PocketLearn Viewer for Pocket PC distribution permissions and end-user license agreement
END USER LICENSE AGREEMENT – POCKETLEARN VIEWER (VIEWER).
THIS END USER LICENSE AGREEMENT IS THE LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE USER WHO HAS ACQUIRED THE SOFTWARE (“YOU”) AND POCKETLEARN INC. (“POCKETLEARN”). PLEASE READ THIS AGREEMENT CAREFULLY.
POCKETLEARN IS ONLY WILLING TO PROVIDE THE SOFTWARE TO YOU ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. YOU ACCEPT THIS AGREEMENT BY INSTALLING OR USING THE SOFTWARE.
IF YOU DID NOT ACQUIRE THE SOFTWARE FROM POCKETLEARN OR AN AUTHORIZED POCKETLEARN SOURCE, THEN YOU MAY NOT ENTER INTO THIS AGREEMENT OR USE THE SOFTWARE. NO OTHER PARTY HAS THE RIGHT TO TRANSFER A COPY OF THE SOFTWARE TO YOU.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS AGREEMENT, PLEASE CONTACT POCKETLEARN AT LICENSE@POCKETLEARN.COM.
1. Product Overview. Viewer is a software program used to view "PocketLearn titles" created specifically for PocketLearn`s family of viewers.
2.1 Viewer Software. Subject to the other terms and conditions of this Agreement, PocketLearn grants you a non-exclusive, non-transferable, limited, worldwide license during the term of this Agreement to install Viewer and execute its software program.
2.2 Backups. You may make a reasonable number of backup copies of the Software during the term of this Agreement so long as such backups are used solely to replace lost or damaged copies of the Software that have been installed in accordance with the license of Section 2.1.
3. Restrictions on Use. You may not do (or permit others to do) any of the following: (a) modify, adapt, alter, translate, or create derivative works of the Software; (b) use the Software for any purpose other than to view titles created for PocketLearn viewers in accordance with the accompanying documentation; (c) sublicense, lease, rent, lend, assign or otherwise transfer the Software or your rights hereunder to any third party; (d) make the Software accessible to third parties such as on a hosted or timesharing basis; (d) reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code of the Software except and only to the limited extent that such activities are expressly permitted by applicable law notwithstanding this limitation; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of PocketLearn or its suppliers on, in or displayed by the Software; (f) circumvent, or provide or use a program intended to circumvent, technological measures (such as activation codes) provided by PocketLearn to control installation and use of the Software or other programs; or (g) reproduce or use the software except as expressly permitted in Section 2. The Software is licensed for your personal use only.
4. DISCLAIMER OF WARRANTY. THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. POCKETLEARN HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE PERFORMANCE OR USE OF THE SOFTWARE. TO THE EXTENT THAT POCKETLEARN MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
5. LIMITATION OF LIABILITY. IN NO EVENT UNLESS REQUIRED BY LAW WILL POCKETLEARN (OR ANY SUPPLIER, AFFILIATE OR RESELLER OF POCKETLEARN) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED LOSS OF PROFITS, INTERRUPTION, LOSS OF DATA, PERSONAL INJURY, NEGLIGENCE, FAILURE TO MEET ANY DUTY OF CARE OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, EVEN IF POCKETLEARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, IN TORT OR OTHERWISE. YOU ACKNOWLEDGE THAT POCKETLEARN WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
6. Termination. Without prejudice to any other rights, PocketLearn may cancel this agreement if you do not abide by the terms and conditions contained herein. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. Sections 1, 3, 4, 5, 6 and 7 will survive expiration or termination of this Agreement for any reason.
7.1 Ownership. The Software (exclusive of its physical packaging if any) is licensed. It is not sold, even if for convenience we make reference to words such as “sale” or “purchase.” The Software is protected by copyright and other intellectual property rights. You agree that all worldwide copyright and other intellectual property rights in the Software, and all copies of the Software however made, are the exclusive property of PocketLearn. All rights in and to the Software not expressly granted to you in this Agreement are reserved by PocketLearn. There are no implied licenses under this Agreement. No rights are granted under this Agreement to any source code.
7.2 Services. There are no services provided under this Agreement. Support, maintenance and other services, if available, must be purchased separately from PocketLearn.
7.3 Choice of Law. This Agreement will be governed by the laws of the State of Florida without giving effect to any choice of law principles that would require the application of the laws of a different state or country. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (USA) do not apply to this Agreement.
7.4 Venue. Any legal action between you and PocketLearn arising out of this Agreement or your use of the Software must be instituted exclusively in the federal or state courts located in Miami Dade County, Florida, and you consent to exclusive jurisdiction and venue in such courts.
7.5 Compliance with Laws. You will comply with all applicable export and import control laws and regulations in your use or re-exportation of the Software and, in particular, you will not export or re-export the Software without all required government licenses. You will defend, indemnify, and hold harmless PocketLearn and its suppliers from and against any violation of such laws or regulations by you.
7.6 Relationship between the Parties. The parties are independent contractors and neither party is the agent, partner, employee, fiduciary or joint venturer of the other party under this Agreement. You may not act for, bind, or otherwise create or assume any obligation on behalf of PocketLearn. There are no third party beneficiaries under this Agreement.
7.7 Assignments. You may not assign or transfer, by operation of law or otherwise, your rights under this Agreement (including your licenses with respect to the Software) to any third party without PocketLearn’s prior written consent. Any attempted assignment or transfer in violation of the foregoing will be void. PocketLearn may freely assign its rights or delegate its obligations under this Agreement.
7.8 Language. This Agreement is in the English language and its English language version will be controlling over any other translation, except as otherwise required by applicable law.
7.9 Entire Agreement. This Agreement constitutes the final and entire agreement between the parties regarding the subject of this Agreement and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral. This Agreement may be amended only by a written document signed by both parties. The terms of any purchase order or similar document submitted by you to PocketLearn will have no effect.
Copyright © 2005 PocketLearn Inc
PocketLearn is a trademark of PocketLearn Inc.
This product can be freely distributed through the Internet. Contact PocketLearn for CD distribution questions.