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END USER LICENSE AGREEMENT
IMPORTANT: Please read the terms of the following End User License Agreement ("Agreement") carefully. Mavis Beacon is a registered trademark of HMH Consumer Company Limited licensed to Encore Software, LLC. This Agreement is between you and Encore Software, LLC ("Encore"). By downloading, installing, or using the Mavis Beacon Teaches Typing Software accompanying this Agreement, or any portion thereof, you are agreeing to be bound by the following terms and conditions. If you do not agree with the terms and conditions of this Agreement, you should promptly return the Software to where you purchased it and your money will be refunded. If you do agree with the terms and conditions, please retain this Agreement for future reference.
Article 1: License Grant
The Encore software accompanying this Agreement ("Software") is the intellectual property of Encore and its licensors and is protected by state and federal law, including United States copyright laws and international treaties. The Software is made available to you for your individual use only. It may be used for personal or professional purposes. Encore grants to you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the object code of the Software on a single machine and to make a single copy of the Software for backup purposes only. For example, in the case of a hard drive crash, where the initial installation is no longer working or available to you. If you have received at no cost or have purchased an Educational license version of the Mavis Beacon Teaches Typing Software, this license may not be used for commercial purposes.
Article 2: Restrictions
You acknowledge and agree that the Software contains copyrighted material, trade secrets, and other proprietary material, and that Encore owns all right, title and interest in and to the Software, including without limitation all intellectual property rights therein and thereto. In order to protect them, and except as permitted by applicable legislation and except as expressly provided for in this Agreement, you may not, and will not permit any third party to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software, or transfer this Software. You may also not network, rent, lend, loan, distribute or electronically transmit the Software from one computer to another or over a network. You may not sub-license, assign, or transfer the license or the Software except as expressly provided in this Agreement. Any attempt otherwise to sub-license, assign, or transfer any of the rights, duties, or obligations hereunder is void.
Article 3: Term
This Agreement is effective until terminated. You may terminate the license granted by this Agreement at any time by destroying the Software together with all copies thereof. Your rights automatically and immediately terminate without notice from Encore if you fail to comply with any of the terms and conditions of this Agreement. You agree, upon such termination of the license for any reason, to delete and destroy the Software together with all copies thereof.
Article 4: Export Law Assurance
You agree and certify that neither the Software, nor any other technical data, if any, received from Encore, nor the direct product(s) thereof, will be exported outside the United States, except as authorized and permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data, if any, received from Encore, nor the direct product(s) thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
Article 5: Government End Users
The Software and any related documentation are deemed "commercial computer software" and "commercial computer software documentation," respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplements thereto. If the user of the Software is an agency, department, employee, or other entity of the U.S. Government, the use, duplication, release, modification, or transfer of the Software, including its technical data or manuals, are restricted by the terms and conditions of this Agreement. Use of the Software is further restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies.
Article 6: Limited Warranty on Media
Encore warrants the tangible media on which the Software is recorded if any is included with this product, to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt. Encore also warrants that to the best of its knowledge, both the tangible media on which the Software is recorded, as well as the files which encompass the electronic, downloadable version of the software, are free from malware and computer viruses. Encore's entire liability and your exclusive remedy will be the replacement of the media not meeting Encore's limited warranty and which is returned to Encore or an Encore authorized representative with a copy of the receipt. Encore will have no responsibility to replace media damaged by accident, abuse, or misapplication. ANY IMPLIED WARRANTIES ON THE TANGIBLE MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY, WITH RESPECT TO THE TANGIBLE MEDIA, GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
Article 7: Disclaimer of Warranties and Limitation on Liability and Damages; Indemnity
YOU UNDERSTAND AND AGREE THAT ENCORE IS MAKING NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE ERROR OR BUG-FREE, REGARDING THE SECURITY, RELIABILITY OR PERFORMANCE OF THE SOFTWARE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, ENCORE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. YOU CAN RECOVER FROM ENCORE AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES. This limitation applies to, among other things, claims for breach of contract, breach of warranty, guarantee, or condition, strict liability, negligence, or other torts to the extent permitted by law, even if repair, replacement, or a refund for the software does not fully compensate you for any losses, or Encore knew or should have known about the possibility of the damages. Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Therefore, only those above limitations which are lawful in your jurisdiction will apply to you, and Encore’s liability will be limited to the maximum extent permitted by law. You agree to hold harmless and indemnify Encore and its affiliates, officers, agents, and employees from and against any claim, suit, or action arising from or in any way related to your use of the Software or your violation of the terms and conditions of this Agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In any such event, Encore will provide you with written notice of such claim, suit, or action which comes to its attention.
Article 8: License Key Required for Activation
Many of the software programs Encore produces contain a license key, designed, in part, to prevent the unlicensed or illegal use of the software. Software using this license key system contains technology that limits the ability to install and uninstall the software on a computer to not more than a finite number of times for a finite number of computers. The license key also includes a security mechanism that can detect the use of unauthorized copies of the Software. If such unauthorized use is detected, Encore may disable your license, which will render the Software inoperable. When you run the Software for the first time, the license key requires an Internet connection in order to activate the Software. In the event that you are not able to activate the Software over the Internet, you may contact Encore Customer Service via the telephone or email in order to complete the activation process, using the information provided by Encore during activation, or as may be set forth in the documentation accompanying the software. Information collected by Encore in connection with your use of the Software may be stored and processed wherever Encore or its agents maintain facilities. Accordingly, by using the Software you consent to any transfer of such information outside your country. You acknowledge and agree that Encore may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: satisfy any applicable law, regulation, legal process, or governmental request; enforce the terms and conditions of this Agreement; detect, prevent, or otherwise address fraud, security or technical issues; respond to user support requests; or protect the rights, property, or safety of Encore and the public. Encore will not be responsible or liable for the exercise or non-exercise of rights under this Agreement.
Article 9: Support
Although you may have purchased a perpetual license to the Software, support for the Software is not perpetual. Rather, support is included for free for the first six (6) months from the date of your Software. Thereafter, Support plans may be purchased from Encore. Please visit Broderbund.com or Encore.com for details of Encore’s Paid Support plans.
Article 10: General
This Agreement will be governed by the laws of the State of California, without regard to its conflict of law provisions, and you and Encore agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Encore. The failure of Encore to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. The provisions of Articles 2, 3, 5, 6, 7, 8, 9, and 10 shall survive any termination or expiration of this Agreement.
© 2021 Encore Software, LLC. All rights reserved. Encore and the Encore logo are trademarks or registered trademarks of Encore Software, LLC in the U.S. and other countries. Mavis Beacon and Broderbund are registered trademarks of HMH Consumer Company Limited. All other trademarks are the property of their respective owners.
IMPORTANT: Please read the terms of the following End User License Agreement ("Agreement") carefully. Mavis Beacon is a registered trademark of HMH Consumer Company Limited licensed to Encore Software, LLC. This Agreement is between you and Encore Software, LLC ("Encore"). By downloading, installing, or using the Mavis Beacon Teaches Typing Software accompanying this Agreement, or any portion thereof, you are agreeing to be bound by the following terms and conditions. If you do not agree with the terms and conditions of this Agreement, you should promptly return the Software to where you purchased it and your money will be refunded. If you do agree with the terms and conditions, please retain this Agreement for future reference.
Article 1: License Grant
The Encore software accompanying this Agreement ("Software") is the intellectual property of Encore and its licensors and is protected by state and federal law, including United States copyright laws and international treaties. The Software is made available to you for your individual use only. It may be used for personal or professional purposes. Encore grants to you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the object code of the Software on a single machine and to make a single copy of the Software for backup purposes only. For example, in the case of a hard drive crash, where the initial installation is no longer working or available to you. If you have received at no cost or have purchased an Educational license version of the Mavis Beacon Teaches Typing Software, this license may not be used for commercial purposes.
Article 2: Restrictions
You acknowledge and agree that the Software contains copyrighted material, trade secrets, and other proprietary material, and that Encore owns all right, title and interest in and to the Software, including without limitation all intellectual property rights therein and thereto. In order to protect them, and except as permitted by applicable legislation and except as expressly provided for in this Agreement, you may not, and will not permit any third party to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software, or transfer this Software. You may also not network, rent, lend, loan, distribute or electronically transmit the Software from one computer to another or over a network. You may not sub-license, assign, or transfer the license or the Software except as expressly provided in this Agreement. Any attempt otherwise to sub-license, assign, or transfer any of the rights, duties, or obligations hereunder is void.
Article 3: Term
This Agreement is effective until terminated. You may terminate the license granted by this Agreement at any time by destroying the Software together with all copies thereof. Your rights automatically and immediately terminate without notice from Encore if you fail to comply with any of the terms and conditions of this Agreement. You agree, upon such termination of the license for any reason, to delete and destroy the Software together with all copies thereof.
Article 4: Export Law Assurance
You agree and certify that neither the Software, nor any other technical data, if any, received from Encore, nor the direct product(s) thereof, will be exported outside the United States, except as authorized and permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data, if any, received from Encore, nor the direct product(s) thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
Article 5: Government End Users
The Software and any related documentation are deemed "commercial computer software" and "commercial computer software documentation," respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplements thereto. If the user of the Software is an agency, department, employee, or other entity of the U.S. Government, the use, duplication, release, modification, or transfer of the Software, including its technical data or manuals, are restricted by the terms and conditions of this Agreement. Use of the Software is further restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies.
Article 6: Limited Warranty on Media
Encore warrants the tangible media on which the Software is recorded if any is included with this product, to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt. Encore also warrants that to the best of its knowledge, both the tangible media on which the Software is recorded, as well as the files which encompass the electronic, downloadable version of the software, are free from malware and computer viruses. Encore's entire liability and your exclusive remedy will be the replacement of the media not meeting Encore's limited warranty and which is returned to Encore or an Encore authorized representative with a copy of the receipt. Encore will have no responsibility to replace media damaged by accident, abuse, or misapplication. ANY IMPLIED WARRANTIES ON THE TANGIBLE MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY, WITH RESPECT TO THE TANGIBLE MEDIA, GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
Article 7: Disclaimer of Warranties and Limitation on Liability and Damages; Indemnity
YOU UNDERSTAND AND AGREE THAT ENCORE IS MAKING NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE ERROR OR BUG-FREE, REGARDING THE SECURITY, RELIABILITY OR PERFORMANCE OF THE SOFTWARE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, ENCORE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. YOU CAN RECOVER FROM ENCORE AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES. This limitation applies to, among other things, claims for breach of contract, breach of warranty, guarantee, or condition, strict liability, negligence, or other torts to the extent permitted by law, even if repair, replacement, or a refund for the software does not fully compensate you for any losses, or Encore knew or should have known about the possibility of the damages. Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Therefore, only those above limitations which are lawful in your jurisdiction will apply to you, and Encore’s liability will be limited to the maximum extent permitted by law. You agree to hold harmless and indemnify Encore and its affiliates, officers, agents, and employees from and against any claim, suit, or action arising from or in any way related to your use of the Software or your violation of the terms and conditions of this Agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In any such event, Encore will provide you with written notice of such claim, suit, or action which comes to its attention.
Article 8: License Key Required for Activation
Many of the software programs Encore produces contain a license key, designed, in part, to prevent the unlicensed or illegal use of the software. Software using this license key system contains technology that limits the ability to install and uninstall the software on a computer to not more than a finite number of times for a finite number of computers. The license key also includes a security mechanism that can detect the use of unauthorized copies of the Software. If such unauthorized use is detected, Encore may disable your license, which will render the Software inoperable. When you run the Software for the first time, the license key requires an Internet connection in order to activate the Software. In the event that you are not able to activate the Software over the Internet, you may contact Encore Customer Service via the telephone or email in order to complete the activation process, using the information provided by Encore during activation, or as may be set forth in the documentation accompanying the software. Information collected by Encore in connection with your use of the Software may be stored and processed wherever Encore or its agents maintain facilities. Accordingly, by using the Software you consent to any transfer of such information outside your country. You acknowledge and agree that Encore may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: satisfy any applicable law, regulation, legal process, or governmental request; enforce the terms and conditions of this Agreement; detect, prevent, or otherwise address fraud, security or technical issues; respond to user support requests; or protect the rights, property, or safety of Encore and the public. Encore will not be responsible or liable for the exercise or non-exercise of rights under this Agreement.
Article 9: Support
Although you may have purchased a perpetual license to the Software, support for the Software is not perpetual. Rather, support is included for free for the first six (6) months from the date of your Software. Thereafter, Support plans may be purchased from Encore. Please visit Broderbund.com or Encore.com for details of Encore’s Paid Support plans.
Article 10: General
This Agreement will be governed by the laws of the State of California, without regard to its conflict of law provisions, and you and Encore agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Encore. The failure of Encore to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. The provisions of Articles 2, 3, 5, 6, 7, 8, 9, and 10 shall survive any termination or expiration of this Agreement.
© 2021 Encore Software, LLC. All rights reserved. Encore and the Encore logo are trademarks or registered trademarks of Encore Software, LLC in the U.S. and other countries. Mavis Beacon and Broderbund are registered trademarks of HMH Consumer Company Limited. All other trademarks are the property of their respective owners.