WHEN YOU OPENED THE SOFTWARE ENVELOPE YOU ACCEPTED THE TERMS OF THIS AGREEMENT.
Important: The CD contained in your software package indicates the number of computers for which your software is licensed. If you do not have access to your original CD, contact your software distributor or Key Curriculum Press to determine the type of license you hold. If you need to increase the number of computers for which you are authorized, contact your distributor or Key Curriculum Press to purchase a License Expansion.
KEY CURRICULUM PRESS means Key Curriculum Press, Inc., 1150 65th Street, Emeryville, CA 94608.
SOFTWARE means the computer program contained in this package and all updates to the program. The term also includes all copies of any part of the program, but does not include the data files that the program produces.
DOCUMENTATION means the reference material and other printed materials accompanying the Software.
PRODUCT means the Software and Documentation.
SCHOOL SITE means one school (elementary, middle, secondary, college, or university) at a single location.
The Product is owned by Key Curriculum Press, Inc., and is protected by United States copyright laws and international treaty provisions. Key Curriculum Press grants to you specific rights based on the type of package you have purchased. Not every software program produced by Key Curriculum Press is available in each package type. Package pricing and availability for Lab Packs and School Site/Network packages may vary based on size or type of institutional licenses. Contact Key Curriculum Press to determine the specific packages available for each software program.
Install and/or use the Software on a single computer and retain the original for archival purposes.
After written notification to Key Curriculum Press, transfer to another user the Product in its entirety on a permanent basis, provided you retain no copies, and provided the recipient agrees to the terms of this Agreement prior to the transfer. If you have received an update to the Software, any transfer must include the update and all prior versions of the Product.
You may not:
Use or install the Software on more computers than authorized.
Make copies of the Software.
Make copies of the Documentation.
Operate the Software over a computer network.
Rent, lease, or grant sublicenses or other rights in the Software.
Make alterations to, disassemble, decompile, or reverse-engineer any part of the Software.
To purchase a Student Package you must be a student enrolled in a school, college, university, adult-education program, or other learning institution. You may be required to show a valid student identification as proof of enrollment. If you are a student teacher using a Student Package, you may personally use the Software at a student-teaching site for purposes related to your own student teaching provided you do not leave the Software at the site for others to use.
Install and/or use the Software on the number of computers authorized for your Lab Pack and retain the original for archival purposes.
Install the Software on a compatible computer network system provided the distribution of the Software through the network does not cause it to be accessed from outside the above-specified Lab Pack or used by more computers than the number authorized for your Lab Pack.
After written notification to Key Curriculum Press, transfer to another user the Product in its entirety on a permanent basis, provided you retain no copies, and provided the recipient agrees to the terms of this Agreement prior to the transfer. If you have received an update to the Software, any transfer must include the update and all prior versions of the Product.
You may not:
Install or use the Software on more computers than authorized.
Make copies of the Software.
Make copies of the Documentation.
Rent, lease, or grant sublicenses or other rights in the Software.
Make alterations to, disassemble, decompile, or reverse-engineer any part of the Software.
Install and/or use the Software on the hard drives of computers at the single School Site listed on the original invoice for the School Site/Network Package authorized by your purchase. (To determine on how many computers you are authorized to use the Software at your School Site, you may contact Key Curriculum Press customer service at customer.service@keypress.com or at1-800-995-MATH.)
Install the Software on a compatible computer network system provided the distribution of the Software through the network does not cause it to be accessed from outside the above-specified School Site or used by more computers than the number authorized by your purchase.
Install the Software on computers solely for use at the above-specified School Site and not to be sold, loaned, leased, given, or otherwise transferred or used at any other location.
Make copies of the Documentation solely for use at the above-specified School Site.
Use or install the Software on the personal computers of faculty of the above-specified School Site as long as the Software is used solely for preparation for instruction at the School Site.
You may not:
Install or use the Software on more computers than authorized.
Assign your rights under this Agreement to a third party.
Rent, lease, or grant sublicenses or other rights in the Software.
Provide use of the Software in a service business, network, or multiple-user arrangement to users who are not employed, enrolled, or engaged in an educational program at the above-specified School Site.
Make alterations to, disassemble, decompile, or reverse-engineer any part of the Software.
This Agreement is effective from the date you receive the Product and shall remain in force until terminated. Failure to comply with any of the terms or conditions in this Agreement terminates your right to use the Product. Upon termination, you must immediately destroy the Product and any copies you have made, and you may terminate this Agreement at any time by doing so.
Key Curriculum Press warrants that the Software will perform substantially in accordance with the Documentation for a period of 90 days after delivery to you. You must report all defects, and return the Software to the place of purchase with a copy of the receipt within such period to be eligible for warranty service. If the Software fails to comply with this warranty, Key Curriculum Press or its authorized distributor will, at their option and cost, either provide all corrections required for any errors, replace the Software, or refund the license fee for the Software. Key Curriculum Press does not and cannot warrant the performance or results you may obtain by using the Software. The entire risk as to the results and performance of the Software is assumed by you. The foregoing states the sole and exclusive remedies Key Curriculum Press and its authorized distributors will provide for breach of warranty. These remedies are not available outside of the United States or Canada.
Except for the foregoing limited warranty, Key Curriculum Press makes no warranties express or implied as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. Key Curriculum Press' licensors makes no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the Software. Key Curriculum Press' licensors do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Software in terms of its correctness, accuracy, reliability, currentness, or otherwise.
The exclusion of implied warranties is not permitted by some jurisdictions. The above exclusion may not apply to you.
In no event will Key Curriculum Press, its distributors, or its licensors, and their directors, officers, employees, or agents (collectively Key Curriculum Press, its distributors, or its licensors) be liable to you for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Software even if Key Curriculum Press, its distributors, or its licensors have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Key Curriculum Press, its distributors, or its licensors' liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability, or otherwise), will be limited to $50.
No person or entity will export either directly or indirectly this product or direct Product thereof or any machine on which this Product is installed under circumstances requiring license from the United States government without first obtaining such license.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You agree that this is the complete and exclusive statement of the Agreement between us, which supersedes all proposals, oral or written, and all other communications between us relating to the subject matter of this Agreement. If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted. All other provisions shall remain in full force. This Agreement shall be governed by the laws of the State of California.