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Encore Software, Inc. LICENSE AGREEMENT
MULTI-USER PRODUCTS
THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND ENCORE SOFTWARE, INC., A MINNESOTA CORPORATION, AND ITS AFFILIATES ("Encore"). THIS AGREEMENT IS GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA (AND NOT BY THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AS AMENDED). BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, REMOVE THE PRODUCT FROM YOUR HARD DRIVE AND PERMANENTLY ERASE ALL COPIES OF THE PRODUCT. IF YOU ARE THE ORIGINAL INSTALLER OF THE SOFTWARE YOU MAY PROMPTLY AFTER PURCHASE RETURN THE SOFTWARE (INCLUDING PRINTED MATERIALS) WITH PROOF OF PURCHASE TO THE PLACE WHERE IT WAS PURCHASED FOR A FULL REFUND OF THE AMOUNT PAID.
LIMITED SOFTWARE LICENSE
GRANT OF LICENSE. This License Agreement permits you to use or make available for use, on computers under your control, the applicable software product (the "Software"), which may include electronic documentation, on up to three (3) computers. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM or Cache) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. This License does not constitute a sale and does not authorize a sale of the Software or anything created thereby. All intellectual property (including copyright, trademark and patent) in the Software, including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software, are owned or controlled by Bytes of Learning Incorporated, HMH Consumer Company Limited (“HMH”) and its affiliates, suppliers or licensors, or by Encore and its affiliates, suppliers or licensors, and are protected by United States laws and international treaty provisions. Bytes of Learning its affiliates, suppliers and licensors, HMH and its affiliates, suppliers and licensors, or Encore and its affiliates, suppliers and licensors, as applicable, retain all rights not expressly granted herein. You must treat the Software like any other copyrighted material, except that you may make one copy of the Software solely for backup or archival purposes. You may transfer your rights under this Agreement on a permanent basis provided you transfer the license granted by this Agreement, and the Software and all associated printed materials, and you retain no copies, and the recipient agrees to all of the terms of this Agreement.
§ You may not use the software on or over a network or any other transfer device (including the Internet) except in a manner using the network and online functions included in the Software, if any. Use of the Software on more than three computers constitutes copyright infringement and may be punishable by civil fines, criminal penalties, or both.
§ You may not rent or lease the Software, but schools and libraries may lend the Software to third parties provided the Software is in CD format and each end user is given a copy of this License Agreement which will govern the use of such Software.
§ You may not modify, translate, reverse engineer, decompile, or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law.
§ You may not remove any proprietary notices or labels in the Software.
§ You may not copy the printed materials accompanying the Software or distribute printed copies of any user documentation provided in electronic format.
§ You may not publicly perform or publicly display the Software.
The restrictions contained herein apply equally to hybrid CD-ROMs which may contain multiple versions of the Software for use on different operating systems. Regardless of the type of media you receive, you
may use only the portion appropriate for your single-user computer on up to three (3) computers. In the event you fail to comply with any of the terms or conditions of this license, your rights to use the Software will end, you shall stop using the Software, remove the Software from all your computers, and permanently erase all copies of the Software. You may not export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
LIMITED WARRANTY
LIMITED WARRANTY. If you purchased this product direct from Encore via phone, website, or email, or from a retailer, Encore and its affiliates, suppliers and licensors warrant to the original installer of the Software, for a period of ninety (90) days from the date of purchase, that the media on which the Software is distributed is substantially free from defects in materials and workmanship. ANY AND ALL OTHER IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, neglect or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Except as set forth above, the Software is sold "as-is", without any express or implied warranties of any kind. If you purchased this product from a Encore-affiliated company, supplier, or reseller, you may need to contact such distributor for returns and warranty information.
REMEDIES. If you purchased this product direct from Encore via phone, website or email, or at a retail store, your exclusive remedy shall be, at Encore 's sole option, (a) the refund of the amount you paid for the Software or (b) repair or replacement of the Software, provided that the defective Software is returned to Encore along with proof of the date of purchase within ninety (90) days from the date of purchase. For details on how to return your purchase, please call Customer Support at (763) 450-2466. If you purchased this product from any other Encore distribution network partner, please call Customer Support at the number above for details on returns or replacement.
LIMITATION OF LIABILITIES. IN NO EVENT WILL ENCORE OR ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENCORE'S AND ITS AFFILIATES', SUPPLIERS' OR LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MISCELLANEOUS
Encore may cancel, change, modify, discontinue, terminate or charge a fee at any time for any reason for the online services advertised as part of this product. The links in the Software will allow third-party sites to be accessed. These linked sites are not under the control of Encore, and Encore is not responsible for the contents of any linked site, and any such inclusion of any link does not imply endorsement by Encore of such site.
No change or modification of the License will be valid unless it is in writing and is signed by Encore. The provisions of this Agreement are severable; if any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. If the Software was acquired outside the United States, then local law may apply.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and user documentation is provided with RESTRICTED RIGHTS AND LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.
CONDITIONS FOR USE
These are Conditions For Use of the Properties contained in the Software. If you do not accept these conditions and you are the original installer of the Software, you may promptly return the Software (including all printed materials) with proof of purchase to the place it was purchased for a full refund of the amount paid or store credit (as applicable). Encore hereby reserves the right to change or modify these Conditions For Use without notice in its sole discretion or to grant any permissions consistent therewith in its sole discretion.
All content contained in the Software, including, but not limited to characters, designs, text, photos, clip art, fonts, graphics, templates, sounds, videos and projects contained in the Software (the “Properties”) are either owned by or used under license by Bytes of Learning Incorporated, HMH or by Encore and are protected under trademark, copyright, and other applicable laws. Any and all unauthorized use of the Properties is strictly prohibited. You may not sell any Property or any item containing or carrying a copy of any Property. Subject to the restrictions described below, you may make copies of the Properties for use in home entertainment and projects, for educational purposes, in multimedia presentations, and other similar uses. For example, subject to the restrictions described below, you may use the Properties to create posters, stationery, greeting cards, signs, invitations, calendars, reports, catalogs, brochures and newsletters.
All rights in derivative works created by the use of a Property shall vest exclusively in Bytes of Learning Incorporated or its licensors, HMH or its licensors, or Encore or its licensors, as applicable.
Each authorized use of a Property must be accompanied by the following notice: “ <year> Bytes of Learning Inc., Encore Software, Inc. and its licensors. All rights reserved.”
YOU ARE NOT PERMITTED TO:
§ Use any images included in this product containing trademarks or logos of any third-party in any print or electronic media of an editorial, commercial, promotional, or corporate nature.
§ Resell or sublicense or distribute collections of the Properties including, for example, clip art collections, photo collections or stock collections.
§ Sell any item on which any Property is copied or otherwise printed.
§ Use any of the Properties as a logo, trademark or similar designation of your business.
§ Use any individual’s or entity’s name, likeness, and/or image in any manner which suggests the endorsement or association of any product or service. For example, you may use a photo of an animal in an advertisement, but you may not use the image of a person.
§ Use any Property in or to create any immoral, obscene or scandalous works.
§ Use any Property in electronic format, including on-line use, and multimedia applications, unless all of the following conditions are met:
The Properties are incorporated for viewing purposes only.
The Properties do not comprise a significant portion of the content of the proposed use.
A notice is included specifying that the Properties may not be saved or downloaded and are only to be used for viewing purposes.
The Properties are embedded at no higher than a base resolution of 512x768.
Encore Software, Inc.
Jul 2013
MULTI-USER PRODUCTS
THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND ENCORE SOFTWARE, INC., A MINNESOTA CORPORATION, AND ITS AFFILIATES ("Encore"). THIS AGREEMENT IS GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA (AND NOT BY THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AS AMENDED). BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, REMOVE THE PRODUCT FROM YOUR HARD DRIVE AND PERMANENTLY ERASE ALL COPIES OF THE PRODUCT. IF YOU ARE THE ORIGINAL INSTALLER OF THE SOFTWARE YOU MAY PROMPTLY AFTER PURCHASE RETURN THE SOFTWARE (INCLUDING PRINTED MATERIALS) WITH PROOF OF PURCHASE TO THE PLACE WHERE IT WAS PURCHASED FOR A FULL REFUND OF THE AMOUNT PAID.
LIMITED SOFTWARE LICENSE
GRANT OF LICENSE. This License Agreement permits you to use or make available for use, on computers under your control, the applicable software product (the "Software"), which may include electronic documentation, on up to three (3) computers. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM or Cache) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. This License does not constitute a sale and does not authorize a sale of the Software or anything created thereby. All intellectual property (including copyright, trademark and patent) in the Software, including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software, are owned or controlled by Bytes of Learning Incorporated, HMH Consumer Company Limited (“HMH”) and its affiliates, suppliers or licensors, or by Encore and its affiliates, suppliers or licensors, and are protected by United States laws and international treaty provisions. Bytes of Learning its affiliates, suppliers and licensors, HMH and its affiliates, suppliers and licensors, or Encore and its affiliates, suppliers and licensors, as applicable, retain all rights not expressly granted herein. You must treat the Software like any other copyrighted material, except that you may make one copy of the Software solely for backup or archival purposes. You may transfer your rights under this Agreement on a permanent basis provided you transfer the license granted by this Agreement, and the Software and all associated printed materials, and you retain no copies, and the recipient agrees to all of the terms of this Agreement.
§ You may not use the software on or over a network or any other transfer device (including the Internet) except in a manner using the network and online functions included in the Software, if any. Use of the Software on more than three computers constitutes copyright infringement and may be punishable by civil fines, criminal penalties, or both.
§ You may not rent or lease the Software, but schools and libraries may lend the Software to third parties provided the Software is in CD format and each end user is given a copy of this License Agreement which will govern the use of such Software.
§ You may not modify, translate, reverse engineer, decompile, or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law.
§ You may not remove any proprietary notices or labels in the Software.
§ You may not copy the printed materials accompanying the Software or distribute printed copies of any user documentation provided in electronic format.
§ You may not publicly perform or publicly display the Software.
The restrictions contained herein apply equally to hybrid CD-ROMs which may contain multiple versions of the Software for use on different operating systems. Regardless of the type of media you receive, you
may use only the portion appropriate for your single-user computer on up to three (3) computers. In the event you fail to comply with any of the terms or conditions of this license, your rights to use the Software will end, you shall stop using the Software, remove the Software from all your computers, and permanently erase all copies of the Software. You may not export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
LIMITED WARRANTY
LIMITED WARRANTY. If you purchased this product direct from Encore via phone, website, or email, or from a retailer, Encore and its affiliates, suppliers and licensors warrant to the original installer of the Software, for a period of ninety (90) days from the date of purchase, that the media on which the Software is distributed is substantially free from defects in materials and workmanship. ANY AND ALL OTHER IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, neglect or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Except as set forth above, the Software is sold "as-is", without any express or implied warranties of any kind. If you purchased this product from a Encore-affiliated company, supplier, or reseller, you may need to contact such distributor for returns and warranty information.
REMEDIES. If you purchased this product direct from Encore via phone, website or email, or at a retail store, your exclusive remedy shall be, at Encore 's sole option, (a) the refund of the amount you paid for the Software or (b) repair or replacement of the Software, provided that the defective Software is returned to Encore along with proof of the date of purchase within ninety (90) days from the date of purchase. For details on how to return your purchase, please call Customer Support at (763) 450-2466. If you purchased this product from any other Encore distribution network partner, please call Customer Support at the number above for details on returns or replacement.
LIMITATION OF LIABILITIES. IN NO EVENT WILL ENCORE OR ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENCORE'S AND ITS AFFILIATES', SUPPLIERS' OR LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MISCELLANEOUS
Encore may cancel, change, modify, discontinue, terminate or charge a fee at any time for any reason for the online services advertised as part of this product. The links in the Software will allow third-party sites to be accessed. These linked sites are not under the control of Encore, and Encore is not responsible for the contents of any linked site, and any such inclusion of any link does not imply endorsement by Encore of such site.
No change or modification of the License will be valid unless it is in writing and is signed by Encore. The provisions of this Agreement are severable; if any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. If the Software was acquired outside the United States, then local law may apply.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and user documentation is provided with RESTRICTED RIGHTS AND LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.
CONDITIONS FOR USE
These are Conditions For Use of the Properties contained in the Software. If you do not accept these conditions and you are the original installer of the Software, you may promptly return the Software (including all printed materials) with proof of purchase to the place it was purchased for a full refund of the amount paid or store credit (as applicable). Encore hereby reserves the right to change or modify these Conditions For Use without notice in its sole discretion or to grant any permissions consistent therewith in its sole discretion.
All content contained in the Software, including, but not limited to characters, designs, text, photos, clip art, fonts, graphics, templates, sounds, videos and projects contained in the Software (the “Properties”) are either owned by or used under license by Bytes of Learning Incorporated, HMH or by Encore and are protected under trademark, copyright, and other applicable laws. Any and all unauthorized use of the Properties is strictly prohibited. You may not sell any Property or any item containing or carrying a copy of any Property. Subject to the restrictions described below, you may make copies of the Properties for use in home entertainment and projects, for educational purposes, in multimedia presentations, and other similar uses. For example, subject to the restrictions described below, you may use the Properties to create posters, stationery, greeting cards, signs, invitations, calendars, reports, catalogs, brochures and newsletters.
All rights in derivative works created by the use of a Property shall vest exclusively in Bytes of Learning Incorporated or its licensors, HMH or its licensors, or Encore or its licensors, as applicable.
Each authorized use of a Property must be accompanied by the following notice: “ <year> Bytes of Learning Inc., Encore Software, Inc. and its licensors. All rights reserved.”
YOU ARE NOT PERMITTED TO:
§ Use any images included in this product containing trademarks or logos of any third-party in any print or electronic media of an editorial, commercial, promotional, or corporate nature.
§ Resell or sublicense or distribute collections of the Properties including, for example, clip art collections, photo collections or stock collections.
§ Sell any item on which any Property is copied or otherwise printed.
§ Use any of the Properties as a logo, trademark or similar designation of your business.
§ Use any individual’s or entity’s name, likeness, and/or image in any manner which suggests the endorsement or association of any product or service. For example, you may use a photo of an animal in an advertisement, but you may not use the image of a person.
§ Use any Property in or to create any immoral, obscene or scandalous works.
§ Use any Property in electronic format, including on-line use, and multimedia applications, unless all of the following conditions are met:
The Properties are incorporated for viewing purposes only.
The Properties do not comprise a significant portion of the content of the proposed use.
A notice is included specifying that the Properties may not be saved or downloaded and are only to be used for viewing purposes.
The Properties are embedded at no higher than a base resolution of 512x768.
Encore Software, Inc.
Jul 2013