End user agreement for Audio Army Study Guide 2.0
SOFTWARE LICENSE AGREEMENT
AUDIO ARMY STUDY GUIDE 2.0
IMPORTANT - READ CAREFULLY
This Software License Agreement is a legal agreement made between Audio Army Study Guide. ("Licensor"), 407 Alabama Ave., Warner Robins GA, and the Licensee. By accepting the option to continue and install, copy, or otherwise use the Software, Licensee agrees to be bound by the terms of this Software License Agreement. If Licensee does not agree to the terms of this Software License Agreement, Licensee may immediately cancel this installation, exit the program, and return the Software and discontinue any and all uses of the Software. In consideration of the foregoing covenants and agreements contained herein, the parties hereto agree as follows:
a) Licensor grants to Licensee, and Licensee accepts, a perpetual, non-exclusive, non-assignable, non-transferable, limited license to the Software in machine-readable code on a single Personal Computer. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. Licensee may not remove any proprietary notices or labels on or in the Software. Licensee may not sell, transfer, rent, lease or otherwise sub-license the Software or documentation to any third party under any circumstances. Licensee may not in any way modify the Software. Any modifications to the Software will negate and void the limited warranties expressed herein. Licensee shall not create modifications or adaptations to the Software or documentation in whole or in part including but not limited to translating or creating derivative works; furthermore, Licensee shall not be permitted to disassemble or reverse compile the Software for any reason whatsoever.
b) Licensee may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on Licensee's other computers over an internal network; however, Licensee must acquire and dedicate a license for each separate computer on which the Software is run from the storage device. A license for the Software may not be shared or used concurrently on different computers.
c) The license for the Software shall pass to Licensee upon payment to Licensor of the entire license fee. Licensee assumes all risk of loss, damage or destruction of Software after acceptance by Licensee.
2. OWNERSHIP: Licensee acknowledges and agrees that Audio Army Study Guide, and its suppliers, maintain exclusive ownership of and to Software, in all forms and all copies thereof including, without limitation, any and all worldwide copyrights, patents, trade secrets, trademarks, and proprietary and confidential information rights associated with Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. No ownership rights in any of Software are transferred to Licensee. Licensee acknowledges and warrants that nothing in this Agreement gives it the right, title or interest in Software except for Licensee's limited express rights granted pursuant to Section 1 of this Software License Agreement.
3. LIMITED WARRANTY:
a) For a period of 30 days from the date of Licensee's receipt of the Software, Licensor warrants that the Software will substantially conform to published specifications and to the documentation provided with it when used as specified in such documentation; and the media on which the Software is distributed are free from defects in materials and in workmanship. Licensor does not warrant that the functions contained in the Software will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error free. Due to the inherent complexity of computer software, Licensee is advised to verify Licensee's work. Provided that within the 30-day period referred to above, Licensee returns the Software with a copy of Licensee's receipt and all agreements and a written statement specifying in reasonable detail the nature of the claimed non-conformance, Licensor will at its discretion either (a) correct the non-conformance of the Software; or (b) replace the defective media and/or documentation; or (c) refund the license fee.
b) LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.
c) Licensor is not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute Software, or claims by third parties. No oral or written information given by Licensor, its agents, or employees shall create a warranty. In no case shall Licensor bear any liability for any reason whatsoever and in no case shall Licensor's liability exceed the amount of the license fee actually paid by Licensee. No modification or addition to this warranty is authorized unless it is set forth in writing, references this Software License Agreement, and is signed on behalf of Licensor by an authorized official.
d) Licensee assumes full responsibility for the selection of the Software to achieve intended results and for the installation, use, and results obtained from the Software.
4. MAINTENANCE: This Agreement does not express or entitle Licensee to any support or maintenance to the Software except as provided for in the "Limited Warranty" section of this Agreement. During and following the expiration of the limited warranty period for the Software granted herein, Licensee can receive technical support and other maintenance services by complying with Licensor's then current terms and conditions for technical support on a "per event" basis
5. TERMINATION: Licensor may terminate this Agreement immediately and any license to use the Software will automatically terminate without notice if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee shall delete all copies of the Software. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement.
6. SEVERABILITY: In the event that a court of competent jurisdiction determines that any portion of this Agreement is unenforceable, said unenforceability shall not affect any other provision of this Agreement.
7. GOVERNING LAW AND JURISDICTION: This Agreement shall be governed, interpreted, and enforced by the laws of the State of Virginia. Any legal action brought involving the Software License granted herein, shall be brought only in the courts of the State of Virginia, in the County of Hampton, or in the federal courts located in such state (and county). Both parties to this Software License Agreement submit to venue and jurisdiction in these courts. In the event that an action or claim arises outside of the exclusive jurisdiction specified herein which names Audio Army Study Guide. as a party, Licensor and Licensee specifically agree to initiate, consent to and/or cooperate with any and all efforts to remove the matter to the exclusive jurisdiction named herein, or otherwise take any and all reasonable actions to achieve the objectives of this provision.
8. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement and understanding of the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and proposals, oral or written. This Agreement may be amended or modified only by a subsequent agreement in writing signed by each of the parties and may not be modified by course of conduct.
9. U.S. GOVERNMENT RESTRICTED RIGHTS: Distribution and use of the Software and derivative works thereof to and by the United States Government will be subject to the Restricted Rights as set forth in subparagraph (c) (1)ii of the rights in Technical Data and Computer Software clause at DFAR 252.227-7013. All software is commercial computer software developed at private expense. Use, duplication or disclosure by the U.S. Government is subject to the restrictions set forth in FAR 52.277-19(c)(2) where applicable or the applicable provisions of the DFAR supplement 252.227.7013 subdivision (a)(15) or (a)