You should carefully read the following terms and conditions before opening this disk package. Opening this disk package indicates your acceptance of these terms and conditions. If you do not agree with them, you should promptly return the package unopened.
Allyn and Bacon provides this Program and License its use. You assume responsibility for the selection of the Program to achieve your intended results, and for the installation, use, and results obtained from the Program. This License extends only to use of the Program in the United States or countries in which the Program is marketed by duly authorized distributors.
License Grant
You hereby accept a nonexclusive, nontransferable, permanent License to install and use the Program on a single computer at any given time. You may copy the Program solely for backup or archival purposes in support of your use of the Program on the single computer. You may not modify, translate, disassemble, decompile, or reverse engineer the Program, in whole or in part.
Term
This License is effective until terminate. Allyn and Bacon reserves the right to terminated this License automatically if any provision of the License is violated. You may terminate the License at any time. To terminate this License, you must return the Program, including documentation, along with a written warranty stating that all copies of the Program in your possession have been returned or destroyed.
Limited Warranty
The Program is provided "As Is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Program is with you. Should the Program prove defective, you (and not Allyn and Bacon or any authorized distributor) assume the entire cost of all necessary servicing, repair, or correction. No oral or written information or advice given by Allyn and Bacon, its dealers,, distributors, or agents shall create a warranty or increase the scope of its warranty
Some states do not allow the exclusion of implied warranty, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.
Allyn and Bacon does not warrant that the functions contained in the Program will meet your requirements or that the operation of the Program will be uninterrupted or error free.
However, Allyn and Bacon warrants the disk(s) on which the Program is furnished to be free from defects in material and workmanship under normal use for a period of ninety (90) days form the date of delivery to you as evidenced by a copy of your receipt.
The Program should not be relied on as the sole basis to solve a problem whose incorrect solution could result in injury to a person or property. IF the Program is employed in such a manner, its is at the user's own risk and Allyn and Bacon explicitly disclaims all liability for such misuse.
Limitation of Remedies
Allyn and Bacon's entire liability and your exclusive remedy shall be:
1. The replacement of any disk not meeting Allyn and Bacon's "Limited Warranty" and that is returned to Allyn and Bacon or
2. If Allyn and Bacon is unable to deliver a replacement disk or cassette that is free of defects in materials or workmanship, you may terminate this Agreement by returning the Program.
In no event will Allyn and Bacon be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use such Program even if Allyn and Bacon or an authorized distributor has been advised of the possibility of such damages of for any claim by any other party.
Some states 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.
General
You may not sublicense, assign, or transfer the License of the Program. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.
This Agreement will be governed by the laws of the State of Massachusetts.
Should you have any questions concerning this Agreement, or any questions concerning technical support, you may contact Allyn and Bacon by writing to:
Allyn and Bacon
Simon and Schuster Education Group
160 Gould Street
Needham Heights, MA 02194
You acknowledge that you have read this Agreement, understand it, and agree to be
bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between us that supersedes any proposal or prior Agreement, oral or written, and any other communications between us relating to the subject matter of this Agreement.
Notice To Government End Users
The Program is provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subdivison (b)(3)(iii) of The Rights in Technical Data and Computer Software Clause 252.227-7013.
