End user agreement for Excel Grader
FREE USE LICENSE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
• YOU CLICK THE "ACCEPT" BUTTON, OR
• YOU COPY, INSTALL, OR USE THIS COPY OF EXCEL GRADER SOFTWARE, OR
• YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS EXCEL GRADER SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of the Excel Grader software package ("Excel Grader") with which this Agreement is included by the OfficeGrader.com. Different license terms may apply to other software packages or other materials from OfficeGrader.com, and license terms for later versions of Excel Grader may also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received Excel Grader in the form of an original Excel Grader distribution package as distributed by OfficeGrader.com, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for Excel Grader are available from OfficeGrader.com and OfficeGrader.com-authorized Excel Grader distributors. Copies of Excel Grader not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
(b) You may, free of charge:
• install and use Excel Grader free of charge, for the purpose of creating, changing, storing, distributing and transmitting software description data files in PAD file format(s).
• copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of Excel Grader to others, as long as it is deemed current by OfficeGrader.com.
• store, and distribute and transmit to others, the software description data files created in PAD file format(s) by proper use of this version of Excel Grader ("proper use" is defined below).
"Proper use" of Excel Grader is use of the Excel Grader program fully in accordance with OfficeGrader.com guidelines, as such guidelines may be changed, clarified or corrected by OfficeGrader.com from time to time. If you have any questions as to proper use of this Excel Grader program you may contact OfficeGrader.com via the contact information included in this Original Distribution Package.
(c) You may not:
• permit others to use this Excel Grader program unless they are properly licensed by OfficeGrader.com, either under this Agreement or another agreement from OfficeGrader.com.
• modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this Excel Grader program.
• copy Excel Grader except as described above.
• sell or license copies of Excel Grader to others.
• remove any proprietary notices or labels on Excel Grader or any other OfficeGrader.com software.
• use Excel Grader in or for High Risk Activities (defined below)
(d) All rights not expressly granted by OfficeGrader.com in this Agreement are entirely and exclusively reserved to OfficeGrader.com.
4. SUPPORT. Excel Grader contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this free license.
5. DISCLAIMER OF WARRANTY. OFFICEGRADER.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST EXCEL GRADER BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING EXCEL GRADER AND DISTRIBUTING FILES CREATED THROUGH USE OF EXCEL GRADER, AND THAT IF YOU USE EXCEL GRADER IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF EXCEL GRADER IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL OFFICEGRADER.COM, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF EXCEL GRADER, FILES CREATED USING EXCEL GRADER, OR YOUR RELATIONSHIP WITH OFFICEGRADER.COM. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
7. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
8. TITLE. OfficeGrader.com or its licensors own the Excel Grader software, all other materials in this Excel Grader Original Distribution Package, and the names and marks "OfficeGrader.com", and "Excel Grader", under the copyright, trademark, and trade secret laws and all other laws that may apply.
9. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the Excel Grader software and all other materials in this Excel Grader Original Distribution Package and, at OfficeGrader.com's sole discretion, any or all of the files created by you using Excel Grader and distributed to others.
10. HIGH RISK ACTIVITIES. Excel Grader is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Excel Grader could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). OfficeGrader.com and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and OfficeGrader.com. Waiver by OfficeGrader.com of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to Excel Grader or to this Agreement shall be governed by the laws of the United States and the laws of the State of Mississippi, without regard to U.S. or Mississippi choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to OfficeGrader.com or the matters in this Agreement shall be exclusively in courts located in Mississippi. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by OfficeGrader.com herein.