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License and Limited Warranty Agreement

Essentials of Interactive Physiology

Warning: Pearson Education, publishing as Benjamin Cummings and adam.com® are willing to license the enclosed software to you only upon the condition that you accept all of the terms contained in this License and Limited Warranty Agreement.

CAREFULLY READ THIS LICENSE AND LIMITED WARRANTY AGREEMENT (this "Agreement") BEFORE YOU OPEN THIS PACKAGE AND USE THIS PRODUCT AS OPENING THE PACKAGE WILL INDICATE YOUR ASSENT TO THE TERMS OF

THIS AGREEMENT. This is a legal agreement between you (an individual) and Pearson Education publishing as Benjamin Cummings and adam.com® (hereinafter called "PUBLISHERS"). By using this product you agree to be bound by this Agreement. If you do

not agree to the terms of this Agreement, do not use the Product.

DEFINITIONS

The following definitions apply to the terms as they appear in this Agreement:

LICENSE

You are obtaining limited rights to use the Product subject to the terms of this Agreement. PUBLISHERS or the licensors retain ownership of (i) the Product and (ii) any intellectual properties related to the Product.

PERMITTED USES OF THE PROGRAM

PUBLISHERS grant You a personal, nonexclusive, nontransferable and nonassignable limited license to use the Program as follows. You may: make a copy of the Program on a storage device solely for execution on one computer at a time of the type identified in the

documentation contained in the Product for use by a single user for Your educational use only; load a copy of the Program in the memory of one computer for use with that computer by one person at a time; and, make a copy of the Program for archival purposes only.

PROHIBITED USES

You may not use, copy, modify, or distribute the Programs, PUBLISHERS’ Content, or documentation contained in this Product except as expressly described in this Agreement or permitted in writing signed by an authorized representative of PUBLISHERS. Without limiting the generality of the foregoing statement, You may not:

TERMINATION

This Agreement and Your rights to use the Product terminate automatically if You violate any part of this Agreement. In the event of termination, You must immediately destroy all copies of the Product or return the Product Pearson Education publishing as Benjamin Cummings or adam.com® including all copies of the Programs made by You, as permitted hereunder.

LIMITED WARRANTY

PUBLISHERS warrant that, upon delivery by PUBLISHERS the media on which the Product is distributed will be free from defects in materials and workmanship and the Programs will substantially conform to published specifications and to the documentation, provided

Programs are used on the computer hardware and with the operating systems for which they were designed. If the Product fails to comply with these limited warranties, PUBLISHERS will replace the media or, at PUBLISHERS’ option, make a reasonable effort to correct any

noncomformities in the Programs. You must, however, return Your original media, along with a copy of Your paid invoice, to PUBLISHERS or their authorized representative within 90 days of the date You purchased the Product. If PUBLISHERS are unable to correct defective media or nonconformities in the Programs, PUBLISHERS will refund the price You paid for this Product. The refund will fully satisfy all of Your claims under this limited warranty. This limited warranty shall continue for any replacement Product for the rest of the original 90-day warranty period or for 30 days from the date You receive the replacement, whichever is longer. PUBLISHERS’ liability to You for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the money paid for the Product.

PUBLISHERS do not warrant that the Product is free from all errors and omissions or that the functions contained in the product will meet Your requirements. PUBLISHERS do not warrant that PUBLISHERS Content meets any particular standard.

The limited warranty is void if failure of product has resulted from modification, accident, abuse, or misapplication.

EXCEPT AS SPECIFICALLY SET FORTH ABOVE, PUBLISHERS AND THE LICENSORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

EXCEPT AS SPECIFICALLY SET FORTH ABOVE, PUBLISHERS AND THE LICENSORS WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EITHER DIRECT OR INDIRECTLY INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, INCOME OR USE DATA. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE LIMITATIONS SET IN THIS AGREEMENT MAY NOT APPLY TO YOU.

GENERAL

This Agreement constitutes the entire agreement and supersedes any prior agreement between PUBLISHERS and You concerning the Product. PUBLISHERS are not bound by any provision of any purchase order, or other document, unless PUBLISHERS specifically amend

this Agreement. This Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized corporate officer of PUBLISHERS. This Agreement is governed by the laws of the State of California, without regard to conflict of law principle.