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- KNOWLEDGE ADVENTURE SOFTWARE LICENSE AGREEMENT
-
- Notice to User: It is important that you read this document before using
- the enclosed software. By using the Software, you agree to be bound by
- the terms of this Agreement. This is a legal document between you the
- User) and Knowledge Adventure ("KA").
-
- SOFTWARE LICENSE
-
- License Grant. KA grants User a non-exclusive, non-transferable, limited
- license to use the Software with compatible equipment. Copying. This
- software is licensed for use on a single computer in a single location.
- Any copying of the software is prohibited. Other Restrictions. User may
- not loan, lease, distribute or transfer the Software or copies thereof,
- nor reverse engineer or otherwise attempt to discern the source code of
- the Software. Title. Title to the Software is not transferred to User.
- Ownership of the enclosed copy of the Software and of copies made by User
- is vested in KA, subject to the rights granted to User in this Agreement.
-
- LIMITED WARRANTY
-
- Limited Warranty. KA warrants that the medium upon which the Software is
- provided by KA to User shall be free from defects in material and
- workmanship under normal use for a period of 90 days from the date of
- User's receipt thereof. DISCLAIMER. EXCEPT AS EXPRESSLY STATED HEREIN,
- THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
- IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER BEARS ALL RISK
- RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE. The performance of
- the Software varies with various manufacturers' equipment with which it is
- used. KA does not warrant that the Software or the functions contained in
- the Software will meet User's requirements, operate without interruption
- or be error free. Limitation of Liability. User's exclusive remedy for
- breach by KA of its limited warranty shall be replacement of any defective
- medium upon its return to KA within the warranty period, or if KA is
- unable to provide a replacement which is free of defect, refund of the
- license fee paid by User with respect to such medium. In no event will KA
- be liable for any lost profits or other damages, including direct,
- indirect, incidental, special, consequential or any other type of damages,
- arising out of this Agreement or the use of the Software licensed
- hereunder, even if KA has been advised of the possibility of such damages.
-
- GENERAL PROVISIONS
-
- Term and Termination. User may terminate this Agreement by ceasing all
- use of the Software and destroying all copies thereof. KA may terminate
- this Agreement if User commits a material breach hereof. Upon any
- termination of this Agreement, User shall cease all use of the Software,
- destroy all copies thereof then in its possession and take such other
- actions as KA may reasonably request to ensure that no copies of the
- Software remain in its possession. Effect of Agreement. This Agreement
- embodies the entire understanding between the parties with respect to, and
- supersede any prior understanding or agreement, oral or written, relating
- to, the Software. Governing Law. This Agreement shall be governed by and
- construed under the laws of the State of California. General Provisions.
- Neither this Agreement nor any part or portion hereof shall be assigned,
- sublicensed or otherwise transferred by User. Should any provision of
- this Agreement be held to be void, invalid, unenforceable or illegal by a
- court, the validity and enforceability of the other provisions shall not
- be affected thereby. Failure of a party to enforce any provision of this
- Agreement shall not constitute or be construed as a waiver of such
- provision or of the right to enforce such provision.
-