YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (the "AGREEMENT").
MATHFREEBIES.COM IS A SERVICE THAT PROVIDES FREE MATH RESOURCES TO HOMESCHOOL PARENTS, PUBLIC OR PRIVATE SCHOOL TEACHERS AND PARENTS AS WELL AS ANYONE LOOKING FOR FREE MATH RESOURCES. ALL THE CONTENTS OF THIS SITE ARE PROTECCTED BY THE COPYRIGHT LAWS. THE CONTENTS OF THE SITE ARE PROVIDED AND MAINTAINED BY THE PARENT COMPANY, A+ TUTORSOFT, INC.(the "COMPANY")
FOR PURPOSES OF THIS AGREEMENT, "SOFTWARE" IS DEFINED TO INCLUDE COMPUTER PROGRAMS THAT RUN ON THE INTERNET SITE, COMPUTER PROGRAMS INTENDED TO BE RUN ON A WORK STATION, PC, OR SIMILAR MACHINE, AND INCLUDES THE CD-ROM OR OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED OR ANY OTHER DATA DOWNLOADED OR STREAMED FROM AN INTERNET SOURCE. "FIRMWARE" IS DEFINED TO INCLUDE COMPUTER PROGRAMS WHICH ARE INTENDED TO BE RUN SOLELY ON OR WITHIN A HARDWARE MACHINE ("MACHINE") PROVIDED BY A+ TUTORSOFT INC. (the "COMPANY"), INCLUDING, WITHOUT LIMITATION, MICROCONTROLLER BITSTREAMS. THE SOFTWARE AND FIRMWARE AND THE ACCOMPANYING USER DOCUMENTATION (THE "DOCUMENTATION") ARE LICENSED (NOT SOLD) TO YOU BY THE COMPANY DIRECTLY OR THROUGH AUTHORIZED RESELLERS OF THE COMPANY. OPENING, VIEWING OR DOWNLOADING ANY OF THE CONTENTS FROM THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE. A LOG IN TO ANY SOFTWARE CONTAINED ON THE INTERNET SIMILAR CONSTITUTES AN ACCEPTANCE OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, PROMPTLY DISCONTINUE USE OF, RETURN THE PACKAGE, THE MACHINE WHICH CONTAINS A COPY OF THE LICENSED FIRMWARE, AND ALL OTHER ENCLOSED ITEMS, IF ANY, TO THE PLACE WHERE YOU OBTAINED THEM OR CALL A+ TUTORSOFT INC. AT 317-514-1031 FOR A FULL REFUND (IF ANY AS PER THE REFUND POLICY) OF THE PURCHASE PRICE.
MATHFREEBIES.COM AND THE COMPANY MAY CONTACT YOU PERIODICALY AND OFFER YOU ADDITIONAL RELATED PRODUCTS AND SERVICES. BY RESISTERING YOUR USER PROFILE (contact information with email), OPENING, VIEWING OR DOWNLOADING ANY OF THE CONTENTS FROM THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THE AGRREMENT. A LOG IN TO ANY SOFTWARE CONTAINED ON THE INTERNET SIMILAR CONSTITUTES AN ACCEPTANCE OF THE AGREEMENT.
A. MATHFREEBIES.COM and the COMPANY hereby grant you, and you accept a nonexclusive license to use the Software. Title and ownership of the Software and/or Documentation remain with the COMPANY, its affiliates or its suppliers. A separate license will be required in each country.
B. You may not decompile, reverse engineer, modify, or copy the Software or Documentation for any purpose. Any portion of the Software merged into or used in conjunction with another program will continue to be the property of COMPANY and is subject to the terms and conditions of this Agreement.
C. The Software and the Documentation are copyrighted by COMPANY, its affiliates and/or its suppliers. You agree to respect and not to remove or conceal from view any copyright or trademark notice appearing on the Software or Documentation, and to reproduce any such copyright or trademark notice on all copies of the Software and Documentation or any portion thereof made by you as permitted hereunder and on all portions contained in or merged into other programs and documentation.
D. You may not transfer the Software and this license to another party. If you transfer the Software and/or documentation, you must at the same time either transfer all copies whether in printed or machine-readable form, and the Machine, if any, on which the Firmware is licensed for use, to the same party or destroy any copies not transferred; this includes all modifications and portions of the Software and/or contained or merged into other programs.
YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE, DOCUMENTATION OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE SOFTWARE OR DOCUMENTATION TO ANOTHER PARTY, EXCEPT AS PROVIDED IN THIS SECTION D, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
This Agreement is effective upon your acceptance (as set forth above) and shall continue until terminated. You may terminate this license at any time by destroying the Software and Documentation along with all copies, modifications and merged portions in any form, and return the all items to COMPANY, its affiliates or its authorized resellers. It will also terminate upon conditions set forth elsewhere in this Agreement if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software and Documentation together with all copies, modifications and merged portions in any form, and to return all items to COMPANY or its authorized resellers.
During the period of your use of the software (the "Warranty Period"), the COMPANY warrants, for your benefit alone, that the Software when properly accessed, will perform substantially in conformance with the Documentation provided (if any) by COMPANY. at the time you obtained the Software and/or Documentation from COMPANY, its affiliates or its authorized resellers.
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE WARRANTIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WHEREVER SUCH EXCLUSION IS NOT PERMITTED BY LAW, ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE WARRANTY PERIOD. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
COMPANY does not warrant that the functions contained in the Software or Documentation will meet your requirements or that their operation will be uninterrupted or error free.
LIMITATIONS OF REMEDIES
COMPANY, its affiliates or its authorized resellers', and/or its suppliers' entire liability and your exclusive remedies under this Agreement are as follows:
The COMPANY shall use commercially reasonable efforts to correct any defect in the Software which is reported by you during the Warranty Period in writing to COMPANY, provided such defect can be recreated by COMPANY in an unmodified version of the Software.
IN NO EVENT WILL COMAPNY, ITS AUTHORIZED RESELLERS, OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR TYPE, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED PRODUCT(S), OR COST OF SUBSTITUTED FACILITIES, PRODUCTS OR SERVICES WHICH ARISE OUT OF THE COMPANY'S' PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION CONTAINED WITHIN THIS AGREEMENT OR WITH USE, OR INABILITY TO USE, SOFTWARE AND/OR FIRMWARE, WHETHER THE CLAIM FOR DAMAGES IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR FOR DAMAGE TO REAL OR TANGIBLE PROPERTY TO THE EXTENT CAUSED BY THE COMPANY'S FAULT OR NEGLIGENCE, THE COMPANY'S' MAXIMUM LIABILITY FOR ANY CLAIM FOR DAMAGES RELATING TO THE COMPANY'S PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (a) YOUR ACTUAL DAMAGES OR (b) THE COST OF THE PRODUCT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You shall assume all responsibility for obtaining any required export authorizations necessary to export any Software and/or Documentation purchased hereunder. You shall not re-export Software and/or Documentation directly or through others, or the product of such data, to the prescribed countries for which such prohibition exists pursuant to the U.S. export regulations unless properly authorized by the appropriate government.
You may not sublicense, assign or transfer this license, Software or Documentation, except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.
This Agreement will be governed by the laws of the State of Indiana, United States. By accepting this Agreement, both parties explicitly consent to exclusive jurisdiction and venue in the state of Indiana.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND A+ TUTORSOFT INC. WHICH SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING (ORAL OR WRITTEN) BETWEEN US RELATING TO THE SOFTWARE OR FIRMWARE
NOTWITHSTANDING THE ABOVE, IF YOU PREVIOUSLY SIGNED A SEPARATE AGREEMENT HAVING A SOFTWARE LICENSE PROVISION APPLICABLE TO THIS PROGRAM, WHICH HAS NOT EXPIRED OR BEEN TERMINATED, THE TERMS AND CONDITIONS OF SUCH SEPARATE AGREEMENT AND THE SOFTWARE LICENSE CONTAINED THEREIN SHALL TAKE PRECEDENCE OVER ALL CONFLICTING TERMS AND CONDITIONS, IF ANY, CONTAINED IN THIS LICENSE AGREEMENT. OTHERWISE, ANY ADDITIONAL TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT SHALL SUPPLEMENT AND BE READ IN CONJUNCTION WITH THE SOFTWARE LICENSE CONTAINED IN ANY SUCH SEPARATE AGREEMENT.