Important: Read carefully before using the software. By breaking the seal and/or using the software, you indicate your acceptance of the terms and conditions of the following Software License Agreement. Or, by clicking on the "Yes" button, you consent to be bound by and will become a party to this Agreement. If you do not agree to all of the terms of this Agreement, click the "No" button and the installation process will discontinue.
Software License Agreement. This Software License Agreement is a binding agreement between you (either an individual or an entity) and InterGO Communications, Inc. (formerly TeacherSoft, Inc., hereinafter "INTERGO"). By opening the sealed software and/or using the software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the unopened software package and the accompanying items to the place you obtained them for a full refund.
1. Grant of License. This License Agreement permits you to use one (1) copy of the INTERGO software program(s) included in this package (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. Also, installation on a network server for the sole purpose of internal distribution shall constitute "use" for which a separate license is required for each computer to which the SOFTWARE is distributed.
2. Copyright. The SOFTWARE (including any images, applets, photographs, animations, video, audio, music and text incorporated into the SOFTWARE) is owned by INTERGO or its suppliers and is protected by United States copyright laws and international treaty provisions and all other applicable national and international laws. Therefore, you must treat the SOFTWARE as any other copyrighted material (e.g., a book or musical recording) and, as such, you may not copy the SOFTWARE or the user documentation. You may, however, either (a) make one (1) copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.
3. Software Media. You may receive the SOFTWARE in disk media or on a CD-ROM or installed on the hard disk drive or ROM of your computer, or in multiple forms of media. Regardless of the number or type(s) of media you receive, you may use only the media appropriate for your single computer. You may not use the other media on another computer or loan, rent, lease, or transfer them to another user except as part of the permanent transfer (as provided below) of all SOFTWARE and user documentation.
4. Other Restrictions. You may not rent or lease the SOFTWARE to third parties, but you may transfer the SOFTWARE and any user documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
5A. Single-user Use. You may use the SOFTWARE on any computer as long as the SOFTWARE is used only on one computer at a time. Concurrent use of the SOFTWARE is not allowed under any circumstances.
5B. Network Use. If you have purchased the SOFTWARE specifically designed for use on a network, you may use the SOFTWARE on a multi-user network provided that (a) you do not simultaneously access the SOFTWARE on more workstations (or nodes) than were actually purchased by you; and (b) that you only run the SOFTWARE on one server at one location.
6. Trademarks. The SOFTWARE includes code produced by companies other than INTERGO. The following companies have copyrighted code blocks or trademarks: INSO Corporation, Johnson-Grace Company, and McAfee Associates.
7. Limited Warranty. We warrant to you that the media on which the SOFTWARE is recorded are free from defects in material or workmanship under normal use for a period of thirty (30) days from the date you first use any of the media. If you discover a defect in the media during the limited warranty period, you may return the media to your dealer for replacement without charge. This is the only remedy in the event of a defect.
8A. Disclaimer of Warranties and Liabilities. There are no warranties, either express or implied, for the SOFTWARE or documentation. INTERGO is licensing the SOFTWARE to you "AS IS." We expressly disclaim any warranty as to performance of the software or as to results you may obtain from it. We also expressly disclaim all other warranties including (without limitation) any implied warranty of merchantability and fitness for a particular purpose. Neither INTERGO nor its affiliates warrants that the service will be uninterrupted or error free or that any information, software or other material accessible via the software is free of viruses or other harmful components.
8B. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall INTERGO or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will INTERGO be liable for any damages in excess of INTERGO'S list price for a license to the SOFTWARE, even if INTERGO shall have been informed of the possibility of such damages, or for any claim by any other party. Some states do not allow the exclusion or limitation of implied warranties for incidental or consequential damages in which case the above exclusion and limitation may not apply to you.
8C. Internet Services. You understand that you may access the Internet in general through the SOFTWARE. You understand further that, except for information, products or services clearly identified as being supplied by INTERGO, neither INTERGO nor any of its affiliates operates or controls any information, products or services on the Internet in any way and that products or services, all merchandise, information and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with INTERGO or its affiliates. You assume total responsibility and risk for your use of the SOFTWARE and the Internet. Neither INTERGO nor its affiliates make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise, information, or
service provided through the SOFTWARE or on the Internet generally, and they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through the SOFTWARE or on the Internet generally.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. INTERGO has no control over and accepts no responsibility whatsoever for such materials.
9. Termination. This license will terminate automatically if you fail to comply with the terms of the Agreement including the limitations described above. On termination, you must destroy all copies of the Software.
10. Export Controls. None of the SOFTWARE or underlying information or technology may be downloaded or otherwise exported or reexported (a) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11A. Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Texas law as such law applies to agreements between Texas residents entered into and to be performed within Texas, except as governed by Federal law.
11B. Making Purchases Using the SOFTWARE. If you wish to make purchases using the SOFTWARE, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide any merchant or information or service provider for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information, and services set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases using the SOFTWARE.
