End user agreement for Course Genie
END-USER LICENCE AGREEMENT FOR COURSE GENIE SOFTWARE
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Horizon Wimba (or it's agents, resellers or distributors) for the Course Genie software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This license agreement grants you the following rights:
Installation and Use. You may install and use SOFTWARE PRODUCT on one computer solely for your personal or company use. If you have acquired multiple licenses or a site license you may install the software on as many computers as specified in your license (per-seat licensing). You may also make copies of the SOFTWARE PRODUCT for backup and archival purposes.
Distribution. You may not reproduce or distribute license key-codes except under the express and written permission of Horizon Wimba.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Software Transfer. You may permanently transfer all of your rights under this license agreement provided the recipient agrees to the terms of this license agreement
Termination. Without prejudice to any other rights, Horizon Wimba may terminate this license agreement if you fail to comply with the terms and conditions of this license agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
Rental. You may not sell, rent, or lease the SOFTWARE PRODUCT.
3. COPYRIGHT. Except as specified below, all title and copyrights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Horizon Wimba. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
Included with this software product is The xsltproc XSLT Processor which is Copyright (c) Daniel Viellard and which is distributed under the MIT licence on the following terms: "Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify,merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portins of the software."
Included with this software product is xmlint software which is Copyright (c) Microsoft (http://www.microsoft.com).
Included with this software product is Info-ZIP compression software (http://www.info-zip.org) which is Copyright (c) 1990-2002 Info-ZIP. All rights reserved.
Included with this software product is Blowfish v1.0 Coded by Douglas Good, Outside The Box Software ( http://kickme.to/OTBSoft ) Copyright 2001, distributed as freeware.
WARRANTY AND LIMITATION OF LIABILITY
LIMITED WARRANTY. Horizon Wimba warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt, and Horizon Wimba support engineers will make commercially reasonable efforts to solve any problem issues.
CUSTOMER REMEDIES. Horizon Wimba's and its suppliers' entire liability and your exclusive remedy shall be, at Horizon Wimba's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Horizon Wimba's Limited Warranty and which is returned to Horizon Wimba with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HORIZON WIMBA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION/STATE TO JURISDICTION/STATE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HORIZON WIMBA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 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 THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HORIZON WIMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HORIZON WIMBA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US $5.00.