License
Agreement and Warranty
License Agreement:
A. The Product:
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. Such license shall be
valid ONLY after it is activated from the workstation from which it is to be
utilized.
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:
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 by a methodology that encrypts specific
information about that hard drive into the activation process.
ONLY fully activated licenses shall be
valid.
Regardless of method of purchase or
acquisition, each copy of TenKey Tutor initially installs as an Evaluation
Edition. In this configuration, only ONE USER may operate the software,
and this is allowed for the lesser of five calendar days from date of first
installation, or 5 uses, whichever occurs first.
Once the evaluation period has expired,
the user's ability to activate the product will remain undiminished for a
period of six months, or until the product is superceded by a new edition,
whichever occurs first, but in no case less than 30 days, if the product has
been purchased.
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 chose not to retain a backup copy, 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 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 or any purpose whatsoever.
You understand that TenKey Tutor in its entirety is the intellectual property
of SDC and agree to make to 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, or may you create
derivative products from same.
F. Warranty and Liability Limitations:
The sole warranty with respect to the
Profit Plan 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 on such a CD.
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 so long as you return the
software with a copy of your dated proof of purchase.
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 licensors, their
respective employees, distributors, dealers or agents shall increase the scope
of the above warranties or create any new warranties.
Under no circumstances will Security
Development Corporation or its licensors be liable for any damages or
costs, including lost profits, lost data or other or indirect special,
incidental or consequential damages resulting from the use, misuse, or inability
to use the software, even if Security Development Corporation, its licensors 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.
