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ATTENTION: THIS IS A LICENSE; THIS IS NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT, AND CONTAINS LIMITATIONS ON WARRANTIES AND OR REMEDIES.
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, RETURN THE PRODUCT COMPLETE TO BOB BALLEW & ASSOCIATES, L.L.C., D.B.A. - PANTHER CITY SOFTWARE, WITH YOUR ORIGINAL RECEIPT, OR TO THE PLACE OF PURCHASE WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT, FOR A FULL REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
A. LICENSE: BOB BALLEW & ASSOCIATES, L.L.C., D.B.A. - PANTHER CITY SOFTWARE ("BBA", "PCS", "our", "we" or "us") provides you with storage media containing a computer program (the "Program"), user manual, License (the "License"), registration card and accompanying documents (separately and together called the "Product") and grants you a license to use the Product in accordance with the terms of this License. The copyright and all other rights in the Product shall remain with us. You must reproduce any copyright or other notice marked on the Product on all copies you make.
B. YOU MAY:
develop, create, and author your own original tests using The Test-It Series® or any part thereof;
transfer, duplicate or copy Study-It® and Test-It® to a disk or CD containing your original tests (hereinafter also referred to as "the product of our Product") so that your test may be studied, reviewed, administered or taken on a computer station that is not licensed under this software license.
sell, give, donate, or otherwise distribute your original test with our Product and its intended features as an operational "engine" on your product.
use the The Test-It Series® test creation and test changing applications only on a single computer or network, and only by a single user at a time, regardless of the number of original copies of the Program included with the Product. If you wish to use the Program for more users, you will need a further license for each user:
make one copy of the Program for archive or back-up purposes.
transfer the Program to someone else only if you assign all of your rights under this License, cease all use of the Program, erase, delete and destroy any copy (including the hard disk copy) made in support of your use of the Program, and the other person agrees to the terms of this License.
if the Product is an upgrade from another Product, whether from us or another supplier, you may use or transfer the product only in conjunction with the upgraded Product, unless you destroy it. If the Product is an upgrade from one of our Product, you may only use that upgraded Product in accordance with this License.
C. YOU MAY NOT:
use the Product or make copies of it except as permitted in this License;
create scandalous, obscene, or immoral works using this software as a vehicle;
copy, publish, or distribute the computer program or code titled Make-It® or Change-It® except as specifically permitted in other parts of this license;
use any of the computer screens related to identifiable entities in a manner which suggests their association with or endorsement of any product or service;
translate, reverse engineer, decompile or disassemble the Program, except to the extent the foregoing restriction is expressly prohibited by applicable law;
rent, lease, assign or transfer the Product except as set out above; or
modify our Product or merge our product in another program.
modify or obscure our Trademark labels or copyright claims or claim of ownership of any part of this Product in any manner. Your right to use and redistribute the resulting product of our Product is conveyed under this license agreement and is only valid as long as (A) this license is valid and (B) Licensee is in compliance with each and every term of this agreement and the spirit of this agreement.
D. TERM: This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its term or conditions. You agree, upon termination, to destroy all copies of the product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
E. WARRANTY: We warrant that the storage media in this product will be free from defects in materials and workmanship for 90 days from the date you acquire it. If such a defect occurs, return it to us at the address below and we will replace it free. This remedy is your exclusive remedy for breach of this warranty. It gives you certain rights and you may have other legislated rights which vary from jurisdiction to jurisdiction.
F. LIMITATION OF WARRANTIES AND LIABILITY: except for the express warranty above, the Product is provided on an "as is" basis, without any other warranties, or conditions, express or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose or those arising by law, statute, usage of trade or course of dealing. The entire risk as to the results and performance of the Product is assumed by you. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages or they are foreseeable; or for claims by a third party. Our maximum aggregate liability to you, and that of our dealers and suppliers shall not exceed the amount paid by you for the Product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to you.
G. RESTRICTED RIGHTS: If this Product is acquired by or for the U.S. Government then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(I)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. or subparagraphs (c)(l) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. Contractor / manufacturer Bob Ballew & Associates, L.L.C. dba - Panther City Software, 3101 Softwind Trail, Fort Worth, Texas 76116-4730.
H. GENERAL: This License "shall be" the entire agreement between us, supersedes any other agreement or discussions, oral or written and may not be changed except by a prior written agreement approved in writing by an officer of our company duly empowered to enter such an agreement. This License shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the License and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English.
I. NOTICE: All correspondence to the Licensor will be directed to:
d.b.a. - Panther City Software 3101 Softwind Trail Fort Worth, Texas 76116-4730 1995 - 2002 © Bob Ballew & Associates, L.L.C. dba - Panther City Software. All rights reserved. Windows3.1, -95, -98, -2000, -ME -NT and -XP are trademarks of Microsoft Corporation. LA/T&C: ENGLISH |