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- THE LEARNING COMPANY, INC. LICENSE AGREEMENTSINGLE-USER PRODUCTS
- This is a legal agreement between you (either an individual or an
- entity) and The Learning Company, Inc. ("The Learning Company").
- BY OPENING THE SEALED PACKAGES CONTAINING THE DISKS OR BY USING
- THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU ARE
- THE ORIGINAL PURCHASER OF THE SOFTWARE, PROMPTLY RETURN THE
- SOFTWARE (INCLUDING PRINTED MATERIALS) TO THE PLACE WHERE YOU
- PURCHASED THEM FOR A FULL REFUND.
- THE LEARNING COMPANY SOFTWARE LICENSEGRANT OF LICENSE. This License Agreement permits you
- to use one copy of The Learning Company software (the "Software"),
- which may include electronic documentation, on a single computer/
- workstation. The Software is "in use" on a computer when it is
- loaded into the temporary memory (i.e. RAM) or installed into
- permanent memory (e.g. hard disk, CD-ROM drive or other storage
- device) of that computer. You may not use the software on or over
- a network or any other transfer device without each concurrent user
- having an original copy of the Software and its documentation.
- COPYRIGHT. All intellectual property rights in the Software
- (including all animations, audio, images, maps, music, photographs,
- video, and text incorporated into the Software) are owned by The
- Learning Company, its suppliers and licensors, and are protected by
- United States copyright laws and international treaty provisions.
- The Learning Company, its suppliers and licensors retain all rights
- not expressly granted. You must treat the Software like any other
- copyrighted material, except that you may either make one copy of
- the Software solely for backup or archival purposes or transfer
- the Software to a single hard disk provided you keep the original
- solely for backup or archival purposes. You may not copy the
- printed materials accompanying the Software. You may not loan,
- rent or lease the Software, but you may transfer your rights under
- this Agreement on a permanent basis provided you transfer the
- license granted by this Agreement, the Software and all associated
- printed materials, and retain no copies, and the recipient agrees
- to the terms of this Agreement. You may not reverse engineer,
- decompile or disassemble the Software, except to the extent that
- this restriction is expressly prohibited by applicable law. You
- may not distribute printed copies of any user documentation
- provided in electronic format. The restrictions contained herein
- apply equally to hybrid CD-ROMS which may contain multiple versions
- of the Software for use on different operating systems. Regardless
- of the type of media you receive, you may use only the portion
- appropriate for your single-user computer/workstation. LIMITED
- WARRANTYThe Learning Company, its suppliers and licensors
- warrant that the media on which the Software is distributed
- are free from defects in materials and workmanship for
- a period of ninety (90) days from the time of receipt.
- ANY AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE
- SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING
- BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
- FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO NINETY (90) DAYS.
- REMEDIES. Your exclusive remedies shall be, at The Learning
- Company's sole option, (a) the refund of the amount you paid for
- the Software or (b) repair or replacement of the Software provided
- that (i) the defective Software is returned to The Learning Company
- or an authorized dealer within ninety (90) days from the date of
- purchase and (ii) you have completed and returned the enclosed
- registration card. This Limited Warranty is void if failure of
- the Software has resulted from accident, abuse, or misapplication.
- Any replacement Software will be warranted for the remainder of the
- original warranty period or thirty (30) days, whichever is longer.
- LIMITATION OF LIABILITIES. IN NO EVENT WILL THE LEARNING COMPANY,
- ITS SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL,
- INCIDENTAL, ECONOMIC, COVER OR CONSEQUENTIAL DAMAGES ARISING OUT
- OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION
- OR RELATED TECHNICAL SUPPORT, INCLUDING WITHOUT LIMITATION, DAMAGES
- OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA
- OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. IN NO EVENT WILL THE LEARNING COMPANY, ITS SUPPLIERS' AND
- LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
- OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
- LIMITATION MAY NOT APPLY TO YOU. U.S. GOVERNMENT RESTRICTED RIGHTS
- U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and user
- documentation is provided with RESTRICTED RIGHTS AND LIMITED RIGHTS.
- Use, duplication or disclosure by the Government is subject to
- restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
- in Technical Data and Computer Software clause at DFARS 252.227-7013
- or subparagraphs (c)(1) and (2) of the Commercial Computer Software--
- Restricted Rights at 48 CFR 52.227-19, as applicable. The Learning
- Company, Inc., One Athenaeum Street, Cambridge, MA 02142.IMPORTANT
- NOTE: In order to receive technical support and notification of
- product upgrading and enhancements, please register this product.