This is a legal agreement between you, the end user, and Transcender ("Transcender"), a division of Kaplan, Inc., regarding your use of the TranscenderCert, TranscenderFlash, or TransTrainer (collectively, "Software"). By installing the Software, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the uninstalled Software media and all accompanying items to Transcender at the address indicated below.
1. Grant of License. Transcender hereby grants to you (an individual) the revocable, personal, non-exclusive, and nontransferable right to install and activate the Software on two separate computers solely for your personal and non-commercial use. Sharing this Software with other individuals, or allowing other individuals to view the contents of this Software, is in violation of this license. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless you have first purchased a multi-user workstation license from Transcender.
2. Copyright. The Software is owned by Transcender and protected by United States and international copyright law. You may not remove or conceal any proprietary notices, labels or marks from the Software.
3. Restrictions on Use. You may not, and you may not permit others to (a) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Software; (b) modify, distribute, or create derivative works of the Software; (c) copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Software.
4. Term of Agreement. The term of this Agreement begins upon installation of this Software and shall terminate 3 years from the date of purchase. Transcender reserves the right to terminate this Agreement at any time if you violate any provision of this Agreement. If the Agreement is terminated for any reason, you agree immediately to return to Transcender all copies of this Software and all accompanying items.
5. Limited Warranty.
(A) FOR A PERIOD OF 30 DAYS FROM THE DATE OF PURCHASE, THE CD-ROM OR OTHER MEDIA ("MEDIA") THAT CONTAINS THIS SOFTWARE IS WARRANTED TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. IF THE MEDIA IS DEFECTIVE OR FAULTY IN WORKMANSHIP, YOU MAY RETURN THE MEDIA TO TRANSCENDER AT THE ADDRESS BELOW WITH A WRITTEN DESCRIPTION OF THE DEFECT, AND TRANSCENDER WILL REPLACE THE MEDIA WITHOUT CHARGE. REPLACEMENT OF THE MEDIA IS YOUR SOLE AND EXCLUSIVE REMEDY AND TRANSCENDER'S SOLE LIABILITY:
Address for Returned Merchandise:
1015 Windward Ridge Parkway
Alpharetta, Georgia 30005
(B) EXCEPT FOR EXPRESS PROVISIONS IN PARAGRAPH (A), THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRANSCENDER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TRANSCENDER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, AND THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT TRANSCENDER OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OTHER THAN EXPRESSLY DESCRIBED ABOVE.
(C) NEITHER TRANSCENDER NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT OR RELATED TO THIS AGREEMENT, EVEN IF TRANSCENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRANSCENDER SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE AND/OR THE RELATED DOCUMENTATION, EVEN IF TRANSCENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRANSCENDER'S LIABILITY HEREUNDER, IF ANY, EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
6. General. This Agreement and any dispute under it will be governed by the laws of the State of Georgia and the United States of America, without regard to their conflict of laws principles. Both parties consent to the exclusive jurisdiction and venue of the federal and state courts in the county of Fulton and the state of Georgia. This Agreement constitutes the entire agreement between you and Transcender with respect to its subject matter, and supersedes other communication, advertisement, or understanding with respect to the Software. This Agreement may not be amended or modified except in a writing executed by both parties If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Transcender's ownership of the Software survive termination.
ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.