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SCHOOLLEADER® END-USER SOFTWARE LICENSE AGREEMENT

 

NOTE: The "SchoolLeader" and "Ducks" logo are a trademark of Kressa Software Corporation. All rights reserved.

DEFINITIONS
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This Kressa Software Corporation ("KRESSA") End-User License Agreement ("EULA") is a legal AGREEMENT between you (either as an individual user or as the registered user/representative on behalf of a business entity) ("END USER") and KRESSA Software Corporation for the KRESSA software product identified above, which said product includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").

By installing, copying, or otherwise using the SOFTWARE PRODUCT, the END USER agreeS to be bound by the terms of this EULA. If the END USER does not agree to the terms of this EULA, then the SOFTWARE PRODUCT should not be installed.


SOFTWARE PRODUCT LICENSE
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The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold to the END USER.

1) GRANT OF LICENSE. This EULA grants the END USER, the registered computer software user, the following rights:

· SIMULTANEOUS INSTANCES. The SOFTWARE PRODUCT may be used only for the Business location it was sold to. However, the END USER may install and use as many copies of the product as the END USER needs as long as each copy supports this Business location.


· NETWORK USE. The END USER may also install a copy of the SOFTWARE PRODUCT on a network server provided this server supports the same business location as the Licensing Key. The network can be a LAN or WAN and physical location is not relevent.

· LICENSE PACK. If the END USER has acquired this EULA in a KRESSA License Pack, the END USER may make the number of additional copies of the SOFTWARE PRODUCT identified in that agreement.


2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

· LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. No one may reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation of components.

· NOT FOR RESALE SOFTWARE. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR" or "Evaluation Copy", then, notwithstanding other sections of this EULA, no one may use the SOFTWARE PRODUCT for commercial purposes nor sell, or otherwise transfer it for value.

· RENTAL. The END USER may not rent, lease, or lend the SOFTWARE PRODUCT to any party.

· SOFTWARE TRANSFER.The END USER may permanently transfer all of their rights under this EULA, provided they (a) retain no copies, (b) transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and (c) the recipient agrees to abide by all of the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT and all of the END USER's rights therein, if any.

· SUPPORT SERVICES. KRESSA may provide the END USER with support services related to the SOFTWARE PRODUCT ("Support Services"). The provision and use of Support Services is governed by the KRESSA SOFTWARE CORP. policies and programs described in the SOFTWARE PRODUCT user manual and/or in "online" documentation. Any supplemental software code provided to the END USER as part of the Support Services shall considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information, KRESSA may use such information for its business purpose, including product updates and development. However, KRESSA will not utilize such technical information in a form that personally identifies the END USER.

· TERMINATION. Without prejudice to any of KRESSA's other rights, KRESSA has the rights to terminate this EULA if the END USER fail to comply with the terms and conditions of this EULA. In such event, the END USER must destroy all copies of the SOFTWARE PRODUCT and all of its component parts


3) UPGRADES. If the SOFTWARE PRODUCT is labeled or otherwise identified by KRESSA as an "upgrade", the END USER must be properly licensed to use a product identified by KRESSA as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or otherwise identified by KRESSA as an upgrade; replaces and/or supplements the product that formed the basis for the END USER's eligibility for such upgrade. the END USER may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a package of software programs that the END USER licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use.


4) COPYRIGHT AND TRADEMARKS. All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by KRESSA. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. The END USER must treat the SOFTWARE PRODUCT like any other copyrighted product for archival purposes, and may not copy the printed materials accompanying the SOFTWARE PRODUCT without written consent from KRESSA.

· The END USER may not remove, modify or alter any KRESSA copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the KRESSA Installation Routine dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the SOFTWARE PRODUCT.


5) U. S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph C (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is:
KRESSA Software Corporation
Orlando, Florida
407-856-0058
e-mail: info@kressa.com


6) MISCELLANEOUS If the END USER acquired or useS this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Florida. If this SOFTWARE PRODUCT was acquired and is used exclusively outside of the United States, then local law may also apply. Should the END USER have any questions concerning this EULA, or desire to contact KRESSA for any reason, please contact the KRESSA distributor serving your country, or contact Kressa Software directly.


7) LIMITED WARRANTY. KRESSA warrants that (a) the SOFTWARE PRODUCT will, for a period of ninety (90) days from the date of purchase, perform substantially in accordance with KRESSA's written materials accompanying it, and (b) any Support Services provided by KRESSA shall be properly provided as described in applicable written materials provided to the END USER by KRESSA, and (c) KRESSA support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE PRODUCT. To the extent that implied warranties on the SOFTWARE PRODUCT are disclaimable, they are disclaimed hereinbelow. Some states and jurisdictions do not allow disclaimers of, or limitations on, the duration of an implied warranty, so the above limitation may not apply. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

· CUSTOMER REMEDIES. KRESSA's and its suppliers' entire liability and the END USER's exclusive remedy shall be, at KRESSA's option, either (a) return of the price paid by the END USER for the SOFTWARE PRODUCT, or (b) repair or replacement of the component(s) of the SOFTWARE PRODUCT that do(es) not meet KRESSA's Limited Warranty and which is returned to KRESSA. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder, of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither of these remedies nor any product support services offered by KRESSA are available without proof of purchase from a KRESSA authorized international source.

· NO OTHER WARRANTIES APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KRESSA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES the END USER SPECIFIC LEGAL RIGHTS. the END USER MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.


8) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KRESSA OR ITS SUPPLIERS 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 OR THE PROVISION OF, OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF KRESSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KRESSA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SOFTWARE PRODUCT. KRESSA'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SERVICES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO THE END USER.

 
Kressa Software Corporation © Copyright 2002 All Rights Reserved.