Single User License Agreement
The enclosed product is licensed for use by A SINGLE INDIVIDUAL USER. It CANNOT be shared, sold, or otherwise distributed. It is NOT licensed for use on a network or other shared devices. Multi-user and networkable licenses are available. Please contact a KeyStone sales representative at 800-949-5590 for more information.
This Courseware License Agreement (this ?License?) is a legal agreement between you (the individual or single entity who has purchased this License) and Keystone Learning Systems (?KLS?). By installing, copying, downloading, accessing or otherwise using the Courseware, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, do not use the Courseware. All rights not expressly granted herein are expressly reserved and retained by KLS.
1. DEFINITIONS. The following definitions apply wherever used in this contract:
A. ?Courseware? means the Software, video media, workbooks and any other materials delivered by KLS together with this License.
B. ?You? means the person or entity who has purchased this License.
C. ?License Fees? means the license fees charged by KLS for the licenses granted herein.
D. ?Software? means the machine readable code provided with the Courseware that may be installed on one or more computer systems, but only in accordance with this License.
E. ?Software Documentation? means the instructions for installation and use of the Software accompanying the Software.
F. ?Support? means any technical assistance from time to time made available by KLS in connection with the Courseware, whether provided by telephone, on-line or otherwise.
2. LICENSE GRANT. Subject to the provisions contained herein and the full payment of all applicable License Fees, KLS hereby grants to you a nonexclusive and nontransferable license to use the Courseware on any computer for the term of 1 year—unless otherwise indicated in writing—provided that the Courseware is used only by the person for whom the license was purchased, on only one computer at any given time. The Software may not be installed in any manner that makes it accessible by more than one computer via a computer network. THE COURSEWARE IS THE COPYRIGHTED WORK OF KEYSTONE LEARNING SYSTEMS LLC OR ITS SUPPLIERS AND IS PROTECTED BY THE COPYRIGHT LAWS OF THE UNITED STATES AND INTERNATIONAL TREATY PROVISIONS. THE COURSEWARE IS ONLY LICENSED TO YOU AND IS NOT SOLD.
3. RIGHTS RESERVED. Except for those licenses and rights specifically granted herein, KLS (and its licensors, as applicable) reserve all right, title and interest in and to the Courseware (including the Software). Without limiting the generality of the foregoing, you are prohibited from reverse engineering the Software and from modifying or creating any derivative based on the Courseware (including the Software).
4. SOFTWARE AND OTHER COURSEWARE MATERIALS; UPDATES; SUPPORT. KLS shall provide the Software to you electronically, either pre-loaded or on media in machine-readable form. This License does not grant you any right to any enhancement or update to the Software or other Courseware materials. Enhancements and updates, if available, may be obtained by you at KLS?s then current standard pricing, terms and conditions. This License does not grant you any rights to receive Support from KLS with respect to the Courseware. Support, if available, must be purchased separately and will be governed by a separate agreement.
5. RESTRICTED USE. You may make only one backup copy of the Software for archival purposes, provided that you label such copy with the copyright notice included on the original media. No other copies of the Software or other Courseware materials may be made or distributed. Additional Courseware materials are available for purchase from KLS. Such materials may be used only in accordance with the terms of this License.
6. TRANSFERS PROHIBITED. The license granted hereunder is non-transferable. You are prohibited from selling, loaning, renting, leasing, sublicensing, transmitting, distributing, redistributing, or otherwise transferring or assigning any part of the Courseware to any third party at any time whether with or without consideration. Without limiting the generality of the foregoing, any transmittal or transfer of the Courseware on the Internet or by other electronic means is prohibited. ANY REPRODUCTION OR DISTRIBUTION OF THE COURSEWARE, OR TRANSFER OF THIS LICENSE NOT IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS LICENSE IS PROHIBITED AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES. ANY ACTUAL OR ATTEMPTED SALE, LOAN, RENTAL, LEASE, SUBLICENSE, TRANSMISSION, DISTRIBUTION OR REDISTRIBUTION OR OTHER TRANSFER OR ASSIGNMENT OF THE COURSEWARE OR THIS LICENSE, IN WHOLE OR IN PART, IN ANY MEDIA OR BY ANY METHOD, SHALL IMMEDIATELY AND IRREVOCABLY TERMINATE THIS LICENSE AGREEMENT FOR ALL PURPOSES.
7. LIMITED WARRANTY. KLS warrants that the Software, if operated as directed, will substantially achieve the functionality described in the Software Documentation. KLS does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error- free or secure. KLS also warrants that the media containing the Software and other Courseware materials will be free from defects in material and workmanship for a period of ninety (90) days following your purchase. In the event KLS receives written notice from you of any defects within the warranty period, KLS in its sole discretion shall: (i) replace your defective media or materials; or (ii) in the case of defective Software media, advise you how to achieve substantially the same functionality with the Software as described in the Software Documentation through a procedure different from that set forth in the Software Documentation. The sole liability of KLS for any defect or breach of warranty shall be the remedies set forth herein. THE FOREGOING ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY KLS. KLS HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. NO KLS EMPLOYEE, AGENT, SUPPLIER OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Notwithstanding any other provision herein, the limited warranties shall immediately terminate if: (i) any modifications are made to the Software by you at any time; (ii) the Courseware media or materials are subjected to accident, abuse, or improper use; (iii) the Software is used on or in conjunction with hardware or programs other than the unmodified version of hardware and programs with which the Software was designed to be used as described in the Software Documentation; or (iv) you violate any of the terms or conditions of this License.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL KLS OR ITS SUPPLIERS OR RESELLERS OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS THEREOF BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE ANY OF THE COURSEWARE (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS), EVEN IF KLS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL LIABILITY FOR DAMAGES EXCEED THE AMOUNT OF THE LICENSE FEE PAID TO KLS FOR THIS LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
9. EXPORT CONTROLS. You shall not download, transmit or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or the Documentation or underlying information or technology may be downloaded, transmitted or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or Sudan or any other country to which the United States has embargoed goods; or (ii) to any person on the United States Treasury Department list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. TERMINATION. Without prejudice to its other rights hereunder, KLS may terminate this License if you violate or breach any term or condition hereof. In the event of such termination, you must immediately destroy all copies of the Software and the Documentation and cease all use thereof.
11. INJUCTIVE RELIEF. You acknowledge and agree that the remedy at law for any breach of any of the terms of this Agreement may be inadequate, and you therefore agree and consent that temporary and permanent injunctive and other equitable relief may be granted in any proceeding which may be brought to enforce any provision hereof, including within such other equitable relief, specific performance, without the necessity of proof of actual damage or inadequacy of any legal remedy.
12. BINDING EFFECT. Subject to the prohibitions on transfer and assignment hereof, this Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective officers, directors, employees, shareholders, owners, partners, agents, representatives, parents, subsidiaries, affiliates, heirs, devisees, successors and assigns.
13. MISCELLANEOUS. This Agreement represents the sole and exclusive agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, communications, proposals and representations. This Agreement may be amended only by a writing executed by both parties. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. In the event that any provision of this Agreement shall be held by the final judgment of a court of competent jurisdiction to be invalid or unlawful or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect and shall be construed to give the fullest effect to the intent of the parties expressed herein. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the laws of the Delaware, and the United States of America, and the parties hereto consent to jurisdiction and venue in the courts of Delaware or the United States Federal District Court located in Wilmington, Delaware. The parties further agree not to disturb such choice of forum, and if not resident in such state, waive the personal service of any and all process upon them, and consent that such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.
14. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and Courseware are being provided only with RESTRICTED RIGHTS. If the acquiring unit or agency is the U.S. Department of Defense, use, duplication or disclosure is subject to restrictions as set forth in DFAR Section 227.7202. If the acquiring unit or agency is any other unit or agency of the United States Government, use, duplication or disclosure is subject to restrictions as set forth in FAR Section 12.212 and FAR Section 52.227-19(c)(1) and (2). For these purposes the manufacturer is Bancroft Technology Group, Inc., 6030 Daybreak Circle, STE A150, #116 Clarksville, MD 21029-1642. Telephone 800-949-5590.
If this did not answer your question, please see the other support articles or submit a support ticket.