BY INSTALLING THE SOFTWARE ON THIS CD-ROM YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THE FOLLOWING LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY WITHIN FIFTEEN (15) DAYS, RETURN THE SOFTWARE INCLUDING THE UNOPENED CD-ROM DISC.
LICENSE GRANT:
This is a license, not a sales agreement. Cognitive Technologies Corporation (CTC) hereby grants you a non-exclusive, non-transferable license to use the enclosed CD-ROM package, instructional material, and software (the "Software"). The license is granted on the basis of a single user (the "User") using the software at only one computer. Modifying, translating, reverse engineering, decompiling or disassembling the Software: renting, copying, duplication, transferring, or assigning all or part of the Software, or any rights granted hereunder to any other person or entity and removing any proprietary notices, labels, or marks from the Software without CTC's prior written consent is STRICTLY PROHIBITED. Furthermore you agree not to create derivative works based on or to copy the Software.
Ownership in and to the Software, remains with CTC and is protected by copyright and trademark laws. Any failure to comply with the above terms and conditions will result in automatic termination of this license and reversion on the rights granted herein to CTC. Unauthorized reproduction of the Software, by any means electronic or otherwise, constitutes copyright infringement punishable by civil and criminal action in most countries. CTC WILL PROSECUTE ALL INFRINGES OF ITS RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SOFTWARE LIMITED WARRANTY:
The Software and documentation is provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Software is with you, and you assume all the cost of all necessary servicing, repair, or correction.
CTC warrants that the media (CD-ROM) in which the Software is furnished is free from any physical defects under normal use for a period of sixty(60) days from the date of purchase. Any other software and any hardware furnished with or accompanying the Software is not warranted by CTC.
CTC's entire liability and your only remedy under this warranty (which is subject to your returning the Software to CTC with a copy of your purchase receipt) will be to attempt to correct the errors which CTC believes are causing the defect or to replace the Software with functionally equivalent software, whichever CTC at its sole discretion shall decide.
CTC does not warrant that the Software functions contained in the Software will meet your requirements or that the Software will be uninterrupted or error free.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL CTC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGE OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF CTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CTC'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU.
CTC does not warrant or represent the accuracy, reliability or correctness of any information contained in or derived from the Software and shall not be liable for any damage resulting from any reliance on the Software.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights. You may also have other legal rights which vary from state to state.
GENERAL:
This license will be governed by the state of Maryland and the parties hereto submit to its jurisdiction. This license is the entire license between us and supersedes any other communications or advertising with respect to the Software. If any provisions of this Agreement are held invalid, the remainder of the agreement shall be held in full force and effect. If you have any question please contact Cognitive Technologies Corporation Customer Service at (800) 335-0781.
YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
