IMPORTANT-READ CAREFULLY BEFORE USING THIS PRODUCT
LICENSE AGREEMENT AND LIMITED WARRANTY
BY INSTALLING OR USING THE SOFTWARE OR OTHER ELECTRONIC CONTENT INCLUDED WITH THIS AGREEMENT YOU ACCEPT THE TERMS OF THIS LICENSE WITH MINDSCAPE, INC., A DIVISION OF THE LEARNING COMPANY ("MINDSCAPE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU ARE ALSO THE ORIGINAL LICENSEE OF THIS PRODUCT ("ORIGINAL LICENSEE"), PROMPTLY RETURN THE PRODUCT TOGETHER WITH ALL ACCOMPANYING ITEMS TO YOUR DEALER FOR A FULL REFUND. THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATING TO THIS PRODUCT AND SUPERSEDES ANY PURCHASE ORDER, COMMUNICATION, ADVERTISING OR REPRESENTATION CONCERNING THE PRODUCT. NO CHANGE OR MODIFICATION OF THIS LICENSE WILL BE VALID UNLESS IT IS IN WRITING AND IS SIGNED BY MINDSCAPE.
LIMITED USE LICENSE. Mindscape and its suppliers grant you the right to use one copy of the accompanying product (the "Program") for your personal use only. This license, and the restrictions in this agreement, cover both the computer programs ("Software") and the other electronic content ("Content") of the accompanying product. All rights not expressly granted are reserved by Mindscape or its suppliers. This License does not constitute a sale and does not authorize a sale of the Program or anything created thereby. You must treat the Program and associated materials and any elements thereof like any other copyrighted material (e.g., a book or musical recording). 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). In the event you fail to comply with any of the terms or conditions of this license, your rights to use the Program will end, you shall stop using the Program, remove the Program from your computer, and permanently erase all copies of the Program. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this license.
YOU MAY NOT:
* Use the Program or permit use of the Program on more than one computer, computer terminal or workstation at the same time.
* Make copies of the materials accompanying the Program or make copies of the Program or any part thereof.
* Except as permitted by the Program, copy the Program onto a hard drive or other device and you must run the Program from the CD-ROM (although the Program itself may copy a portion of the Program onto your hard drive during installation in order to run more efficiently).
* Use the Program or permit use of the Program in a network or other multi-user arrangement or on an electronic bulletin board system or other remote access arrangement, or store it in a retrieval system or translate it into any other language.
* Rent, lease, license or otherwise transfer this Program without the express written consent of Mindscape, except that you may transfer the complete Program copy and accompanying materials on a permanent basis, provided that no copies are retained and the recipient agrees to the terms of this Agreement.
* Reverse engineer, decompile, disassemble or create derivative works of the Software. YOU MAY NOT MODIFY, TRANSLATE, DISASSEMBLE OR DECOMPILE THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART.
* Publicly perform or publicly display this Program.
* Use any of the content for any commercial purposes or any purpose other than for incorporation into projects produced with the Software for home entertainment, personal and educational purposes except as outlined herein.
LIMITED WARRANTY. Mindscape warrants to the Original Licensee only, that the Program shall be substantially free from defects in materials and workmanship for ninety (90) days from the date of purchase. If within 90 days of purchase the media proves to be defective in any way, you may return the media to The Learning Company, Attn: Returns, 190 Parkway West, Duncan, SC 29334. Please include a copy of your sales receipt, packaging slip or invoice, along with a brief note of explanation as to why you are returning the Program.
EXCLUSIVE REMEDY. The Original Licensee's exclusive remedy for the breach of this License shall be, at Mindscape's option, either (a) the repair or replacement of the Program that does not meet Mindscape's Limited Warranty and which is returned to Mindscape with a copy of your receipt; or (b) a refund of the price, if any, which you paid for the Program and associated materials. This Limited Warranty is void if the failure of the Program has resulted from accident, abuse, misapplication or use of the Program with incompatible hardware.
NO OTHER WARRANTIES. MINDSCAPE, ITS PARENT COMPANY, AND ITS SUPPLIERS, IF ANY, DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PROGRAM AND ACCOMPANYING MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. DEPENDING UPON WHERE YOU LIVE, YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE/COUNTRY TO STATE/COUNTRY. MINDSCAPE WARRANTS ONLY THAT THE PROGRAM WILL PERFORM AS DESCRIBED IN THE USER DOCUMENTATION. NO OTHER ADVERTISING, DESCRIPTION OR REPRESENTATION, WHETHER MADE BY A MINDSCAPE DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE, SHALL BE BINDING UPON MINDSCAPE OR SHALL CHANGE THE TERMS OF THIS WARRANTY.
LIMITATIONS ON DAMAGES. IN NO EVENT SHALL MINDSCAPE, ITS PARENT COMPANY, OR ITS SUPPLIERS, IF ANY, BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM OR PROGRAM PACKAGE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THEY SHALL NOT BE RESPONSIBLE OR LIABLE FOR LOST PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY OTHER CAUSE. THEIR LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE PROGRAM. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation are provided with restricted 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. The Contractor/Manufacturer is Mindscape, Inc., 88 Rowland Way, Novato, CA 94945.
EXPORT RESTRICTIONS. You may not export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
MISCELLANEOUS PROVISIONS. If this Program was acquired outside the United States, then local law may apply. If you acquired this Software in Canada, you agree to the following: The parties to this License have expressly required that the License be drawn up in the English language/Les parties aux presentes ont expressement exige que la presente convention soient redigees en langue anglaise.
This License and your right to use the Program in any manner will terminate automatically if you violate or fail to comply with any part of this Agreement. Information in this Agreement is subject to change without notice and does not represent a commitment on the part of Mindscape, Inc. or The Learning Company.
