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END USER
LICENSE AGREEMENT
PLEASE READ CAREFULLY: THIS END USER LICENSE AGREEMENT
("Agreement") is a legal agreement between you
("Licensee") (either as an individual or as a single business
entity) and Charles C. Botsford ("Licensor") for the LearnTCPIP™, LearntoSubnet™, HowTCPIPWorks.com™, HowDNSWorks™,
HowtheInternetRuns™, HowtheOSIModelWorks
Educational Courseware, which includes computer software and may
include associated media, printed materials, and/or electronic
documentation ("Software Product"). By accessing,
downloading, or otherwise using the Software Product, you agree to be
bound by the terms of this Agreement.
If you do not agree to the terms of this Agreement, do not use
the Software Product. Instead,
please return it to your place of purchase for a full refund.
The Software Product is protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties.
License Arrangements
Under this Agreement, there are four different
license arrangements governing the use of the Software Product, namely the
Web Site License Arrangement, the Single User License Arrangement, the
Single Company‑Single Site License Arrangement, and the Single
Company‑Multiple Site License Arrangement.
The specific rights granted to you under this Agreement depend
on the License Arrangement for which you have paid.
Grant of License
1.
Web Site License Arrangement:
You may access and use the Software Product at an authorized Web site (e.g. www.LearnTCPIP.com)
for personal use only. The
Software Product cannot be used, in whole or in part, for commercial
purposes or used as part of any educational course, course requirements or
course content. The Software
Product cannot be copied, including for use offline with any computer, and
cannot be transferred, sold, or sublicensed to any other party.
2 Single
User License Arrangement:
You
may use one copy of the Software Product on a single computer, which
includes a workstation, terminal, or other digital electronic device.
The Software Product cannot be accessed or made available over any
computer network, nor can it be included in or provided with a product or
service of any organization or party.
The Software Product can be used as part of a course presentation
or course requirements of Licensee if each attendee of the course
purchases a Single User License Arrangement or Licensee purchases a Single
Company-Single Site or Single Company-Multiple Site License Arrangement.
The Software Product cannot be copied in any form, except for
archival purposes, and cannot be transferred, sold or sublicensed to any
other party.
3. Single
Company-Single Site License Arrangement:
You may use and make available for use the Software Product by any number
of persons at a single geographic site (contiguous set of buildings) of a
single company or organization having the same legal name as Licensee.
The Software Product can be used as part of a course presentation
or course requirements of Licensee within the licensed single geographic
site of Licensee. The
Software Product may be accessed via a computer network that is local to
the single geographic site of Licensee.
The Software Product, however, cannot be made available for access
outside the single geographic site of Licensee, including without
limitation being made available or accessed via the Internet.
The Software Product cannot be copied, except for archival
purposes, and cannot be transferred, sold, or sublicensed to any other
party.
4. Single
Company-Multiple Site License Arrangement:
You may use and make available for use the Software Product by any number
of persons at geographic sites (buildings) of a single company or
organization, wherever situated, having the same legal name as Licensee.
The Software Product can be used as part of a course presentation
or course requirements of Licensee within the licensed geographic sites of
Licensee. The Software
Product may be accessed via a computer network that is local to the
geographic sites of Licensee. The
Software Product, however, cannot be made available for access outside the
geographic sites of Licensee, including without limitation being made
available or accessed via the Internet.
The Software Product can be copied for use within the geographic
sites of Licensee for use by the employees of the Licensee. The
Software Product cannot be transferred, sold, distributed or sublicensed to any other
party (including customers of licensee).
Other Provisions
The following provisions apply to all of the
foregoing License Arrangements:
Separation
or Alteration of Components. The
Software Product is licensed as a single product. Its component parts may not be divided for separate use apart
from the Software Product. The
Software Product cannot be altered or repackaged in any part.
Rental.
You may not rent, lease or lend the Software Product.
Trademarks.
This Agreement does not grant you any rights in connection with any
trademarks or service marks owned by Licensor, including, but not limited
to "LearnTCPIP,” “LearntoSubnet,” “HowTCPIPWorks.com,” “HowDNSWorks,”
“HowtheInternetRuns,” “HowtheOSIModelWorks.”
Termination.
This Agreement is effective until terminated.
You may terminate this Agreement at any time by destroying all
copies of the Software Product. This
Agreement will terminate immediately without notice from Licensor if you
fail to comply with any provision of this Agreement.
Upon termination, you agree to destroy all copies of the Software
Product.
Disclaimer
of Warranty. This
Software Product is provided "AS IS," without any warranties,
express or implied. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE
SOFTWARE PRODUCT.
Limitation
of Liability. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Licensor's entire
liability and your exclusive remedy shall be, at Licensor's option, either
(a) return of the price paid, if any, or (b) repair or replacement of the
Software Product.
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