READ THIS LICENSE CAREFULLY BEFORE USING THIS PACKAGE . BY USING THIS PACKAGE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE, DO NOT USE THE PACKAGE. PROMPTLY RETURN THE UNUSED PACKAGE AND ALL ACCOMPANYING ITEMS TO THE PLACE YOU OBTAINED. THESE TERMS APPLY TO ALL LICENSED SOFTWARE ON THE DISK EXCEPT THAT THE TERMS FOR USE OF ANY SHAREWARE OR FREEWARE ON THE DISKETTES ARE AS SET FORTH IN THE ELECTRONIC LICENSE LOCATED ON THE DISK:
1. GRANT OF LICENSE and OWNERSHIP: The enclosed computer programs and data ("Software") are licensed, not sold, to you by Prentice-Hall, Inc. ("We" or the "Company") in consideration of your purchase or adoption of the accompanying Company textbooks and/or other materials, and your agreement to these terms. We reserve any rights not granted to you. You own only the disk(s) but we and/or licensors own the Software itself. This license allows you to install, use, and display the enclosed copy of the Software on individual computers in the computer lab designated for use by any students of a course requiring the accompanying Company textbook and only for the as long as such textbook is a required text for such course, at a single campus or branch or geographic location of an educational institution, for academic use only, so long as you comply with the terms of this Agreement.
2. RESTRICTIONS: You may not transfer or distribute the Software or documentation to anyone else. Except for backup, you may not copy the documentation or the Software. You may not reverse engineer, disassemble, decompile, modify, adapt, translate, or create derivative works based on the Software or the Documentation. You may be held legally responsible for any copying or copyright infringement that is caused by your failure to abide by the terms of these restrictions.
3. TERMINATION: This license is effective until terminated . This license will terminate automatically without notice from the Company if you fail to comply with any provisions or limitations of this license. Upon termination, you shall destroy the Documentation and all copies of the Software. All provisions of this Agreement as to limitation and disclaimer of warranties, limitation of liability, remedies or damages, and our ownership rights shall survive termination.
4. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY: Company warrants that for a period of 60 days from the date you purchase this Software (or purchase or adopt the accompanying textbook), the Software, when properly installed and used in accordance with the Documentation, will operate in substantial conformity with the description of the Software set forth in the Documentation, and that for a period of 30 days the disk(s) on which the Software is delivered shall be free from defects in materials and workmanship under normal use. The Company does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Your only remedy and the Company's only obligation under these limited warranties is, at the Company's option, return of the disk for a refund of any amounts paid for it by you or replacement of the disk. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY THE COMPANY AND ITS LICENSORS, AND THE COMPANY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT , GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE ACCURACY, RELIABILITY, CURRENTNESS, USE, OR RESULTS OF USE, OF THE SOFTWARE.
5. LIMITATION OF REMEDIES AND DAMAGES: IN NO EVENT, SHALL THE COMPANY OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE SOFTWARE, INCLUDING FOR LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR OTHER LOSSES, SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE OR THE ACCOMPANYING TEXTBOOK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES, THE ABOVE LIMITATIONS MAY NOT ALWAYS APPLY.
6. GENERAL: THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF NEW YORK, APPLICABLE TO CONTRACTS MADE IN NEW YORK, AND SHALL BENEFIT THE COMPANY, ITS AFFILIATES AND ASSIGNEES. This Agreement is the complete and exclusive statement of the agreement between you and the Company and supersedes all proposals, prior agreements, oral or written, and any other communications between you and the company or any of its representatives relating to the subject matter. If you are a U.S. Government user , this Software is licensed with "restricted rights" as set forth in subparagraphs (a)(d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 or in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and similar clauses, as applicable .
Should you have any questions concerning this agreement or if you wish to contact the Company for any reason, please contact in writing:
Director, Media Production
1 Lake Street
Upper Saddle River, NJ 07458