YOU MUST READ AND ACCEPT THIS LICENSE TO USE THIS PRODUCT.
You are hereby granted a limited non-exclusive license to use a copy of the enclosed Software on the one computer. You may not copy or re-use any image contained in the Software or any of the printed materials accompanying the Software if any.
General
Making additional copies of the Software or content is prohibited. It is also prohibited to give copies to a person who has not purchased the appropriate license for the Software from TRI-STAR Publishing, Inc. The Software in its entirety is protected by copyright laws. The Software also contains TRI-STAR Publishing, Inc. trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-readable form. You may not modify, adapt, translate, rent or sublicense, assign, loan, resell for profit, or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof. You may not copy or modify the Software in whole or in part, or use trade secret information contained in the Software.
Termination
This Agreement may be terminated by TRI-STAR Publishing, Inc. immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Software, including all backup copies. From time to time, TRI-STAR Publishing, Inc. may change the terms and conditions of this Agreement.
DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRI-STAR Publishing, INC. DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. TRI-STAR Publishing, INC. DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE LIABILITY OF TRI-STAR Publishing, INC. AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRI-STAR Publishing, INC. AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TRI-STAR Publishing, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRI-STAR Publishing, INC. AND YOU. TRI-STAR Publishing, INC. WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH LIMITATIONS.
Export Restrictions
You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You agree and certify that you are not a citizen or permanent resident of the following countries: Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.
General Provisions
This Agreement sets forth TRI-STAR Publishing, Inc.'s and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and TRI-STAR Publishing, Inc. with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.
This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and TRI-STAR Publishing, Inc. or its Representatives.
This Agreement does not limit any rights that TRI-STAR Publishing, Inc. may have under trade secret, copyright, patent, or other laws. The Representatives of TRI-STAR Publishing, Inc. are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on TRI-STAR Publishing, Inc., other than in writing signed by an officer of TRI-STAR Publishing, Inc. Accordingly, such additional statements are not binding on TRI-STAR Publishing, Inc. and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Texas law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at Mission Viejo, California, and shall be construed as to its fair meaning and not strictly for or against either party.
Consumer Information and Privacy
For details about TRI-STAR Publishing, Inc.'s privacy policies, please refer to the Privacy Statement contained either in the Software or on a web site designated by TRI-STAR Publishing, Inc.
