📄 pearsoneula.txt
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LICENSE AGREEMENT AND LIMITED WARRANTY
READ THIS LICENSE CAREFULLY BEFORE OPENING THE CD SOFTWARE PACKAGE.
BY OPENING THE CD SOFTWARE PACKAGE, YOU ARE AGREEING TO THE
TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE, DO
NOT OPEN THE CD SOFTWARE PACKAGE. THESE TERMS APPLY TO ALL LICENSED
SOFTWARE ON THE DISK EXCEPT THAT THE TERMS FOR USE OF ANY SHAREWARE
OR FREEWARE ON THE CD ARE AS SET FORTH IN THE RELEVANT LICENSE LOCATED
IN THIS APPENDIX AND/OR IN THE RELEVANT ELECTRONIC LICENSE LOCATED ON
THE CD ("FREEWARE LICENSES"):
1. GRANT OF LICENSE and OWNERSHIP: The enclosed computer programs
("Software") are licensed, not sold, to you by Prentice-Hall, Inc.
("We" or the "Company") in consideration of your purchase of this book,
and your agreement to these terms. You own only the disk but we and/or
our licensors own the Software itself. This license grants to you a
nonexclusive license to use and display the enclosed copy of the Software
on a single computer (i.e. with a single CPU), for educational use only,
so long as you comply with the terms of this Agreement. You may make one
copy for back up only. We reserve any rights not granted to you. The
applicable Freeware License may grant you additional rights as between
you and the shareware authors.
2. USE RESTRICTIONS: You may not sell or license copies of the Software
or the Documentation to others, except as provided in any applicable Freeware
License. You may not transfer, distribute or make available the Software or
the Documentation, except as provided in any applicable Freeware License.
You may not reverse engineer, disassemble, decompile, modify, adapt, translate
or create derivative works based on the Software or the Documentation, except
as provided in any applicable Freeware License. You may be held legally
responsible for any copying or copyright infringement which is caused by
your failure to abide by the terms of these restrictions.
3. TERMINATION: This license is effective until terminated. This license
will terminate automatically without notice from the Company if you fail to
comply with any provisions or limitations of this license. Upon termination,
you shall destroy the Documentation and all copies of the Software. All
provisions of this Agreement as to limitation and disclaimer of warranties,
limitation of liability, remedies or damages, and our ownership rights shall
survive termination.
4. DISCLAIMER OF WARRANTY: THE COMPANY AND ITS LICENSORS MAKE NO
WARRANTIES ABOUT THE SOFTWARE, WHICH IS PROVIDED "AS-IS." IF THE DISK IS
DEFECTIVE IN MATERIALS OR WORKMANSHIP, YOUR ONLY REMEDY IS TO RETURN IT TO
THE COMPANY WITHIN 30 DAYS FOR REPLACEMENT UNLESS THE COMPANY DETERMINES IN
GOOD FAITH THAT THE DISK HAS BEEN MISUSED OR IMPROPERLY INSTALLED, REPAIRED,
ALTERED OR DAMAGED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT, GUARANTEE OR
MAKE ANY REPRESENTATION REGARDING THE ACCURACY, RELIABILITY, CURRENTNESS, USE,
OR RESULTS OF USE, OF THE SOFTWARE.
5. LIMITATION OF REMEDIES AND DAMAGES: IN NO EVENT, SHALL THE COMPANY OR ITS
EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE
OR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF
INCOME OR PROFIT, OR OTHER LOSSES SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR
LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF THE COMPANY OR
AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF DAMAGES IN CERTAIN
CIRCUMSTANCES, SO THE ABOVE LIMITATIONS MAY NOT ALWAYS APPLY.
6. GENERAL: THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
UNITED STATES OF AMERICA AND THE STATE OF NEW YORK, APPLICABLE TO CONTRACTS MADE IN
NEW YORK, AND SHALL BENEFIT THE COMPANY, ITS AFFILIATES AND ASSIGNEES. This Agreement
is the complete and exclusive statement of the agreement between you and the Company
and supersedes all proposals, prior agreements, oral or written, and any other
communications between you and the company or any of its representatives relating to
the subject matter. If you are a U.S. Government user, this Software is licensed with
"restricted rights" as set forth in subparagraphs (a)-(d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 or in subparagraphs (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and
similar clauses, as applicable.
7. ACKNOWLEDGEMENT: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS
AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND
THE COMPANY.
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