End user agreement for Teachers Personal Markbook
Teacher's Personal Markbook
Software Licensing Agreement
Teacher's Personal Markbook
Copyright (C) 2010 Scott McDonald PC Services. All Rights Reserved
The software product Teacher's Personal Markbook is identified as TPM and Scott McDonald PC Services, A.B.N. 20 586 027 242 is identified as SMPCS below.
PLEASE READ CAREFULLY
This End User Licence Agreement ("EULA") is a legal agreement between you and SMPCS for using TPM. By installing, copying, or otherwise using TPM, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly delete the TPM program and any copies of the installation program.
The copyright in TPM and its documentation is owned by SMPCS. Subject to the terms of this EULA, you are granted a non-exclusive right for the duration of the EULA to use TPM. You do not acquire ownership of copyright or other intellectual property rights in any part of TPM by virtue of this EULA. Your use of this software indicates your acceptance of this EULA and warranty.
GRANT OF LICENCE
In accordance with the terms of this EULA you are granted the following rights:
1. To install and use TPM on all computers at the site of the licensed institution. This can be from standalone computers, networked servers, or portable computers, provided TPM can only used by staff employed by the licensed institution.
2. To install and use TPM on privately owned computers, such as computers at home or personal laptop computers, of staff employed by the licensed institution. If a person ceases to be employed by the licensed institution he or she must delete all copies made for personal use.
3. To make copies of TPM for backup and archival purposes.
The Trial version of TPM is not free software. Subject to the terms of this agreement, you are hereby licensed to use this software for evaluation purposes without charge for 31 days as shown in the "When does the trial expire" command in the Help menu of TPM.
After 31 days, all installed trial copies of TPMX must be removed from the computer or removable drives. You are not allowed to extend the trial evaluation period by downloading a new copy of the Trial version of TPM.
Unregistered use of TPM after the evaluation period is in violation of Australian, European, U.S. and international copyright laws.
If you choose to use TPM after your evaluation a licence must be purchased from the SMPCS website at <http://www.teacherspersonalmarkbook.com/>. Upon payment of the licence fee, you will be sent by email a suitable licence key for TPM.
ADDITIONAL RIGHTS AND LIMITATIONS
You are not allowed to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-licence, loan or distribute TPM other than as expressly authorised by this EULA.
You agree not to reproduce or distribute licence key-codes except under the express and written permission of SMPCS .
Without prejudice to any other rights, SMPCS may terminate this EULA if you fail to comply with the terms and conditions. Upon termination you will delete all copies of TPM and its installation program.
TPM and accompanying documentation are provided "as is" and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality, fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded.
TPM will perform substantially in accordance with the accompanying documentation, and technical support by SMPCS will make commercially reasonable efforts to solve any problems associated with TPM.
To the maximum extent permitted by law, SMPCS excludes, for itself and for any supplier of software incorporated in TPM, all liability for all claims , expenses, losses, damages and costs made against or incurred or suffered by you directly or indirectly (including without limitation lost costs, profits and data) arising out of: your use or misuse of TPM; your inability to use or obtain access to TPM; negligence of SMPCS or its employees, contractors or agents, or of any supplier of software incorporated in TPM, in connection with the performance of SMPCS's obligations under this EULA; or Termination of this EULA by either party for any reason.
In no event shall SMPCS or anyone else who has been involved in the creation, development, production, or delivery of TPM be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of this software, or arising out of any breach of warranty.
All names of products and companies used in this EULA, TPM, or the documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licences. Windows, Windows 98, Windows NT, Windows ME, Windows XP, Windows 2000, Windows Vista and Windows 7 are trademarks of Microsoft.
This agreement shall be construed in accordance with the laws of the Commonwealth of Australia.
End of Licence
Copyright © 2010 Scott McDonald PC Services