READ THIS AGREEMENT BEFORE USING THIS AllPlay 2 SOFTWARE. BY USING THE SOFTWARE YOU HAVE AGREED TO THE FOLLOWING TERMS. If you do not agree to these terms, return the Software to LearningWare for a refund of any money you paid.
License.
You have the nonexclusive and nontransferable right to use the AllPlay 2 program and its accompanying documentation (the "Software") in your own business, on a single computer. You may make one back-up copy of the Software, but you may not make any other copies, and you must reproduce LEARNINGWARE's copyright notice on the copy you make. You agree not to distribute, rent, share, copy, convey, reproduce, sublicense, lease, sell, lend, transfer, modify, reverse engineer, decompile or disassemble the Software, or translate the Software to another program language, unless expressly provided by in this Agreement. You understand that LEARNINGWARE retains ownership of the Software. If you will have multiple users of the Softwre, you must contact LEARNINGWARE for a site license.
Disclaimer of Warranties.
LEARNINGWARE is licensing the Software to you "AS IS." LEARNINGWARE MAKES NO WARRANTIES OF ANY KIND REGARDING THE SOFTWARE, AND LEARNINGWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the quality and performance of the Software is with you. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction. LearningWare does not warrant that the functions contained in any program will meet your requirements or that the operation of the program will be uninterrupted or error-free or that the program defects will be corrected.
Limitation of Liability.
LEARNINGWARE's entire liability to you is limited to replacement of the software media if the media enclosed (and not the Software on it) is defective. LEARNINGWARE is not liable to you or to any third party for any incidental, special, consequential or indirect damages of any kind relating to the Software, including any lost profits or costs of recovering lost data, even if LEARNINGWARE has been advised of the possibility of such damages. LEARNINGWARE's liability to you for direct damages relating to the Software shall be limited to the license fee you paid LEARNINGWARE for the Software.
Support.
LEARNINGWARE will provide you with the same support that it provides to its other licensees.
Termination.
This Agreement terminates if (a) you destroy all your copies of the Software (b) you breach any provision of this Agreement and fail to remedy it after thirty days notice from LEARNINGWARE, or (c) you fail to pay LEARNINGWARE any license fees or other service charges relating to use of the Software. Upon termination of this Agreement, you shall destroy all of your copies of the Software.
Miscellaneous.
The validity and performance of this license shall be covered by Minnesota law.
If you have any questions concerning this Agreement, you may contact us in writing: