreement which will govern the use of such Software. You may transfer your rights under this Agreement on a permanent basis provided you transfer the licese granted by this Agreement, and the Software and all associated printed materials, and you retain no copies, and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law. You may not distribute printed copies of any user documentation provided in electronic format. The restrictions contained herein apply equally to hybrid CD-ROMs which may contain multiple versions of the Software for use on different operating systems. Regardless of the type of media you receive, you may use only the portion appropriate for your single-user computer/workstation.
LIMITED WARRANTY
LIMITED WARRANTY. The Learning Company and its affiliates, suppliers, and licensors warrant that the media on which the Software is distributed are free from defects in materials and workmanship for a period of ninety (90) days from the time of receipt. ANY AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO NINETY (90) DAYS.
REMEDIES. Your exclusive remedies shall be, at The Learning Company's sole option, (a) the refund of the amount you paid for the Software or (b) repair or replacement of the Software provided that the defective Software is returned to The Learning Company or an authorized dealer within ninety (90) days from the date of purchase. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer.
LIMITATION OF LIABILITIES. IN NO EVENT WILL THE LEARNING COMPANY OR ITS AFFILIATES, SUPPLIERS, AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LEARNING COMPANY'S AND ITS AFFILIATES', SUPPLIERS', AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. 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.
U.S. GOVERNMENT RESTRICTED RIGHTS
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and user documentation is provided with RESTRICTED RIGHTS AND LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. The Learning Company, Inc., One Athenaeum Street, Cambridge, MA 02142.
IMPORTANT NOTE: In order to receive technical support and notification of product upgrades and enhancements, please register this product.
