End user agreement for TypingMaster Pro typing tutor
SOFTWARE LICENSE AGREEMENT
By installing this software, you indicate your acceptance of the following TypingMaster, Inc. Software License Agreement.
Product: TypingMaster Pro
A. LEGAL AGREEMENT
This is a legal agreement between you (either an individual or an entity) and TypingMaster, Inc. By installing and using the SOFTWARE you agree to be bound by the terms of this Agreement.
B. TERMS OF LICENSE
1. GRANT OF LICENSE. This License Agreement ("License") permits you to use the specified version of the TypingMaster software product identified above according the following terms:
(A) For evaluation purposes, the demo version of the SOFTWARE can be freely used on up to 10 workstations for a period of 30 days but may not be used for commercial purposes.
(B) When a single license has been purchased, the full version of the SOFTWARE may be used on any single computer and a second computer in the license owner's personal use so long as the first and second computers are not used simultaneously and the SOFTWARE is not made available to more users than members of the same household.
(C) When using the SOFTWARE on more computers, corresponding amount of Workstation Licenses or Concurrent Licenses has to be purchased.
The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use."
When you start to use the Software you accept that the Licensor shall have the right to monitor and control of any and all use of the SOFTWARE. Specifically, the SOFTWARE performs license control over the Internet upon entering the license information or uninstalling the SOFTWARE. In the event, the only information passed to TypingMaster's central licensing server for validation is the license ID and product key.
2. UPGRADES. If the SOFTWARE is an upgrade you may use or transfer the SOFTWARE only in conjunction with the prior version(s) of the SOFTWARE.
3. COPYRIGHT. The SOFTWARE (including any images, "applets", photographs, animations, video, audio, music, and text incorporated into the SOFTWARE) is owned by TypingMaster, Inc or its suppliers and is protected by international copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other
copyrighted material (e.g., a book or musical recording) except that you may either
(a) make one copy of the SOFTWARE solely for backup or archival purposes, or
(b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
4. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an upgrade, any transfer must include the most recent upgrade and all prior versions. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law.
5. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only the medium appropriate for your single-user computer. You may not use the other medium on another computer or loan, rent, lease, or transfer the disks to another user except as part of the permanent transfer (as provided above) of all SOFTWARE and printed materials, nor print copies of any user documentation
provided in "on-line" or electronic form.
C. LIMITED WARRANTY
1. LIMITED WARRANTY.
TypingMaster, Inc. warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to thirty (30) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
2. CUSTOMER REMEDIES.
TypingMaster, Inc and its suppliers' entire liability and your exclusive remedy shall be, at TypingMaster Inc's option, either
(a) return of the price paid, or
(b) repair or replacement of the SOFTWARE that does not meet TypingMaster Inc's Limited Warranty and which is returned to TypingMaster, Inc with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder or the original warranty period or thirty (30) days, whichever is longer.
3. NO OTHER WARRANTIES.
To the maximum extent permitted by applicable law, TypingMaster, Inc and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE and the accompanying printed materials. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
4. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall TypingMaster, Inc. or its suppliers 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 out of the use of or inability to use this TypingMaster, Inc product, even if TypingMaster, Inc has been advised of the possibility of such damages.
No TypingMaster, Inc dealer, distributor, developer, Independent Sales Representative, agent or employee is authorized to make any modification or addition to this Agreement.
Should you have any questions concerning this Agreement contact TypingMaster, Inc, Eerikinkatu 4 A 16, 00100 Helsinki, FINLAND
Fax: +358 9 8240 8352