MathAid Probability and Statistics 25.63


EULA - End User License Agreement



MATHAID SOFTWARE LICENSE AGREEMENT

OFFLINE (DOWNLOAD/CDROM) LICENSE

IMPORTANT: Carefully read all terms and conditions before accepting
this license and using this product. Clicking the "Accept" button
indicates your acknowledgment that you have read this license and
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button.

By ordering or using a MathAid, LLC ("MathAid") software product
("PRODUCT"), you agree to become bound by the terms of this agreement.
If you do not agree to the terms of this agreement, you are expressly
prohibited from using or purchasing the PRODUCT.

The PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
You acknowledge that the PRODUCT is licensed to you and not sold.
Except for the license granted to you under this Agreement, you
further acknowledge and agree that all rights, titles, and interests
in and to the PRODUCT, including all associated intellectual property
rights, are and shall remain vested with MathAid.

License Grant and Restrictions

This agreement grants you the non-exclusive non-transferable license
to use the PRODUCT for any legal purpose.

There are 2 basic types of licenses issued for the PRODUCT, these are:

1. A SINGLE USER LICENSE permits you to use the PRODUCT on only one
computer at a time.

2. A MULTIPLE USER LICENSE permits you to use the PRODUCT on an
unlimited number of computers at the same physical site location. The
site location would normally be defined as a single building.

You are permitted to copy the PRODUCT as a backup and/or to supply to
the other licensed users, provided that every copy must includes all
the original PRODUCT's proprietary notices.

This license does not permit you to and you may not:

- modify, translate, reverse engineer, decompile, disassemble or
create derivative works based on the PRODUCT;

- rent, lease, lend, resell, relicense or otherwise transfer rights to
the PRODUCT;

- remove any proprietary notices or labels from the PRODUCT.

Any use of the PRODUCT not expressly authorized in this paragraph is
expressly prohibited.

System Requirements

Hardware and software to be used to access and use the PRODUCT must
meet certain requirements. You acknowledge that you have had the
opportunity to read and understand the system requirements with which
your hardware and software must comply in order to be compatible with
the PRODUCT.

The condition, repair, and compatibility of your hardware and software
is your sole responsibility. MathAid shall not be responsible for any
defects, malfunctions, or other problems that may arise in your use of
your hardware or software.

Term

This Agreement is in effect until terminated. You may terminate it at
any time by destroying the PRODUCT and all backup copies thereof. It
will also terminate upon conditions set forth elsewhere in this
Agreement or if you fail to comply with any term or conditions of this
Agreement. You agree upon such termination to destroy the PRODUCT and
all backup copies thereof.

Limited Warranty

THE PRODUCT IS DISTRIBUTED "AS-IS". NO WARRANTY OF ANY KIND IS
EXPRESSED OR IMPLIED. YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK.
MATHAID WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR
ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THE PRODUCT.

Specifically, MathAid makes no representation or warranty that the
PRODUCT is error-free or meet any user's particular standards,
requirements or needs.

In all events, any implied warranty, representation or condition, or
other term is limited to the physical media and is limited to the 30
day duration of the limited warranty. If a defect in the media
appears, you may return the complete package, shipping pre-paid by
you, with your purchase receipt to MathAid for a replacement of the
software. ANY LIABILITY OF MATHAID WILL BE LIMITED EXCLUSIVELY TO
PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

General Provisions

If any remedy provided is determined to have failed of its essential
purpose, all limitations of liability and exclusions of damages set
forth in the limited warranty shall remain in effect. Use duplication
or disclosure of the software and documentation by the U.S. Government
is subject to the restricted rights applicable to commercial computer
software (under FAR 52.227-19 and DFARS 252.227-7013).

This Agreement shall be construed, interpreted and governed by the
laws of the State of Pennsylvania. MathAid reserves all rights not
specifically granted in this statement.

Severability

Should any term, provision or clause hereof be held to be invalid,
such invalidity shall not affect any other provisions or clauses
hereof which can be given effect without such invalid provision, all
of which shall remain in full force and effect.

Applicable Law and Jurisdiction

This Agreement was made and entered into by the parties in whole or in
part in Pennsylvania, and for the purposes of any action which may be
instituted hereunder, the exclusive jurisdiction and venue for any
such action shall be in the Court of Common Pleas of Philadelphia
County, Pennsylvania. To the extent that MathAid is required to
enforce any of its rights hereunder through litigation, MathAid shall
be entitled to be reimbursed its attorneys' fees (not to exceed
$250.00 per hour) as well as any other costs related thereto,
regardless of outcome. The Agreement shall be subject to and governed
by the laws of the Commonwealth of Pennsylvania, irrespective of the
fact that one or more of the parties may be a resident of a different
state.

Waivers

The waiver by any party hereto and any breach, default,
misrepresentation or breach of warranty or covenant herein, whether
intentional or not, shall be in writing and not deemed to extend to
any prior or subsequent breach, default, misrepresentation or breach
of warranty or covenant herein and shall not affect in any way rights
arising by virtue of any such prior or subsequent occurrence.

Entire Agreement

This Agreement constitutes the entire agreement between you and
MathAid and supersedes any prior agreements, representations,
proposals or understandings, whether oral or written, with respect to
the subject matter of this Agreement.

Copyright (c) 1998-2006 MathAid, LLC. All rights reserved.



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