END USER LICENSE AGREEMENT
FOR TOPSCORE PRO SOFTWARE
NOTICE TO USER:
This End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity ("Customer" or "you"), and ScholarWare, Inc., ("ScholarWare"). By installing, copying, or otherwise using the above software product, including computer software, associated media, any printed materials, and any "online" or electronic documentation, you agree to be bound by the terms of this EULA. CLICKING "I AGREE" OR INSTALLING OR USING THE SOFTWARE INDICATES YOUR CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms of this EULA, promptly return the unused Software to your supplier for a full refund.
ScholarWare's EULA accompanies the TopScore Pro product and related explanatory materials ("Software"). The term "Software" also shall include any computer software or upgrades, associated media, any printed materials, and any "online" or electronic documentation upgrades licensed to you by ScholarWare.
Upon your acceptance of this EULA, ScholarWare grants to you a nonexclusive license to USE the Software, provided that you agree to the following:
1. Use of the Software. You may install (1) one copy of the Software on a hard disk or other storage device; Network and multi-user installations are PROHIBITED. This is a single user at a single machine license agreement. This license is NON-TRANSFERABLE. You may not resell, or loan this product to anyone by any means. This license DOES NOT grant ownership of software. This license is for your use only for a granted amount of time. You may NOT distribute copies of the Software for ANY purpose. Copying the CD or other media from ScholarWare for this purpose is prohibited and violates federal copyright laws. Violators will be prosecuted.
2. Term of Use. This License is effective for the allotted time ONLY. This license will expire automatically without notice from ScholarWare IF you fail to comply with any provision of this License Agreement. Allotted time is guaranteed to be at least 6 months from the time of your purchase. For written exams you are guaranteed use up to the current (e.g. next) official written test date. You may not use the Software beyond the expiration date. The Software will notify you upon expiration. Upon expiration you shall return to ScholarWare or destroy the written materials and all copies of the Software, including modified copies, if any.
3. Demo Versions. If ScholarWare designates the Software as a "Demo" version, then Customer's license rights under this EULA shall extend solely until the demo version automatically expires. The Customer's use is restricted solely to their own use and SHALL NOT be distributed to potential revenue customers such as students. The Customer must exercise reasonable judgment in whom the Customer allows to view the Demo. Customer colleagues viewing the Demo may be deemed as acceptable. The Customer may neither create nor distribute the Demo in any fashion in a way that jeopardizes revenue opportunity for ScholarWare. Customer is specifically prohibited from placing the Demo in a public viewing area, common computer area, library, computer network, etc. Use beyond the evaluation period violates federal copyright laws. Demo versions are provided strictly on an "as is" basis.
4. Copyright and Trademark Rights. The Software is owned by ScholarWare, and its structure, organization and code are the valuable trade secrets of ScholarWare. The Software is protected by United States Copyright Law and International Treaty provisions. You may not use any trademarks of ScholarWare without express written consent from ScholarWare or insofar as required to identify printed output produced by the Software, and in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. This EULA does not grant you any intellectual property rights in the Software.
5. Restrictions. You agree not to modify, tamper, adapt, translate, reverse engineer, decompile, disassemble or otherwise ATTEMPT to discover the source code, structure or design of the Software.
6. No Warranty. The Software is being delivered to you AS IS and ScholarWare makes no warranty as to its use or performance. SCHOLARWARE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. SCHOLARWARE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL SCHOLARWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN SCHOLARWARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
7. Governing Law and General Provisions. The laws of the State of Kentucky, U.S.A., excluding the application of its conflicts of law rules, will govern this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This EULA shall automatically terminate upon failure by you to comply with its terms. This EULA may only be modified in writing signed by an authorized officer of ScholarWare.
ScholarWare and TopScore Pro are registered trademarks of ScholarWare or its representatives.
YOUR ACCEPTANCE OF THE FOREGOING EULA WAS INDICATED DURING INSTALLATION.