READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
BY USING THIS SOFTWARE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE. PROMPTLY CONTACT THE COMPANY TO OBTAIN A FULL REFUND OF ANY SUMS YOU HAVE PAID FOR THE SOFTWARE, IF ANY, AND DESTROY THE CONTENTS THEREOF. THESE TERMS APPLY TO ALL LICENSED SOFTWARE ON THE DISC.
1. GRANT OF LICENSE and OWNERSHIP: The enclosed computer programs and data ("Software") are licensed, not sold, to you by Pearson Education, Inc. publishing as Scott Foresman ("We" or the "Company") as part of your purchase or adoption of the accompanying Company textbooks and/or other materials. We reserve any rights not granted to you. You own only the disc(s) but we and/or licensors own the Software itself. This license allows you to use, display, copy and install the enclosed copy of the Software on an unlimited number of computers or on a local area network at a single campus or branch or geographic location of an educational institution, for academic use only, so long as you comply with the terms of this Agreement.
2. RESTRICTIONS ON USE AND TRANSFER: This Software and the accompanying printed materials and user manual (the "Documentation") are the subject of copyright. You may not transfer, distribute or make available the Software or the Documentation, except to instructors and students in your school in connection with the applicable course as further stated herein. You may not copy the Software, except that you may make as many copies for use only by (and for the benefit of) the school district of which you are a part. You may use the enclosed CD to install the files onto school-based workstations housed within the school district and used for student instruction. You may not copy the Documentation, except that you may make as many copies as are necessary for students and teachers within only the one school district for which you obtained the Software. You may be held legally responsible for copying or copyright infringement, which is caused or encouraged by your failure to abide by the terms of this restriction. You may not reverse engineer, disassemble, decompile, modify, adapt, translate or create derivative works based on the Software or the Documentation. In no event shall the Software and/or Documentation be installed, copied, distributed or displayed (in whole or in part) other than as specifically permitted herein including, but not limited to, on any publicly available network such as the Internet.
3. TERMINATION: This license is effective until terminated. This license will terminate automatically without notice from the Company if you fail to comply with any provisions or limitations of this license. Upon termination, you shall destroy the Documentation and all copies of the Software. All provisions of this Agreement as to limitation and disclaimer of warranties, limitation of liability, remedies or damages, and our ownership rights shall survive termination.
4. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY: Company warrants that for a period of 60 days from the date you purchase this Software (or purchase or adopt the accompanying textbook), the Software, when properly installed and used in accordance with the Documentation, will operate in substantial conformity with the description of the Software set forth in the Documentation, and that for a period of 30 days the disc(s) on which the Software is delivered shall be free from defects in materials and workmanship under normal use. The Company does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Your only remedy and the Company's only obligation under these limited warranties is, at the Company's option, a refund of any amounts paid for the Software by you, if any, or replacement of the disc. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY THE COMPANY AND ITS LICENSORS, AND THE COMPANY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE ACCURACY, RELIABILITY, CURRENTNESS, USE, OR RESULTS OF USE, OF THE SOFTWARE.
5. LIMITATION OF REMEDIES AND DAMAGES: IN NO EVENT, SHALL THE COMPANY OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE SOFTWARE, INCLUDING FOR LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR OTHER LOSSES, SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE OR THE ACCOMPANYING TEXTBOOK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES, THE ABOVE LIMITATIONS MAY NOT ALWAYS APPLY TO YOU.
6. GENERAL: THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF NEW YORK, APPLICABLE TO CONTRACTS MADE IN NEW YORK, EXCLUDING THE STATE'S LAWS AND POLICIES ON CONFLICTS OF LAW, AND SHALL BENEFIT THE COMPANY, ITS AFFILIATES AND ASSIGNEES. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL, OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY OR ANY REPRESENTATIVE OF THE COMPANY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. If you are a U.S. Government user, this Software is licensed with "restricted rights" as set forth in subparagraphs (a)-(d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 or in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and similar clauses, as applicable.
Should you have any questions concerning this agreement or if you wish to contact the Company for any reason, please phone customer support at 1-800-552-2259 or visit our support page at http://www.scottforesman.com/support/index.cfm to submit your inquiry.
