1st Spanish ExamCram distribution permissions and end-user license agreement
Copyright (c) 1996-2006
Jerry C. DeKeyser
All Rights Reserved
IMPORTANT - READ CAREFULLY
This license statement constitutes a legal agreement ("License Agreement") between you (the "Licensee" as either an individual or on behalf of an organization) and the copyright owner ("Copyright Owner") for the software product ("Software"), media, and accompanying on-line or printed documentation identified in the title of this document.
By installing, copying or otherwise using this software, you agree to be bound by all of the terms and conditions of this License Agreement. Upon your acceptance of the terms and conditions of this License Agreement, Copyright Owner grants you the right to use the Software in the manner provided below.
1. This Software is owned by Jerry C. DeKeyser and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material.
2. You agree to use the unregistered shareware solely for evaluation. This is not free software. Subject to the terms below, you are hereby licensed by Copyright Owner to use this software for evaluation purposes without charge. If you use this software after evaluation period a registration fee is required. Payments must be in US dollars drawn on a US bank.
3. You agree to be certain the shareware is what you need before you pay for it. You understand that upon payment of the registration fee for this software, you have evaluated the software and determined that it is suitable for your applications. You agree that shareware registration fees are not refundable for any reason, and that orders for registered shareware may not be cancelled once they are placed.
4. Unregistered use of this Software after the evaluation period is in violation of U.S. and international copyright laws. Without making any payment to Copyright Owner, you may make as many exact copies of this evaluation version of this Software as you wish, for purposes of distribution as described below.
A. You may not charge, requesting donations, request a copying fee or any other fee.
B. You may not distributing copies with other products of any kind, commercial or otherwise, without prior written permission from Copyright Owner.
C. You may give exact copies of this evaluation version of this Software personally to anyone, except for the purpose of extending the evaluation period.
D. You may distribute exact copies of this evaluation version of this Software, if done exclusively through electronic channels.
E. Copyright Owner reserves the right to revoke the above distribution rights at any time and for any or no reason.
5. Usage of License
A. By purchasing a license for the Software, you are obtaining a license to use the Software, subject to the specific license terms of the software. Ownership of the Software is retained by Copyright Owner. The license pertains only to the version and revision level of the Software current at the time the license is conveyed, and does not extend to future releases or updates of the Software.
B. This Software may either be used by a single person who uses it as an individual on one or more computers, or it may be installed on a single workstation and used non-simultaneously by multiple people, but not both. This is not a concurrent use license. Also, separation of the components for use on more that one computer is prohibited.
C. You may access the Software through a network, provided that you have obtained an individual license for each workstation that will access the Software through the network. If different workstations will access the Software on the network, each workstation must have its own license, regardless of whether they use the Software at different times or concurrently.
D. This License Agreement grants you the right to use the Software specifically for the development of personal skills of the user. Its use for the development of other commercial or non-commercial products, or any other use that does not directly develop the skills of the user is prohibited.
E. Upgrades are not included in the registration fee for the software. Copyright Owner may, at its discretion, provide upgrades in compliance with an upgrade fee schedule. Any grades to the software carry the same license terms as this installation unless they are superceded by a newer license agreement.
F. You may transfer the Software and documentation on a permanent basis provided you retain no copy and the recipient agrees to the terms of the License Agreement. You may not rent, lease, lend, copy, modify, translate, sublicense or time-share use of the Software license. You may not make access to the Software available to others in connection with a service bureau, application service provider, or similar business.
G. Copyright Owner shall have the right to terminate your license and your use of the licensed products owned by Copyright Owner if a breech of this License Agreement is detected, and an attempt is made in writing (email included) to bring this breech to your attention, and it remains unresolved for a period in excess of thirty days beyond the date upon which the first attempt to notify you of the breech was made. Upon termination of your license, you will delete and destroy all licensed materials, copies thereof and registration codes provided to you by Copyright Owner. Copyright Owner shall not be required to provide you with redress, compensation, replacement or refund in the event of the termination of your product licenses as the result of an agreement breech.
6. Reverse Engineering Prohibited
Taking the software apart to see how it works is strictly prohibited. You must not reverse engineer, decompile, or disassemble the software.
7. Support Services
You understand that Copyright Owner is not required to provide you with support for the software. The registration fee for the software does not include payment for support of any kind.
8. Disclaimer of Warranty
This disclaimer of warranty constitutes an essential part of this agreement. This Software and all accompanying files are distributed "AS IS" and with no warranty of any kind, whether expressed or implied. Copyright Owner makes no guarantee as to the functionality or suitability of the software. The user must assume the entire risk of using the program.
Copyright Owner does not accept responsibility for any expense caused by your use of the software. Licensee agrees to accept sole and complete responsibility for any loss, damage or expense caused to you or to third parties as a result of your use of software. In no event shall Copyright Owner be held liable for any incidental, consequential, or punitive damages including attorney`s fees relating to the use of this Software.
9. Entire Agreement
This Agreement is the complete statement of the Agreement between the parties on the subject matter, and it merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. There are no third party beneficiaries of any promises, obligations or representations made by Copyright Owner herein. If any part of this agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
This agreement is governed by the laws of the State of Indiana, U.S.A. Each of the parties hereto irrevocably agrees that the exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in the County of Fulton, State of Indiana.
This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. Copyright Owner reserves all rights not specifically granted in this License Agreement.
Without making any payment to Copyright Owner, you may make as many exact copies of this evaluation version of this Software as you wish, for purposes of distribution as described below.
A. You may give exact free copies of this evaluation version of this Software personally to anyone, except for the purpose of extending the 33 day evaluation period.
B. You may not charge, requesting donations or charge a fee other than a copying fee for the program.
C. You may not request a copying fee or any other fee greater than $5.00us. In which case the purchaser must be notified that there is additional cost to use the program beyond the evaluation period.
D. You may distribute copies on the same CD as other products, provided the CD is a one-of-a-kind personalized copy for a single individual.
E. You may not otherwise distributing copies with other products of any kind, commercial or otherwise, without prior written permission from Copyright Owner.
F. You may distribute exact copies of this evaluation version of this Software, if done exclusively through electronic channels.
G. Copyright Owner reserves the right to revoke the above distribution rights at any time and for any or no reason.