1 LICENSE AGREEMENT AND LIMITED WARRANTY
2
3 READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU
4 PROCEED. THIS LEGAL DOCUMENT IS AN AGREEMENT BETWEEN YOU AND
5 PRENTICE-HALL, INC. (THE "COMPANY"). BY ACCESSING THE SOFTWARE, YOU
6 ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO
7 NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS TO SOFTWARE
8 AND ALL ACCOMPANYING ITEMS.
9
10 1. GRANT OF LICENSE:
11 In consideration of your agreement to abide by the terms and
12 conditions of this Agreement, the Company grants to you a
13 nonexclusive right to use, display and modify the Software being
14 transmitted to you (hereinafter "the Software") for educational and
15 research purposes and to include such Software as part of another
16 computer program (i) for use by you; or (ii) for use by third
17 parties, provided that copies to those third parties are distributed
18 for educational or research purposes free of direct or indirect
19 charges. If you wish to otherwise use or distribute the Software,
20 you must enter into a separate agreement with the Company. To do so,
21 please contact the person designated below.
22
23 This license shall continue in effect so long as you comply with the
24 terms of this Agreement and will automatically terminate if you fail
25 to comply. The Company is and shall remain the copyright owner of
26 the Software and reserves all rights not expressly granted to you
27 under this Agreement. All provisions of this Agreement as to
28 warranties, limitation of liability, remedies or damages and
29 ownership rights shall survive termination.
30
31 2. MISCELLANEOUS:
32 This Agreement shall be construed in accordance with the laws of the
33 United States of America and the State of New York and shall benefit
34 the Company, its affiliates and assignees.
35
36 3. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY:
37 Because this Software is being given to you without charge, the
38 Company makes no warranties about the SOFTWARE, which is provided
39 "AS-IS." THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
40 INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
41 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY
42 DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE
43 USE OR THE RESULTS OF THE USE OF THE SOFTWARE. IN NO EVENT SHALL
44 THE COMPANY OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE
45 LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
46 DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED
47 UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, LOSS OF USE,
48 LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR OTHER LOSSES SUSTAINED AS
49 A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO PROPERTY,
50 OR CLAIMS OF THIRD PARTIES, EVEN IF THE COMPANY OR AN AUTHORIZED
51 REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
52 SUCH DAMAGES.
53
54 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES
55 OR LIABILITY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
56 DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT ALWAYS APPLY. YOU MAY HAVE
57 RIGHTS WHICH VARY IN ACCORDANCE WITH LOCAL LAW.
58
59
60 ACKNOWLEDGMENT
61
62 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND
63 AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT
64 THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
65 AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERSEDES ALL PROPOSALS
66 OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
67 BETWEEN YOU AND THE COMPANY OR ANY REPRESENTATIVE OF THE COMPANY
68 RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
69
70 Should you have any questions concerning this agreement or if you
71 wish to contact the Company for any reason, please contact
72
73 Alan Apt (alan_apt@prenhall.com)
74 Prentice Hall
75 2629 Redwing Rd.
76 Suite #260
77 Ft.Collins,CO 80526
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