DISCOVERWARE
INTRANET LICENSE AGREEMENT
TO: THE LICENSEE
1. LICENSE: In consideration of this agreement with DiscoverWare in relation to the following terms and conditions, DiscoverWare hereby agrees to grant to the licensee a non-exclusive right to use the enclosed program. This license permits the licensee to use this program on a corporate intranet. Only the Learning Centre version of this program may be used in a learning centre or a computer training classroom. Multiple copies of this program may be used over a network only if licensee has obtained the consent of DiscoverWare to do so, provided that the number of users of the program at any one given time does not exceed the number of users for which you have purchased a license. Licensee must have a reasonable mechanism or process in place to ensure that the number of persons using the program concurrently does not exceed the number of licenses purchased. For network deployment concurrent usage is not permitted. Licensee may not distribute copies of the program or documentation to others, or modify or translate the program or related documentation without the prior written consent of DiscoverWare.
LICENSEE MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
2. BACK-UP AND TRANSFER: Licensee may make one (1) copy of the program, solely for back-up purposes. Licensee must reproduce and include the copyright notice on the back-up copy. Licensee may transfer and license the product to another party if the other party agrees to the terms and conditions of this Agreement and completes and returns a Registration Card to DiscoverWare. If licensee transfers the program, licensee must at the same time also transfer the documentation and back-up copy or transfer the documentation and destroy the back-up copy, as well as remove from licensee's computer all portions of the program.
3. COPYRIGHT: The program and its related documentation are subject to copyrights held by DiscoverWare. Licensee may not copy the program or its documentation except for back-up purposes and to load the program into the computer as part of executing the program. All other copies of the program and its documentation are in violation of this Agreement and the copyrights held by DiscoverWare.
4. TERM: This license is effective until terminated. Licensee may terminate the license by destroying the program and documentation and all copies thereof. This license will also terminate if licensee fails to comply with any term or condition of this Agreement. Upon such termination, licensee agrees to destroy all copies of the program and documentation.
5. LIMITED WARRANTY: THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY LICENSEE. SHOULD THE PROGRAM PROVE DEFECTIVE, LICENSEE (AND NOT DISCOVERWARE OR ITS DEALERS) WILL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ALTHOUGH DISCOVERWARE IS NOT AWARE OF ANY FLAWS IN THE PROGRAM, DISCOVERWARE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE PROGRAM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE, AND LICENSEE RELIES ON THE PROGRAM AND RESULTS SOLELY AT LICENSEE'S OWN RISK.DiscoverWare does warrant, to the original licensee, that the compact disc(s) on which the program is recorded is/are free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of licensee's receipt. DiscoverWare's entire liability (and licensee's exclusive remedy) shall be replacement of the compact disc(s) which does not meet DiscoverWare's Limited Warranty and which is returned to DiscoverWare with a copy of licensee's receipt. If failure of the compact disc(s) has resulted from accident, abuse or misapplication of the product, then DiscoverWare shall have no responsibility to replace the compact disc under this Limited Warranty.THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT IS MADE BY DISCOVERWARE ON THIS DISCOVERWARE PRODUCT. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION.NEITHER DISCOVERWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PRODUCT EVEN IF DISCOVERWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
6. MISCELLANEOUS: This license agreement shall be governed by the laws of the Province of Alberta, Canada, and shall ensure to the benefit of DiscoverWare Inc. its successors, administrators, heirs and assigns.
7. ACKNOWLEDGEMENT: LICENSEE ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Any questions concerning this Agreement should
be directed to:
DiscoverWare @ (800) 465-3641
DiscoverWare
is a registered trademark.
