License Agreement & Warranty

License Agreement

A. The Product:

TenKey Tutor™ and Breezing through the Numbers™ are trademarks of SDC. This license agreement provides limited rights to install and use TenKey Tutor, as follows:

TenKey Tutor™ is, and shall remain, the copyrighted property of Security Development Corporation (SDC), Everett, Washington, USA.

The functionality and form of TenKey Tutor is closely controlled by license. Each license shall be valid ONLY after it is activated from each workstation from which the product is to be utilized.

B. Legitimate Use and Activation:

Every copy of TenKey Tutor installed shall be licensed individually for one and only one physical hard drive. This license agreement is enforced by requiring the activation of the license after TenKey Tutor is installed by registering the installed product.

Regardless of method of purchase or acquisition, each copy of TenKey Tutor is automatically provided with only Temporary Activation until formal product registration is accomplished. This temporary activation will expire after the lesser of five days or five sessions. During this temporary license period, the product will accommodate only ONE USER. The full scope of the purchased license becomes effective upon completion of formal registration and activation.

The timing of activation is at the purchaser's discretion. Delay in so activating shall have no impact on the validity of the license or the underlying purchase transaction.

C. Backup Copies

You may make a backup copy of the software only for archival purposes, provided that you copy all copyright and proprietary notices that are on the original software. Otherwise, no part of the software and/or its associated publications may be reproduced, transmitted, or translated into any other language by any means without first receiving prior written approval from Security Development Corporation.

Should you choose not to retain a backup copy, and later need to restore your hard drive, you will be allowed to download and install the latest build of your edition from a site designated by SDC as long as that edition is available from SDC. If not available, you will be allowed to upgrade to the latest edition of TenKey Tutor at the lowest cost then available to other licensed users of your defunct copy of TenKey Tutor.

D. Transfer to another Hard Drive

This license is non-transferable. However, should the licensed hard drive fail, SDC shall reactivate the license on a replacement hard drive for that same PC.

Should the licensee choose to replace the licensed PC with another, the license can likewise be reactivated on that PC.

In no case does this reactivation allowance apply to any PC or workstation other than the PRIMARY workstation of the original licensee.

E. Intellectual Property

You may not decompile, reverse engineer, disassemble, modify or otherwise reduce the software to human perceivable form for any purpose whatsoever. You understand that TenKey Tutor in its entirety is the intellectual property of SDC and agree to make no use, copies or representation of this product and all related materials except as intended to improve your skills in numeric data manipulation and/or in the teaching of same to others, as anticipated within the edition acquired by you.

Explicitly, you may not lease, loan, resell, rent, sublicense, assign, distribute or network the software (except as licensed) and/or its associated publications, nor may you create derivative products from same.

Warranty and Liability Limitations:

The sole warranty with respect to the TenKey Tutor software is that it will be free from physical defects in materials and workmanship for a period of 60 days from the date of purchase. During that period, you may return the CD for replacement or download another copy from our web site. After that time you may purchase a replacement CD so long as you return the defective CD, should you have purchased TenKey Tutor with a CD included.

Your sole remedy for any breach of warranty is that Security Development Corporation will, at its option, either replace your software or refund your purchase price. A refund will require that you submit a copy of your dated proof of purchase. Once the software has been activated, no refund shall be processed without submission of the documentation generated through completion of the TenKey Tutor's built-in inactivation process.

Except for the express warranty of the original software as stated above, the software is provided "as is" and you accept the entire risk as to the accuracy and appropriate application of the software for your intended purposes. Security Development Corporation makes no warranties, express or implied, with respect to TenKey Tutor or its quality, performance, merchantability or fitness for any particular purpose.

No oral or written information or advice given by Security Development Corporation or its licensers, their respective employees, distributors, dealers or agents shall increase the scope of the above warranties or create any new warranties.

Under no circumstances shall Security Development Corporation or its licensers be liable to you for any damages or costs, including lost profits, lost data or other indirect special, incidental or consequential damages resulting from the use, misuse, or inability to use the software, even if Security Development Corporation, its licensers or authorized dealers have been advised of the possibility of such damages. However, some states do not allow the exclusion or limitation of implied warranties, so the above limitation may not apply to you.