End user agreement for Speed Reader-X
"Software" is defined as the SpeedReader-X(tm) manual and computer program with which this Software
License Agreement ("Agreement") is included and any updates or maintenance
Warning: This software uses flashing cursors and should not be used by any person suffering from epilepsy or similar conditions. By using or installing this software where others can run it, you agree that the authors are not responsible for any injury or damage that may be caused.
No claim is made for any validity or accuracy of the speed tests. Reading tests were designed solely for the purpose of determining reading speed estimates to track progress over time. The results are not taken under laboratory conditions and therefore cannot be relied upon as accurate.
License Agreement and Limited Warranty
Elite Minds Inc provides the software SpeedReader-X(tm) under the followings conditions:
a) You will not copy, reproduce or in any way duplicate all or any part of SpeedReader-X(tm) software, manual, or accompanying materials.
b) The Gutenberg eBook disk is subject to seperate license agreements which are on this disk.
c) The software is licensed for Household use. This means the software can be installed on (1) shared family desktop computer, (1) individual computers, and (1) laptop within the purchasing household. It may not be installed on computers that are not used and stored primarily in the domicile of the software buyer. This license is not transferrable and cannot be sold, given away, leased, or otherwise transferred to any individual or entity by the original product purchaser.
d) Elite Minds Inc may issue multi computer licenses to businesses or schools which allow the installation of one copy on more than one machine.
This program is provided 'as is'. No others warranties are expressed or implied. In no event will SpeedReaderx.com or Elite Minds Inc be liable to you for any damages, including lost profits, lost savings or other incidental or consequential damages arising during the use or out of the use or inability to use this product.
Any use of the product constitutes your acceptance of the terms and conditions of this Agreement.
If you do not agree with the terms and conditions of this Agreement,
promptly return the Software and accompanying items to the place of purchase with a dated receipt for a full refund, or do not use the Software. Refund policies for retail distributors vary. We are not responsible for returns made to or purchases made from retail distributors. The retail distributor bears the sole responsibility for replacement or refund based on their policy.
If the SpeedReader-X(tm) Software was pre-installed on
your computer, CD-ROM disk(s) ("Disk(s)") came packaged with your computer at no extra charge, or you legally received the SpeedReader-X(tm) Software free of charge, and you do not agree with this Agreement, do not use the SpeedReader-X(tm) Software.
License and Restrictions
A. License Grant for Software
Subject to the terms and conditions of this Agreement, you are granted a
limited non-exclusive license to use a copy of the enclosed Software on one
(1) computer used by a single household. (1) laptop used by the same household. You may make one (1) backup copy of the Software for your own use. You may not transfer your rights in the Software to a third party, or sell the computer on which the Software is installed to a third party (collectively "Subsequent Licensee"). The software is sold and licensed to an individual and cannot be transferred.
You agree NOT to: (1) make additional copies of the SpeedReader-X(tm) Software except as provided above; (2) enable others to use your software for other than short demonstration purposes; (3) give copies to another person who has not purchased a license for the SpeedReader-X(tm) Software from SpeedReader-X(tm); (4) install the SpeedReader-X(tm) Software on computers used by individuals who have not purchased the appropriate licenses for the Software from SpeedReader-X(tm); (5) duplicate the SpeedReader-X(tm) Software by any other means including electronic transmission including but not limited to download services or file sharing networks; or (6) copy the printed materials or user documentation accompanying the SpeedReader-X(tm) Software, if any. The
SpeedReader-X(tm) Software in its entirety is protected by copyright laws. The SpeedReader-X(tm) Software also contains the trade secrets of SpeedReader-X(tm) and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the SpeedReader-X(tm) Software to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of the SpeedReader-X(tm) Software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the SpeedReader-X(tm) Software, Disk(s), or
related materials or create derivative works based upon the SpeedReader-X(tm) Software or any part thereof.
This Agreement may be terminated by SpeedReader-X(tm) 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 SpeedReader-X(tm) Software, including all backup copies. SpeedReader-X(tm) shall have the
right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue or impose conditions on any feature or aspect of the SpeedReader-X(tm) Software (including but not limited to internet-based services, pricing, technical support options, and other product-related policies) without notice.
If you are not 100% satisfied with the Software, SpeedReader-X(tm)'s entire liability and your exclusive remedy shall be as follows: (1) If you purchased the Software through a retail store you will need to contact that store for details on their return or refund policy. If you purchased directly from SpeedReaderX.com, return of the
Software within ninety (90) days of purchase after requesting an RMA(Return Materials Authorization Number) for a refund(not including shipping and handling charges). All instructions included with the RMA must be followed. Refunds will not be issued on merchandise that is returned incomplete or returns in unsaleable condition.
Disclaimer of Warranties
EXCEPT AS PROVIDED ABOVE, THE SpeedReader-X(tm) SOFTWARE, DISK(S),
RELATED MATERIALS, CONTENT AND/OR RELATED SERVICES
ACCESSIBLE THROUGH THE SpeedReader-X(tm) SOFTWARE, ARE PROVIDED "AS-
IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
SpeedReader-X(tm) AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
PARTICIPATING THIRD-PARTY CONTENT
OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS
("REPRESENTATIVES") DISCLAIMS ALL OTHER REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SpeedReader-X(tm)
SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND ANY
SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE,
SECURITY, QUALITY, MERCHANTABILITY, OR THEIR
NONINFRINGEMENT. SpeedReader-X(tm) DOES NOT WARRANT THAT THE SpeedReader-X(tm) SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM
LIMITATIONS, INCLUDING BUT NOT LIMITED TO ACCURATE CONTENT.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
RESULTS ARE NOT GUARANTEED. THE ABILITY TO SPEED READ DEPENDS HEAVILY
ON THE INDIVIDUAL AND ON THE AMOUNT OF PRACTICE AND EFFORT CONTRIBUTED.
NO REPRESENTATION IS MADE THAT THE EXAMPLE RESULTS QUOTED OR THE
TESTIMONIALS OR SAMPLE CASES OR DRAMATIZATIONS WILL OR CAN BE ACHIEVED
BY ANY PARTICULAR PERSON. SPEED READING HAS AN ESTABLISHED HISTORY
AND HAS BEEN SHOWN TO WORK FOR MANY INDIVIDUALS BUT WE DO NOT GUARANTEE
THAT EVERY PERSON CAN ACHIEVE THE DESIRED RESULTS.
THE SpeedReader-X(tm) SOFTWARE AND RELATED SERVICES OR CONTENT ARE
DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE
UNDERSTANDING THAT SpeedReader-X(tm) AND ITS REPRESENTATIVES ARE NOT
ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER
PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT
ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT
PROFESSIONAL SHOULD BE SOUGHT. SpeedReader-X(tm) EXPRESSLY DISCLAIMS
ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE
SpeedReader-X(tm) SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY
OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE
ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.
Limitation of Liability and Damages
THE ENTIRE LIABILITY OF SpeedReader-X(tm) FOR ANY REASON SHALL BE
LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SpeedReader-X(tm)
SOFTWARE LICENSED FROM SpeedReader-X(tm) OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SpeedReader-X(tm)
AND ITS 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, HARDWARE OR SOFTWARE DAMAGE
OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
SpeedReader-X(tm) 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. THIRD PARTY CONTENT PROVIDERS ARE NOT RESPONSIBLE
TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OF
THE CONTENT. SpeedReader-X(tm) AND ITS REPRESENTATIVES' TOTAL
LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR
THE SpeedReader-X(tm) SOFTWARE. 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 THE DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN SpeedReader-X(tm) AND YOU. SpeedReader-X(tm) WOULD NOT HAVE BEEN
ABLE TO PROVIDE THE SpeedReader-X(tm) SOFTWARE TO YOU WITHOUT SUCH
By installing this software or using this software:
You agree not to hold SpeedReader-X(tm) liable for any loss or damage of any sort.
The SpeedReader-X(tm) Software is a "commercial item," as that term is defined at 48
C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are used in 48
C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users
acquire the SpeedReader-X(tm) Software with only those rights set forth herein. SpeedReader-X(tm) by Elite Minds Inc.
This Agreement sets forth SpeedReader-X(tm)'s and its Representatives' entire liability and your exclusive remedy with respect to the SpeedReader-X(tm) Software. You acknowledge that this Agreement is a complete statement of the agreement between you and SpeedReader-X(tm) with respect to the SpeedReader-X(tm) Software or any related
services, and that there are no other prior or contemporaneous
understandings, promises, representations, or descriptions regarding the SpeedReader-X(tm) Software, it’s content or any related services.
This Agreement shall govern any services or content related to the SpeedReader-X(tm) Software, unless such services or content are subject to a separate written agreement between you and SpeedReader-X(tm) or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to SpeedReader-X(tm) and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by SpeedReader-X(tm) between you and SpeedReader-X(tm) or the applicable Representative(s).
This Agreement does not limit any rights that SpeedReader-X(tm) may have under trade secret, copyright, patent, trademark or other laws. The Representatives of SpeedReader-X(tm) are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on SpeedReader-X(tm), other than in writing signed by an officer of SpeedReader-X(tm). Accordingly, such additional statements are not binding on SpeedReader-X(tm) 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.
No delay or failure on the part of SpeedReader-X(tm) in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), except as to copyright, patent and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal and state courts of Ventura County, California and waive any objection to venue in such courts. This Agreement is deemed entered into at Camarillo, 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 SpeedReader-X(tm)'s privacy policies, please refer to the Privacy Statement contained either in the SpeedReader-X(tm) Software or on a website designated by SpeedReader-X(tm). You agree to be bound by the applicable SpeedReader-X(tm) privacy policies.
Health Information and Privacy
If you intend to use the SpeedReader-X(tm) Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the SpeedReader-X(tm) Software, related services and content are not "HIPAA-ready" or "HIPAA-compliant" and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the SpeedReader-X(tm) Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to
medical or health information.
SpeedReader-X(tm) and the SpeedReader-X(tm) eyeglass logo are trademarks and/or registered service marks licensed for exclusive use by Elite Minds Inc
All accompanying material is wholly owned by Elite Minds Inc or public domain and re-used by Elite Minds Inc. or used with express permission of the copyright or trademark holder by Elite Minds Inc.
Copyright © 2005-2007 SpeedReader-X(tm) Elite Minds Inc. All rights reserved. Unauthorized reproduction is a violation of applicable laws.
As of 8/15/07.