End user agreement for Aurinko - Learn French (OEM)
LICENSE AGREEMENT AND LIMITED WARRANTY
Aurinko License Agreement
This is a legal agreement between you, the end user, and LTI ltd.. The enclosed software Programs, On-Line Help, Printed and On-Line Manuals and other materials (SOFTWARE) are licensed by LTI ltd. to you, the original customer, for use only according to the terms set forth herein.
Any one of the following indicates acceptance of the License Agreement by you: 1) opening the media package (i.e., package containing CD or DVD); 2) running the Installation Program to copy the SOFTWARE to a Hard Drive; 3) exposure, by removing of covering strip(s), of login and/or password on registration card or 4) using the SOFTWARE.
If you do not agree to these terms, do not open the media package. Return the full product (including the unopened media package, registration card with fully intact and sealed covering strip(s), login and/or password, all manuals, materials, and packaging) and proof of purchase to LTI ltd. within sixty (60) calendar days of purchase for a full refund (less shipping and handling).
Grant of License
LTI ltd. grants to you (Licensee) the right to use one copy of the SOFTWARE contained in the accompanying media package, subject to your agreement to abide by all terms stated herein, including, but not limited to, both of the following conditions: 1) the SOFTWARE may only be copied to one of the following: a) the Hard Drive of one stand-alone computer (including notebook computers); or b) the Hard Drive(s) of one network server or shared computer, whose functions with regard to the SOFTWARE, are restricted to that of a Local Area Network, and the Hard Drives of any stand-alone workstation computers (including notebook computers) which are more than fifty percent (50%) of the time physically part of the Local Area Network; and 2) the number of Users of the SOFTWARE may not exceed the number of Users as authorized by the purchase documents for the Version of the SOFTWARE.
A Hard Drive, for the purposes of this Agreement, is defined as any device capable of maintaining computer information after the main electrical power is turned off, and such device is designed to interactively store and retrieve this information for use by the computer’s central processor(s).
A Local Area Network is defined as two or more computers connected by wire, cable, fiber optics, or short range radio transmission (Connections), where such Connections are dedicated to communication between the computers, and the sum total combined length of these connections does not exceed 10,000 feet.
A User is defined as one person operating on a computer who has activated the SOFTWARE such that its processes have been started on the computer, and/or is accessing information created and/or maintained by the SOFTWARE at any one time.
The SOFTWARE may be available as different Service Releases, Editions, and Versions, all of which shall be considered one product under this License Agreement. All provisions of this License Agreement apply equally to all Service Releases, Editions, and Versions except as to the number of Users of the SOFTWARE as defined herein.
Loss of Use Due to License Violation
LTI ltd. has, or reserves the right at any time without additional expense or notice to the Licensee, implemented systems which report and/or prevent attempts to use the SOFTWARE without payment in full for the Licenses, any attempt to exceed the licensed number of Users, attempts to reverse engineer, decompile, disassemble, or create derivative works from the SOFTWARE, or attempts to otherwise violate this License (License Control Systems). License Control Systems may prevent continued use of the SOFTWARE and deny access to the information created or maintained in the SOFTWARE. Further, LTI ltd. does not warrant that any attempt to circumvent the License Control Systems will not permanently disrupt the use of the SOFTWARE, or damage, or restrict the access to, the Licensee’s information created and/or maintained by the SOFTWARE.
Copyright and Proprietary Property
The Licensee agrees that the SOFTWARE is the confidential and proprietary property of LTI ltd. and is protected by Czech Copyright Laws and international treaty provisions.
You may either: a) make one copy of the SOFTWARE solely for backup or archival purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the SOFTWARE; or b) transfer the SOFTWARE to one single Hard Disk on a stand-alone computer or the network server computer or shared drive in the Local Area Network, provided you keep the original media solely for backup or archival purposes. No other copies are allowed or authorized.
Transfer and Other Restrictions
You may not sell, rent, lease, lend, contract host (such as in an Application Service Provider or ASP), or transfer the SOFTWARE, without the express prior written consent of LTI ltd.
You may not use the SOFTWARE to provide Application Service Provider (ASP) services or other contract hosting services to any other parties. Further, you may not allow any other parties to provide the SOFTWARE to you under an ASP or other contract hosting service, except by LTI ltd. or an ASP approved and certified by LTI ltd..
You may not reverse engineer, decompile, disassemble, or create derivative works from the SOFTWARE. No rights, title, or interest in the SOFTWARE, or any part thereof, shall be gained by Licensee as a result of ideas or suggestions made, or modifications requested, by Licensee, unless an agreement in writing is executed in advance of the offering of such ideas, suggestions, or modifications.
Multiple Media or Download Software
If the SOFTWARE package contains multiple media or is available by download, then you may use only the media or download appropriate for your computer. You may not use the other media or downloads on another computer or computer network, or loan, rent, lease, or transfer them for any consideration.
Aurinko Software Limited Warranty
To the original purchaser only, LTI ltd. provides the following warranties:
Sixty (60) Day Satisfaction Guarantee
Refund of the full purchase price (less shipping & handling) of Licenses ("Software") is available one time to original purchaser (i.e., NO Refund if you have previously Returned any Version of the Software) within 60 days of delivery of the first purchase of each Software Version (i.e., Additional User Licenses of a Software Edition do NOT extend or restart the Guarantee period). There is NO Refund after the first to occur of: 1) Sixty (60) days from delivery of the first purchase of each Software Version; or 2) the Software is Registered (Registration occurs at the end of 60 day Guarantee period). To receive a Refund, you must return the Software, shipping prepaid, in good condition, including all CD(s) or DVD, and manual(s) and registration card with fully intact and sealed covering strip(s), login and/or password ("Return"); show the License number on the Return; and send the Return by a means that provides proof of delivery. A Refund is issued within thirty (30) days of receipt of the Return. Shipping & handling is not refundable.
There is no Satisfaction Guarantee, and such Guarantee shall be deemed null and void, if there is any evidence of an attempt to remove the SOFTWARE serial number, Licensee name, decompile, reverse engineer, modify, develop derivative products from, or otherwise violate the SOFTWARE License Agreement.
Sixty Day (60) Limited Warranty
LTI ltd. warrants that for the sixty (60) calendar days following the purchase date of the SOFTWARE the following: a) the SOFTWARE, unless modified by you, will perform substantially the functions described in the documentation provided by LTI ltd.; and b) the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use.
Your sole remedy under the warranty during this sixty (60) day period is that LTI ltd. will undertake within a reasonable period of time any or all of the following: a) correct any reported failure of the SOFTWARE to perform substantially the functions described in the documentation (SOFTWARE Error); b) correct errors in the documentation; and c) replace any media which prove defective in materials or workmanship on an exchange basis. Corrections will be sent by Mail to the person and address registered with LTI ltd. without charge.
In order to make a claim under this Warranty, you must return the defective media or provide a brief written description of the SOFTWARE Error or error in the documentation, together with your proof of purchase, to LTI ltd., postage prepaid, such that it is received by LTI ltd. within ten (10) calendar days after the last day of the sixty (60) day warranty period.
If LTI ltd. is unable to correct the SOFTWARE Error, correct the documentation, or replace the defective media within a reasonable time, LTI ltd. will, at its sole and exclusive option, either replace the SOFTWARE with a functionally equivalent program at no charge to you, or refund the purchase price of the SOFTWARE.
These are the sole and exclusive remedies for any breach of Warranty during this sixty (60) day period.
There is no Warranty if there is any evidence of an attempt to remove the SOFTWARE serial number, Licensee name, decompile, reverse engineer, modify, develop derivative products from, or otherwise violate the SOFTWARE License Agreement.
LTI ltd. does not warrant at any time that the SOFTWARE will meet your requirements, that operation of the SOFTWARE will be uninterrupted or error-free, or that all SOFTWARE Errors will be corrected.
LTI ltd. is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems, nor for problems in the interaction of the SOFTWARE with non-LTI ltd. software.
LTI ltd. will have no responsibility to replace or refund the purchase price of documentation, materials, or media damaged by accident, abuse, or misapplication.
Limitation of Remedies
There are no other warranties. LTI ltd. disclaims all other warranties, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or suitability of use in any trade or profession, with respect to the SOFTWARE.
Except as stated herein, in no event shall LTI ltd. or its suppliers be liable for any damages whatsoever, whether based on contract, tort, warranty or other legal or equitable grounds, including, without limitation, damages for loss of business profits, business interruption, loss of business or professional information, or other pecuniary loss, arising out of the use of or inability to use SOFTWARE, even if LTI ltd. or anyone else has been advised of the possibility of such damages. No warranty, including without limitation any implied warranties, is provided beyond the sixty (60) day warranty period. In no case shall LTI ltd.’s liability exceed the original purchase price of the SOFTWARE.
The unregistered Aurinko program may be used for up to thirty (30) days or a maximum of fifty (50) starts, whichever comes first. Product access and features will be limited after either of these events occurs. The Aurinko program can only be registered to the computer on which it is installed via an online process, using an authentication code, login and password printed on the registration card. If multiple licenses have been purchased, one (1) will be deducted from the total number for each successful registration.
Registration is valid for one software package on a single computer. If you must reinstall your system software or delete the Aurinko program from your computer, you will need to register the software again once it is reinstalled on the same computer. Your license allows for five (5) registration events for your convenience in these situations.
If you wish to install your Aurinko software on another computer or you are changing hardware components, you may request deregistration of your software. In this case, you will return your license to Aurinko by contacting your Aurinko provider with complete registration information for your specific software package.
Aurinko allows up to five (5) deregistration requests per license however Aurinko reserves the right to review each request individually for approval. Upon approval, one license will be added to a user account for future installation and registration purposes.