End user agreement for uCertify PrepKit for SUN exam CX310-035
For 1 Computer
End User License Agreement
THIS IS A LEGAL AGREEMENT between you and uCertify.com. By clicking on the button labeled 'Yes', you agree to be bound by this agreement. If you do not agree, click on the button labeled 'No'; in which case your order will be cancelled, the product will not be installed.
1. Use of the Software.
Install the Software in a single location on a hard disk or other storage device of up to the number of computers indicated in the top section of ('Permitted Number of Computers') of this Agreement.
Provided the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes:
Permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or
Use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 15 computers connected to the server, with no more than 5 computers ever using the Software concurrently, but the Software will be used on 10 different computers at various times, the Permitted Number of Computers for which you need a license is 10.
Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
HOME USE. The primary user of each computer on which the Software is installed or used may also install the Software on one home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.
The Software is owned by uCertify.com and its suppliers and its structure, organization, and code are the valuable trade secrets of uCertify.com and its suppliers. The Software is also protected by Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation, except as set forth in the 'Use of the Software' section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided:
that you transfer this Agreement, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and all Documentation to such person or entity,
that you retain no copies, including copies stored on a computer, and
that the receiving party accept the terms and conditions of this Agreement.
4. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Upgrades.
If the Software includes, or, in connection with the acquisition of the Software you receive, two or more operating environment versions of the Software (e.g. Macintosh and Windows(r) ), two or more language translation versions of the Software, the same Software on two or more media (e.g., diskettes and a CD-ROM), and/or you otherwise receive two or more copies of the Software, the total aggregate number of computers on which all versions of the Software are used may not exceed the Permitted Number of Computers. You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software you use. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described above. If you acquire an upgrade or update for Software, you may use the previous version for ninety (90) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a license to use the previous version, and all copies thereof, including copies installed on computers, must be destroyed.
5. Limited Warranty.
uCertify.com warrants you that the Software will perform substantially in accordance with the documentation for the ninety (90) day period following your receipt of the Software. To obtain this warranty you must contact uCertify.com at sales@uCertify.com with your order number within 90 days of purchase. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at uCertify.com's option, the replacement of the Software or the refund of the license fee you paid for the Software. uCertify.com AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR uCertify.com's OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, uCertify.com AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.
6. Limitation of Liability.
IN NO EVENT WILL uCertify.com OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN uCertify.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Governing Law and General Provisions.
This Agreement will be governed by the laws in force in India excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of uCertify.com.
WARNING: All copyright and trademark interests related to this software are proprietary to uCertify.com, with all rights reserved. We cooperate with the Software Licensing Association, and+E30 prosecute infringes to the fullest extent of the law. If you have any doubt about the validity of a proposed use, do not risk prosecution. Instead, please contact us at info@uCertify.com , to discuss obtaining written permission.
Copyright (c) uCertify.com. All rights reserved.