MECC Software License Information for Multi-Platform (Hybrid) CD-ROMs
The information below pertains only to the software and documentation accompanying this notice. The rights and obligations you have with regard to other MECC products may differ from those described below.
Software piracy is a crime. According to U.S. Copyright Law, illegal reproduction of software can be subject to civil damages of up to $250,000 and criminal penalties, including fines and imprisonment. You should carefully read the terms and conditions of this agreement before using this package. Use of any portion of this package indicates your agreement to these terms and conditions. If you do not agree to these terms, return the package to your place of purchase.
The rights and obligations you have regarding the use of this software package depends on whether you have purchased a Stand-Alone License or a Limited-Site License for this product. If you are not sure whether you have purchased a Stand-Alone License or a Limited-Site License, contact MECC to determine your status.
If you have purchased a Stand-Alone License for this product, this section applies to you:
Permitted Uses
You may:
≥ make a backup copy of the software for archival purposes;
≥ transfer ownership of all versions of the software and all rights under this agreement to another person along with a copy of this agreement, provided that you supply MECC with written notice and the other party reads and accepts this agreement.
Prohibited Uses
You may not:
≥ make a copy of the software, except for archival purposes;
≥ give or sell one or more versions of the software to another person or entity while retaining the other version(s);
≥ load or operate any version of the software on more than one computer at a time;
≥ load this software to a file server or use it with a CD-ROM player configured to act as a fileserver;
≥ load this software to a local hard disk except as may be required as a normal part of the installation process;
≥ 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 related to the package;
≥ sub-lease, sell, lend, rent, or lease any portion of the software;
≥ transfer ownership of the software or any direct product to any person or entity in violation of the United States Export Administration Act.
If you have purchased a Building or School District Limited-Site License for this product, this section applies to you:
Permitted Uses:
You may:
≥ make a limited number of copies of the software documentation, provided that: (1) only complete copies of manuals are distributed, with the exception of student worksheets, (2) all copies are used solely for educational purposes restricted to in-building classroom use of the software, teacher preparation, and in-service training, (3) the number of copies of documentation created does not exceed the total number of copies of the software purchased;
≥ make a backup copy of the software for archival purposes;
≥transfer ownership of all versions of the software and all rights under this agreement to another person or entity.
Prohibited Uses:
You may not:
≥ make copies of the software, except for archival purposes;
≥ load this software to a local hard disk except as may be required as a normal part of the installation process;
≥ load this software to a file server or use it with a CD-ROM player configured to act as a fileserver;
≥ use this software in any locations except in the building or school district for which the product has been licensed;
≥ 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 related to the package;
≥ sub-lease, sell, lend, rent, or lease any portion of the software;
≥ transfer ownership of the software or any direct product 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 appropriately configured computers. See the product packaging for hardware and software requirements. For a period of 90 days following purchase, MECC will replace defective media free of charge. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, MECC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Except as specifically set forth above, MECC and its distributors will in no event be liable for any damages whatsoever, either direct or indirect, including but not limited to loss of business profits, income, or use of data. Some states do not allow exclusion or limitation of incidental or consequential damages; therefore, the limitations set forth in this agreement may not apply to you. MECC'S LICENSOR(S) MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. MECC'S LICENSOR(S) DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTESS 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. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL MECC'S LICENSOR(S) AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY MECC'S LICENSOR) 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'S LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE S
ME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MECC's Licensor's 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 and 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).
