THIS SECTION CONTAINS IMPORTANT INFORMATION ABOUT WARRANTIES AND LIMITATIONS OF LIABILITY
LICENSE. IN CONSIDERATION OF THE LICENSE FEE, WHICH IS A PORTION OF THE PRICE YOU PAID, THE SOFTWARE AND DATA ACCOMPANYING THIS LICENSE (THE "SOFTWARE") AND RELATED DOCUMENTATION ARE LICENSED (NOT SOLD) TO YOU BY GROLIER INTERACTIVE (UK) LTD, 60 ST. ALDATES, OXFORD, OX1 1ST, ENGLAND AND ITS CO-LICENSORS (HEREAFTER COLLECTIVELY REFERRED TO AS GI). GI DOES NOT TRANSFER TITLE TO THE SOFTWARE TO YOU; THIS LICENSE SHALL NOT BE CONSIDERED A "SALE" OF THE SOFTWARE. YOU OWN THE COMPACT DISC ON WHICH THE SOFTWARE IS RECORDED, BUT GI AND ITS CO-LICENSORS RETAIN FULL AND COMPLETE TITLE TO THE SOFTWARE ON THAT DISC AND THE ACCOMPANYING DOCUMENTATION. THIS NON-EXCLUSIVE LICENSE GIVES YOU THE RIGHT TO USE AND DISPLAY THIS COPY OF THE SOFTWARE. SINCE THE SOFTWARE IS SHIPPED ON A READ-ONLY MEDIUM (A COMPACT DISC), THERE IS NO NEED FOR BACKUP OR ARCHIVAL COPIES OF THE SOFTWARE TO BE MADE; IF YOU SHOULD RECEIVE UPDATES TO THIS SOFTWARE ON FLOPPY DISK(S), YOU ARE ENTITLED TO MAKE TWO ARCHIVAL BACKUP COPIES OF THAT DISK(S). YOU ARE NOT PERMITTED TO COPY THE SOFTWARE OFF THE COMPACT DISC, BEYOND THE INSTALLATION OF THE SOFTWARE ITSELF, TO ANY STORAGE MEDIUM. THIS LICENSE ALLOWS YOU TO USE THE SOFTWARE ON A SINGLE COMPUTER AT A SINGLE LOCATION AT ANY ONE TIME.
RESTRICTIONS. THE SOFTWARE PROVIDES YOU WITH THE ABILITY TO SAVE AND PRINT SPECIFICALLY SELECTED INFORMATION CONTAINED WITHIN THE SOFTWARE. YOU MAY EXPLOIT THESE FEATURES, WHERE SUCH CAPABILITY IS PROVIDED FOR WITHIN THE SOFTWARE, FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY, PRESERVING ALL COPYRIGHT NOTICES THAT ARE EMBEDDED BY THE SOFTWARE WITHIN THOSE PRINTED ELEMENTS. THE SOFTWARE CONTAINS COPYRIGHTED MATERIAL, TRADE SECRETS, AND OTHER PROPRIETARY MATERIAL AND IN ORDER TO PROTECT THEM YOU MAY NOT DECOMPILE, EXCEPT AS PERMITTED BY LAW, REVERSE ENGINEER, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO A HUMAN-PERCEIVABLE FORM. EXCEPT AS PROVIDED FOR IN THIS LICENSE, YOU MAY NOT COPY, MODIFY, NETWORK, RENT, LEASE OR OTHERWISE DISTRIBUTE THE SOFTWARE; NOR CAN YOU MAKE THE SOFTWARE AVAILABLE BY "BULLETIN BOARDS," ONLINE SERVCES, REMOTE DIAL-IN, NETWORK OR TELECOMMUNICATIONS LINK OF ANY KIND; NOR CAN YOU CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE IN WHOLE OR IN PART. YOU MAY NOT ELECTRONICALLY TRANSMIT OR REMOTELY OPERATE THE SOFTWARE BY ANY MEANS, NOR MAY YOU USE THE SOFTWARE OVER ANY TYPE OF NETWORK. WITHIN THE TERMS OF THIS LICENSE AGREEMENT, LICENSEE MAY TRANSFER ALL OF THE LICENCE RIGHTS TO THE SOFTWARE TO ANOTHER PARTY PROVIDING THAT THE ORIGINAL COMPACT DISC CONTAINING THE SOFTWARE, THE RELATED DOCUMENTATION, ALL COPYRIGHT NOTICES AND A COPY OF THIS LICENSE ARE TRANSFERRED TO THAT PARTY, AND PROVIDING THAT PARTY READS AND AGREES TO ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE.
SOFTWARE UPDATES. UPDATED VERSIONS OF THE SOFTWARE MAY BE CREATED BY GI FROM TIME TO TIME. LICENSEE ACKNOWLEDGES THAT GI IS NOT RESPONSIBLE NOR LIABLE FOR SUPPORT, MAINTENANCE OR THE PROVISION OF ANY NEW RELEASES, ENHANCEMENTS OR UPDATES TO THE SOFTWARE. GI MAY AT ITS SOLE DISCRETION MAKE UPDATES AVAILABLE TO REGISTERED LICENSEES WHO HAVE PAID THE UPDATE FEE.
TERMINATION. THIS LICENSE IS EFFECTIVE UNTIL TERMINATED BY EITHER PARTY. YOU MAY TERMINATE THIS LICENSE AT ANY TIME BY RETURNING TO GI OR DESTROYING THE SOFTWARE AND ALL RELATED DOCUMENTATION AND ALL COPIES AND INSTALLATIONS THEREOF, WHETHER MADE UNDER THE TERMS OF THIS LICENSE OR OTHERWISE. THIS LICENSE WILL TERMINATE IMMEDIATELY WITHOUT NOTICE FROM GI IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS LICENSE. UPON TERMINATION, YOU MUST DESTROY OR RETURN TO GI THE SOFTWARE AND RELATED DOCUMENTATION AND ALL COPIES THEREOF, WHETHER MADE UNDER THE TERMS OF THIS LICENSE OR OTHERWISE.
LIMITED WARRANTY AND DISCLAIMER. GI WARRANTS THE DISCS ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE AS EVIDENCED BY A COPY OF THE SALES RECEIPT OR PACKING SLIP. IF A DEFECT IN THE DISC OCCURS IN THE WARRANTY PERIOD (PROVIDED THAT THE SOFTWARE IS PROPERLY USED ON THE COMPUTER AND WITH THE OPERATING SYSTEM FOR WHICH IT WAS DESIGNED) YOU SHOULD RETURN IT TO GI TOGETHER WITH A PROOF OF PURCHASE OR DELIVERY AND GI WILL SUPPLY A FREE REPLACEMENT. GI WILL HAVE NO RESPONSIBILITY TO REPLACE A DISC DAMAGED BY ACCIDENT, ABUSE OR MISAPPLICATION. ANY IMPLIED WARRANTIES ON THE DISC, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY(90) DAYS FROM THE DATE OF PURCHASE OR DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. GI WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH ITS ACCOMPANYING DOCUMENTATION (PROVIDED THAT THE SOFTWARE IS PROPERLY USED ON THE COMPUTER AND WITH THE OPERATING SYSTEM FOR WHICH IT WAS DESIGNED) AND THAT THE DOCUMENTATION CORRECTLY DESCRIBES THE OPERATION OF THE SOFTWARE IN ALL MATERIAL RESPECTS. GI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, GI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE LIMITATIONS OF LIABILITIES DESCRIBED IN THIS SECTION ALSO APPLY TO THE THIRD-PARTY SUPPLIERS OF MATERIALS USED IN THE SOFTWARE. THE LIMITATIONS OF LIABILITIES OF GI AND THESE THIRD PARTIES ARE NOT CUMULATIVE; SUCH THIRD PARTIES ARE THE INTENDED BENEFICIARIES OF THIS SECTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE BY GI OR A GI AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY. EXCEPT AS PROVIDED BY THIS WARRANTY YOU (AND NOT GI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GI BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO LOST PROFIT OR LOSS OF BUSINESS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF GI OR A GI AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTIONS [WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE] EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. NOTHING IN THIS LIMITATION OF LIABILITY CLAUSE WILL LIMIT OR EXCLUDE GI'S LIABILITY EXCEPT TO THE EXTENT PERMITTED BY LAW.
