IMPORTANT- READ CAREFULLY: THIS END-USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL DOCUMENT BETWEEN YOU ("YOU"), EITHER AS AN INDIVIDUAL OR AS A SINGLE ENTITY, AND PROEDUCATION INTERNATIONAL, INC. ("MANUFACTURER"). THIS AGREEMENT IS FOR THE LICENSING AND USE OF THE AMERICAN HEART ASSOCIATION CARDIOVASCULAR CARE LIBRARY INCLUDING, "ONLINE" OR ELECTRONIC DOCUMENTATION, COMPUTER SOFTWARE, WRITTEN DOCUMENTATION AND ASSOCIATED MEDIA, AND PRINTED MATERIALS, AS WELL AS ONE OR MORE AMERICAN HEART ASSOCIATION ELECTRONIC TEXTBOOKS ON EMERGENCY CARDIOVASCULAR CARE (THE "SOFTWARE"). BY CHECKING THE "YES" BOX PROVIDED, YOU ARE ACCEPTING AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND MAY CONTINUE THE INSTALLATION OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE, AND MUST RETURN ANY COPIES OF THIS SOFTWARE IN YOUR POSSESSION OR CONTROL TO YOUR SUPPLIER, FOR A REFUND.
Software License: Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Software provided under this Agreement. The Software is licensed, not sold.
Grant of License: This Agreement grants You the following rights:
- Installation and Use. You may install and use copies of the Software on a single computer.
- Backup Copy. You may make one copy of the Software solely for backup or archival purposes.
Other Rights and Limitations:
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.
- Copyright Notices. You must maintain all copyright notices on all copies of the Software.
- No Sale/Distribution. You may not sell or distribute copies of the Software to third parties.
- Rental. You may not rent, lease, transfer, or lend the Software.
- Termination. Without prejudice to any other right, the Manufacturer or the AHA may terminate this Agreement if You fail to comply with the terms and conditions of the Agreement. In that event, You must destroy or return all copies of the Software and all of its component parts.
Copyright: All title and copyrights in and to the Software, and any copies thereof, are owned by the Manufacturer and/or the American Heart Association, Inc. ("AHA"). All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective owner and may be protected by applicable copyright or other intellectual property laws and treaties.
U.S. Government Restricted Rights: The Software, documentation and any other accompanying materials including CD-ROM's are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(ii) of the Rights of Technical Data and Computer Software Clause at DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights Clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable.
Export Restrictions: You agree that You will not export or re-export the Software to any country, person, entity or end user subject to the U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked, or denied your export privileges.
Note on Java Support: The software may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapon systems, in which the failure of the Java technology could lead directly to death, personal injury, or severe physical or environmental damage.
NO WARRANTIES: THE MANUFACTURER AND THE AHA EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY OTHER SOFTWARE FURNISHED OR ACCOMPANYING THE SOFTWARE IS NOT WARRANTED BY THE MANUFACTURER OR THE AHA. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
No Liability for Damages: In no event shall the Manufacturer or the AHA be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if they have been advised of the possibility of such damages. Because some states/jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
Miscellaneous: If You have acquired this product in the U.S.A., this Agreement is governed by the laws of the State of Texas, without regard to its conflict of law provisions. If this product was acquired outside of the U.S.A., then local laws may apply. If You have any questions concerning this Agreement write the Manufacturer.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE MANUFACTURER AND THE AHA, AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOUR AGREEMENT IS SHOWN BY THE CHECKING OF THE "YES" BOX BELOW.
Manufacturer; ProEducation International, Inc., 11702 B. Grant Road, Suite 617, Cypress, Texas 77429
