INSTRUCTIONAL SOFTWARE, INC.
End-User Software License Agreement
You should carefully read these terms and conditions before continuing to install this Software. This is a license agreement ("Agreement") between you and Instructional Software, Inc. ("IS, Inc."). By continuing the installation of this Software, you acknowledge that you have read and accept the following terms and conditions. If you do not agree and do not want to be bound by such terms and conditions, do not install the Software and, if you have purchased the Software, notify the company that it was purchased from for a full refund.
(a) "Instructional Software" and "IS Inc." mean Instructional Software, Inc.
(b) "Software" means the programs supplied by Instructional Software Inc. herewith, and any and all updates thereto.
(c) "Demonstration Version", "Demo Version" and “Trial Version” mean the Software supplied by Instructional Software, Inc. when it has a limited number of uses for the purpose of evaluating the software to determine whether it meet the needs of the prospective buyer of the said Software.
(d) "Normal Version" and “Unlimited Use Version” means the Software supplied by Instructional Software, Inc. which has no limit to the number of uses. The Unlimited Use Version must be purchased for use from Instructional Software, Inc. or one of its representatives or affiliates authorized by Instructional Software, Inc. to sell the Software.
This Agreement allows you to:
(a) Download, install, and use the Trial Version of the Software in order to review its contents for the purpose of determining its suitability for use by a person or company. The Trial Version may be freely distributed as long as it is distributed in its entirety including any such copy copyright notices and any other proprietary legends on the original
(b) Download, install and use the Unlimited Use Version of the Software on the number of computers set at the time of purchase. The number of computers that the Software can be installed on is limited by the number of Software keys issued by IS Inc. which depends on the price paid for the Software.
(c) Download, install and use the Unlimited User Version on work stations of a local area network (LAN) as long as the number of work stations does not exceed the number of keys issued by IS Inc. which depends on the price paid for the Software. The biz_local data folder and contained files can be stored on a LAN server so the files can be accessed by said workstations.
(d) Transferring the Trial Version of the Software to others is permitted as long as a key issued by IS Inc. is still required to convert the Trial Version to the Unlimited Use Version.
(e) Once a key has been issued to convert the Trial Version to an Unlimited Use Version you will be able to use the Software for an unlimited period of time on the computer that the key was created for. For this reason, after a key has been provided to convert the Trial Version to an Unlimited Use Version you cannot receive a refund of the purchase price. Prior to the key being issued you can receive a full refund of the purchase price. If the Software was purchased as part of a package of products and/or services, IS Inc. or the representative or affiliate authorized by IS Inc. to sell the Software whom you purchased the package from will determine the amount of the refund.
3. License Restrictions
Other than as set forth in Section 2, you may not make or distribute copies of the Unlimited Use Version of the Software or any component thereof, or electronically transfer the Unlimited Use Version of the Software from one computer to another. You may not reverse engineer, disassemble, or otherwise reduce the Software whether it is the Trial Version or the Unlimited Use Version to a human-perceivable form. You may not rent, lease or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations hereunder.
If the Software is an upgrade of an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of the Software to voluntarily terminate your earlier end-user license and that you will not continue to use the earlier version of the Software.
The foregoing license gives you limited rights to use the Software. Although you own the media on which the Software is recorded, you do not become the owner of the Software, and Instructional Software Incorporated retains title to the Software, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Instructional Software Incorporated.
6. Limited Warranties
(a) Instructional Software, Inc. warrants that the Software and Software Media are free from defects in materials and workmanship under normal use for a period of one year from the initial date of purchase? If Instructional Software, Inc. receives notification within the warranty period of defects in materials or workmanship, Instructional Software, Inc. will replace the defective Software.
(b) Instructional Software, Inc. AND THE AUTHOR OF THE SOFTWARE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, AND THE PROGRAMS AND CODE CONTAINED THEREIN. INSTRUCTIONAL SOFTWARE INCORPORATED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE.
(c) This limited warranty gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
(d) These limited warranties apply to all versions of the Software.
7. Exclusive Remedy
(a) Instructional Software Incorporated's entire liability and your exclusive remedy for defects in materials and workmanship shall be limited to replacement of the Software Media, which may be returned to Instructional Software, Inc. with a copy of your receipt at the following address:
Instructional Software Inc,
10924 NE 116th Place,
or you may call 1-425-821-5566 to make other mutually agreed upon arrangements for replacing the Software Media. Please allow four to six weeks for delivery. This Limited Warranty is void if failure of the Software Media has resulted from accident, abuse, or misapplication. Any replacement Software Media will be warranted for the remainder of the original warranty period.
(b) In no event shall Instructional Software Incorporated or the author of the software 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 from the use of or inability to use the Software, even if Instructional Software Incorporated has been advised of the possibility of such damages.
(c) Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.
8. Basis of Bargain
The limited warranties and exclusive remedies set forth above are fundamental elements of the basis of the agreement between Instructional Software Incorporated and you. Instructional Software Incorporated would not be able to provide the Software on an economic basis without such limitations.
9. (USA only) Government End Users RESTRICTED RIGHTS LEGEND
This software is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer:
Instructional Software Incorporated
10924 NE 116th Place,
10. (Outside of the USA only) Consumer End Users
The limitations or exclusions of warranties and liability contained in this agreement do not affect or prejudice the statutory rights of a consumer; i.e., a person or business entity acquiring goods other than in the course of a business.
This Agreement shall be governed by the internal laws of the State of Washington, USA, and the laws of the United State. This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto that specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect. All questions concerning this Agreement shall be directed to:
Instructional Software Incorporated, Attention: CEO.