END USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS
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"SOFTWARE" IS DEFINED TO INCLUDE COMPUTER PROGRAMS INTENDED TO BE
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OTHER DATA DOWNLOADED OR STREAMED FROM AN INTERNET SOURCE.
"FIRMWARE" IS DEFINED TO INCLUDE COMPUTER PROGRAMS WHICH ARE
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LIMITATION, MICROCONTROLLER BITSTREAMS. THE SOFTWARE AND FIRMWARE
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to an authorized A+ TUTORSOFT INC. reseller, A+ TUTORSOFT INC.
hereby grants you, and you accept a nonexclusive license to use the
Software. Title and ownership of the Software and/or Documentation
remain with A+ TUTORSOFT INC. or its suppliers. A separate license
will be required in each country.
B. You may not decompile, reverse
engineer, modify, or copy the Software or Documentation for any
purpose. Any portion of the Software merged into or used in
conjunction with another program will continue to be the property of
A+ TUTORSOFT INC. and is subject to the terms and conditions of this
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to remove or conceal from view any copyright or trademark notice
appearing on the Software or Documentation, and to reproduce any
such copyright or trademark notice on all copies of the Software and
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hereunder and on all portions contained in or merged into other
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D. You may not transfer the Software and
this license to another party. If you transfer the Software and/or
documentation, you must at the same time either transfer all copies
whether in printed or machine-readable form, and the Machine, if
any, on which the Firmware is licensed for use, to the same party or
destroy any copies not transferred; this includes all modifications
and portions of the Software and/or contained or merged into other
YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE,
DOCUMENTATION OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE
OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE.
IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR
MERGED PORTION OF THE SOFTWARE OR DOCUMENTATION TO ANOTHER PARTY,
EXCEPT AS PROVIDED IN THIS SECTION D, YOUR LICENSE IS AUTOMATICALLY
This Agreement is effective upon your acceptance (as set forth
above) and shall continue until terminated. You may terminate this
license at any time by destroying the Software and Documentation
along with all copies, modifications and merged portions in any
form, and return the all items to A+ TUTORSOFT INC. or its
authorized resellers. It will also terminate upon conditions set
forth elsewhere in this Agreement if you fail to comply with any
term or condition of this Agreement. You agree upon such termination
to destroy the Software and Documentation together with all copies,
modifications and merged portions in any form, and to return all
items to A+ TUTORSOFT INC. or its authorized resellers.
During the period of your subscription after receipt of the Software
by you, as evidenced by a copy of your receipt, invoice or other
proof of purchase (the "Warranty Period"), A+ TUTORSOFT INC.
warrants, for your benefit alone, that the Software when properly
accessed, will perform substantially in conformance with the
Documentation provided by A+ TUTORSOFT INC. at the time you obtained
the Software and/or Documentation from A+ TUTORSOFT INC. or its
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE WARRANTIES
PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
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SUCH EXCLUSION IS NOT PERMITTED BY LAW, ALL IMPLIED WARRANTIES,
INCLUDING THOSE OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE, SHALL BE LIMITED TO THE WARRANTY PERIOD. THIS WARRANTY
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WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
A+ TUTORSOFT INC. does not warrant that the functions
contained in the Software or Documentation will meet your
requirements or that their operation will be uninterrupted or error
LIMITATIONS OF REMEDIES
A+ TUTORSOFT INC., its authorized resellers', and/or its suppliers'
entire liability and your exclusive remedies under this Agreement
are as follows:
(1) A+ TUTORSOFT INC. shall use commercially reasonable efforts to
correct any defect in the Software which is reported by you during
the Warranty Period in writing to A+ TUTORSOFT INC., provided such
defect can be recreated by A+ TUTORSOFT INC. in an unmodified
version of the Software.
IN NO EVENT WILL A+ TUTORSOFT INC., ITS AUTHORIZED RESELLERS,
OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND OR TYPE, INCLUDING, BUT NOT LIMITED TO LOSS OF
PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED
PRODUCT(S), OR COST OF SUBSTITUTED FACILITIES, PRODUCTS OR SERVICES
WHICH ARISE OUT OF A+ TUTORSOFT INC.' PERFORMANCE OR FAILURE TO
PERFORM ANY OBLIGATION CONTAINED WITHIN THIS AGREEMENT OR WITH USE,
OR INABILITY TO USE, SOFTWARE AND/OR FIRMWARE, WHETHER THE CLAIM FOR
DAMAGES IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE. EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR FOR
DAMAGE TO REAL OR TANGIBLE PROPERTY TO THE EXTENT CAUSED BY A+
TUTORSOFT INC.' FAULT OR NEGLIGENCE, A+ TUTORSOFT INC.' MAXIMUM
LIABILITY FOR ANY CLAIM FOR DAMAGES RELATING TO A+ TUTORSOFT INC.'
PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT SHALL BE LIMITED
TO THE LESSER OF (a) YOUR ACTUAL DAMAGES OR (b) THE COST OF THE
PRODUCT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You shall assume all responsibility for obtaining any required
export authorizations necessary to export any Software and/or
Documentation purchased hereunder. You shall not re-export Software
and/or Documentation directly or through others, or the product of
such data, to the prescribed countries for which such prohibition
exists pursuant to the U.S. export regulations unless properly
authorized by the appropriate government.
You may not sublicense, assign or transfer this license, Software or
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attempt otherwise to sublicense, assign or transfer any of the
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU
FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN YOU AND A+ TUTORSOFT INC. WHICH SUPERSEDES ANY
PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING (ORAL OR WRITTEN)
BETWEEN US RELATING TO THE SOFTWARE OR FIRMWARE.
NOTWITHSTANDING THE ABOVE, IF YOU PREVIOUSLY SIGNED A
SEPARATE AGREEMENT HAVING A SOFTWARE LICENSE PROVISION APPLICABLE TO
THIS PROGRAM, WHICH HAS NOT EXPIRED OR BEEN TERMINATED, THE TERMS
AND CONDITIONS OF SUCH SEPARATE AGREEMENT AND THE SOFTWARE LICENSE
CONTAINED THEREIN SHALL TAKE PRECEDENCE OVER ALL CONFLICTING TERMS
AND CONDITIONS, IF ANY, CONTAINED IN THIS LICENSE AGREEMENT.
OTHERWISE, ANY ADDITIONAL TERMS AND CONDITIONS SET FORTH IN THIS
LICENSE AGREEMENT SHALL SUPPLEMENT AND BE READ IN CONJUNCTION WITH
THE SOFTWARE LICENSE CONTAINED IN ANY SUCH SEPARATE AGREEMENT.