LICENSE AGREEMENT AND LIMITED WARRANTY
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE OPENING THIS CD PACKAGE. THIS LEGAL DOCUMENT IS AN AGREEMENT BETWEEN YOU AND PRENTICE-HALL, INC. (THE "COMPANY"). BY OPENING THIS SEALED CD PACKAGE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT OPEN THE CD PACKAGE. PROMPTLY RETURN THE UNOPENED CD PACKAGE AND ALL ACCOMPANYING ITEMS TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND OF ANY SUMS YOU HAVE PAID.
1.GRANT OF LICENSE: In consideration of your purchase of this book, and your agreement to abide by the terms and conditions of this Agreement, the Company grants to you a nonexclusive right to use and display the copy of the enclosed software program (hereinafter the "SOFTWARE") on a single computer (i.e., with a single CPU) at a single location so long as you comply with the terms of this Agreement. The Company reserves all rights not expressly granted to you under this Agreement.
2. OWNERSHIP OF SOFTWARE: You own only the magnetic or physical media (the enclosed CD) on which the SOFTWARE is recorded or fixed, but the Company and the software developers retain all the rights, title, and ownership to the SOFTWARE recorded on the original CD copy(ies) and all subsequent copies of the SOFTWARE, regardless of the form or media on which the original or other copies may exist. This license is not a sale of the original SOFTWARE or any copy to you.
3. COPY RESTRICTIONS: This SOFTWARE and the accompanying printed materials and user manual (the "Documentation") are the subject of copyright. You may not copy the Documentation or the SOFTWARE, except that you may make a single copy of the SOFTWARE for backup or archival purposes only. You may be held legally responsible for any copying or copyright infringement which is caused or encouraged by your failure to abide by the terms of this restriction.
4. USE RESTRICTIONS: You may not network the SOFTWARE or otherwise use it on more than one computer or computer terminal at the same time. You may physically transfer the SOFTWARE from one computer to another provided that the SOFTWARE is used on only one computer at a time. You may not distribute copies of the SOFTWARE or Documentation to others. You may not reverse engineer, disassemble, decompile, modify, adapt, translate, or create derivative works based on the SOFTWARE or the Documentation without the prior written consent of the Company.
5. TRANSFER RESTRICTIONS: The enclosed SOFTWARE is licensed only to you and may not be transferred to any one else without the prior written consent of the Company. Any unauthorized transfer of the SOFTWARE shall result in the immediate termination of this Agreement.
6. TERMINATION: This license is effective until terminated. This license will terminate automatically without notice from the Company and become null and void if you fail to comply with any provisions or limitations of this license. Upon termination, you shall destroy the Documentation and all copies of the SOFTWARE. All provisions of this Agreement as to warranties, limitation of liability, remedies or damages, and our ownership rights shall survive termination.
7. MISCELLANEOUS: This Agreement shall be construed in accordance with the laws of the United States of America and the State of New York and shall benefit the Company, its affiliates, and assignees.
8. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY: The Company warrants that the SOFTWARE, when properly used in accordance with the Documentation, will operate in substantial conformity with the description of the SOFTWARE set forth in the Documentation. The Company does not warrant that the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error-free. The Company warrants that the media on which the SOFTWARE is delivered shall be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of your purchase. Your only remedy and the Company's only obligation under these limited warranties is, at the Company's option, return of the warranted item for a refund of any amounts paid by you or replacement of the item. Any replacement of SOFTWARE or media under the warranties shall not extend the original warranty period. The limited warranty set forth above shall not apply to any SOFTWARE which the Company determines in good faith has been subject to misuse, neglect, improper installation, repair, alteration, or damage by you. EXCEPT FOR THE EXPRESSED WARRANTIES SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
IN NO EVENT, SHALL THE COMPANY OR ITS EMPLOYEES, AGENTS, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT, OR FOR LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR OTHER LOSSES, SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT ALWAYS APPLY. THE WARRANTIES IN THIS AGREEMENT GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY IN ACCORDANCE WITH LOCAL LAW.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL, OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY OR ANY REPRESENTATIVE OF THE COMPANY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Should you have any questions concerning this Agreement or if you wish to contact the Company for any reason, please contact in writing at the address below.
Prentice Hall PTR
One Lake Street
Upper Saddle River, New Jersey 07458