Before you purchase this course software you should
carefully read the terms and conditions of this license agreement.
By purchasing the course software, you are consenting to be bound by and
are becoming a party to this license agreement. If you do not
agree to the terms of this agreement, promptly return the unopened
course software package to Optical Short Course International Inc.
within 30 days for a refund minus restocking and handling costs.
License Term: Optical Short Course
International Inc. (OSCI hereafter) hereby grants to the end user (you)
a non-exclusive, non-transferable license to use its proprietary course
software product contained in this package subject to the following
terms and conditions. The term of this license commences upon
delivery of the product to you and may not be transferred without the
prior consent of OSCI. You may physically install the course
software on one server, at one physical site, so that it can be viewed
by one person at a time. You man not allow it to be viewed by
users at different physical site or sites than where it is installed.
You must purchase a copy for the course software for each physical site
where it is installed.
Software Ownership and Transfer Restrictions:
As the licensee you own only the physical media or discs on which the
course software is recorded or fixed. Title, and ownership right,
and intellectual property rights in and to the course software shall
remain in OSCI. You man not loan, lease, assign, sell, sublicense, rent
or otherwise transfer the course software to another party without prior
written consent of OSCI. You agree not to decompile, decipher,
reverse engineer, create derivative works of, or develop source code for
the course software or knowingly allow other to do so.
Limited Warranty: OSCI warrants the physical disc's
to be free of defects in material and workmanship for a period of 90
days from the purchase date. If OSCI receives notification
within the warranty period of defects in materials and workmanship, and
such notification is determined by OSCI to be correct, OSCI will replace
the defective materials. You may be required to return the
defective materials to OSCI prior to replacement.
The entire and exclusive liability and remedy for
breach of this Limited Warranty shall be limited to replacement of
defective disc's and shall not include or extend to any claim for or
right or recovery to any other damages, including but not limited to,
loss of profit, data or use of the software, or special, incidental or
consequential damages or other similar claims, even if OSCI has been
specifically advised of the possibility of such damages. In no
even will OSCI's liability for any damages to you or any other person
ever exceed the actual price paid for the license to use the course
software, regardless of any form of the claim. OSCI specifically
disclaims all other warranties, express or implied, including but not
limited to, any implied warranty of merchantability or fitness for a
particular purpose. OSCI does not warrant that your use of
the course software will be uninterrupted or that the operation,
results, or information provided by the course software will be error
free.
Limitation of Liability: Your sole and exclusive
remedies for any damage or loss in any way connected with the course
software, whether by OSCI breach of any express or implied warranty,
negligence, or any breach of any other duty, shall be, at OSCI's option,
repair or replacement of the course software or return for a refund of
the price paid by your for a license to such course software.
Under no circumstances and under no legal theory, tort, contract, or
otherwise, shall OSCI be liable to you or any other person for any
indirect, special, incidental, or consequential damages of any character
including, without limitation, damages for loss of goodwill, work
stoppage, computer failure or malfunction, or any and all other
commercial damages or losses, or for any damages in excess of the price
paid by your for a license to the course software, even if OSCI shall
have been informed of the possibility of such damages, or for any claim
by any other party.
Termination: This license is effective until
terminated. You may terminate it by destroying the course software
and all copies thereof. Either party may terminate this agreement
immediately in the event of breach of the terms of this agreement.
Upon termination of this agreement, you shall immediately discontinue
the use of the course software and shall within 15 days return to OSCI
all copies of the course software. Your obligations to pay accrued
charges and fees shall survive any termination of this agreement.
Governing Law: This agreement shall be governed
by and construed under Oregon law, except as required by U.S. Government
rules and regulations to be governed by federal law.
ptical Short
Course International Inc.
