PrimeExam distribution permissions and end-user license agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE USING THE PRIMEEXAM SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE PRIMEEXAM SOFTWARE.
1. General. The software, documentation, and any data files accompanying this license whether on disk, in read only memory, on any other media or in any other form (collectively the "PrimeExam Software") are licensed, not sold, to you by Tarazed, Inc. ("Tarazed") for use only under the terms of this License, and Tarazed reserves all rights not explicitly granted to you. The rights granted herein are limited to Tarazed`s intellectual property rights in the PrimeExam software and do not include any other patents or intellectual property rights. You own the media on which the PrimeExam Software is recorded but Tarazed and/or Tarazed`s licensor(s) retain ownership of the PrimeExam Software itself.
2. Permitted use and restrictions.
This License grants you a non-exclusive right to use the demonstration version of the product, without purchasing a Registration Code from Tarazed, for an evaluation period of fifteen (15) days from the date you install the product. After this period expires you must immediately either register the product by means of purchasing a Registration Code from Tarazed or destroy all copies of the product in your possession together with any related documentation.
This License grants you a non-exclusive right to use one full copy of the registered PrimeExam Software on one computer after you have purchased a Registration Code from Tarazed.
You may make a single copy of the PrimeExam software in a machine readable form for backup use only. No part of the PrimeExam Software may be reproduced, published, transmitted electronically, mechanically or otherwise, transcribed, stored in a retrieval system or translated into any language in any form, by any means, for any purpose other than the purchaser`s personal use, without the express written permission of Tarazed.
You acknowledge that the PrimeExam Software source code remains a confidential trade secret of Tarazed and therefore you agree not to attempt to decipher or decompile the Software, or develop source code for the Software. You also agree not to develop or alter Registration Codes to change the identification or expiration dates of the Software; or to determine how Licensor develops such codes; or to otherwise enable use on systems or by users not licensed; or to knowingly allow others to do so.
3. Transfer. You may not lend, loan, lease, rent, sell, or distribute the PrimeExam Software or copies of it in any form, without express prior written permission from Tarazed.
4. Limited Warranty on Media. Tarazed warrants the media on which the PrimeExam software is delivered by Tarazed (if applicable) to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this section shall be replacement of the defective media which is returned to Tarazed together with a copy of the original purchase receipt.
5. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TARAZED DISCLAIMS ALL OTHER WARRANTIES, WITH RESPECT TO THE SOFTWARE AND ACCOMPANYING DOCUMENTATION, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRIMEEXAM SOFTWARE IS AT YOUR SOLE RISK.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL TARAZED BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA OR INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TARAZED OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TARAZED WILL NOT BE LIABLE FOR ANY CLAIM BY ANY THIRD PARTY. TARAZED`S LIABILITY TO LICENSEE FOR DAMAGES, FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER BREACH OF WARRANTY, CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO TARAZED FOR THE PARTICULAR ITEM OF SOFTWARE THAT IS ALLEGED TO HAVE CAUSED THE DAMAGE.
7. Termination. This License is effective until terminated. Your rights under this License will terminate automatically
8. Severability. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.
9. Governing Law; No Waiver; Entire Agreement. This License will be governed by and construed and enforced in accordance with the laws of the State of California. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. This License sets forth the entire agreement between the parties and supersedes all other proposals, agreements, and representations between them, whether written or oral. No amendment or modification of this License will be binding unless in writing and signed by Tarazed.
10. Third party acknowledgments. Portions of the PrimeExam software utilize or include third party software and other copyrighted material. Acknowledgments, licensing terms and disclaimers for such material are contained in the "online" documentation for the PrimeExam Software,and your use of such material is governed by their respective terms.
The trial version of PrimeExam is defined as the original trial package without any registration keys or modifications. Tarazed, Inc. grants the rights to distribute the trial version of the PrimeExam Software only under the following conditions. 1) Ownership of the Software: the PrimeExam software ("the Software") and the accompanying files are owned by Tarazed, Inc. and are protected by United States copyright laws, by laws of other nations, and by international treaties. 2) Distribution: under NO circumstances may you distribute any modified version of the Software. Any distribution of the Software must include all unmodified files found in the original package, including programs, documentation, and sample data files. 3) Under NO circumstances may you wrap the Software within another software package, add files to the software package, or install it in conjunction with other software. 4) Under NO circumstances may you distribute a registered version of the Software or any registration keys that can be used to convert a trial version of the Software into a registered version. 5) Any vendor distributing the Software must prominently display a statement properly defining the shareware or "try-before-you-buy" distribution method. This applies to all physical and electronic distribution methods. 6) Tarazed, Inc. reserves the right to revoke any permissions granted here at any time by notifying you in writing.