CONTENT LICENSE for SOFTUTOR LEARNING PLAYER
Some content is licensed CC-BY by Mo Hax @ imohax.com
Some content is licensed CC-BY by Randy Hilgers @ K-12Kids.com
Some content is licensed CC-BY-NC-SA by nvsi.com
Please contact us prior to using any content outside of this product.
The SofTutor Learning Player (“Software”) is provided as is, at no cost to schools, organizations and qualifying NFP’s (“School”). Schools may redistribute this Software to students, faculty and staff within their schools. At this time this software is not available for home use or use outside of the School, other than being loaded on portable School computers which may be removed from the property. Each School needs to assign one person as the point of contact who needs to register the Software within 90 days. The software may expire in less than 90 days. NVSI may offer updated license keys, updated Software or terminate this program at any time without notice.
Corporations may use this Software for evaluation purposes until it expires, then they must remove it from all computers.
This Software is not supported (although there is a user forum at http://iste-members.ning.com/group/softutor)
Schools may at any time upgrade this to a full license, receive support, maintenance and updates as they are available, after which time the software may be installed on servers.
Current Prices can be found at http://softutor.stores.yahoo.net/academic.html
NEW VISION SOFTWARE, INCORPORATED - DOWNLOAD LICENSE AGREEMENT
THIS LICENSE AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND NEW VISION SOFTWARE, INC. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE ENCLOSED SOFTWARE. IF YOU ACCEPT THE AGREEMENT BY CLICKING THE ICON ENTITLED “NEXT” IN THE PAGE OF THE INSTALLATION PROCESS FOR THE SOFTWARE (AS DEFINED BELOW) WHERE YOU ARE ASKED TO ACCEPT THE AGREEMENT, OR IF YOU OTHERWISE INSTALL, COPY, USE, DOWNLOAD OR ACCESS THE ENCLOSED SOFTWARE IN ANY MANNER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, SELECT NO IN THE LICENSE AGREEMENT BOX.
License. The software (including associated data, files, libraries and databases) accompanying this Agreement (the “Software”) and accompanying documentation which New Vision Software, Inc. ("NVSI ") has licensed to you are owned by NVSI, and/or its licensors, and are subject to the following terms. By downloading and/or installing the demo SOFTWARE, NVSI hereby grants you a personal, nonexclusive, non-transferable license (the “License”) to use the Software in object code form only, and the accompanying documentation, only for your internal use, and only on one personal computer, workstation or seat provided that you are the only person using the SOFTWARE. You agree to not distribute this self installing demo. However, you may share a link to the NVSI website with others who can register and download their own version. If you do not upgrade this demo to a full license, you agree to uninstall and remove this demo SOFTWARE, within 45 days after the demo period has expired. The Software is licensed, not sold, to you. NVSI shall not be responsible for procuring, installing or maintaining any equipment, communications interfaces or other hardware or third party software necessary to operate the Software.
Ownership. Subject to the rights granted to you herein, all right, title and interest in and to the Software, including without limitation all patents, copyrights, trademarks, trade secrets and other proprietary rights incorporated or embodied therein, shall at all times remain the sole and exclusive property of NVSI. No right to use, distribute, rent, lease, lend, supply, market, print, copy, display, or alter the Software, in whole or in part, is hereby granted to you except as expressly provided in this Agreement. No ownership right is granted to you to any intellectual property or confidential information related to the Software. You may not decompile, disassemble, extract any source code from, or reverse engineer the Software. You may not use the Software in any time sharing or service bureau context. NVSI will own all rights in and to any copy, modification, adaptation, translation or enhancement of, or derivative work based upon, the Software, whether made by or for you. If you use, copy, or modify the Software or transfer possession of any copy, adaptation, transcription, or merged portion of the Software to any other party in any way not expressly authorized by NVSI, the License shall be automatically terminated. Portions copyrighted 1998-2008 Bentley Systems, Inc. Portions copyrighted 1998-2008 Autodesk, Inc. Portions copyrighted 2007 Microsoft, Inc. Portions copyrighted 2005 Google, Inc.
Fees. In consideration for the license of the Software, you will pay NVSI the fees set forth in the Order Form for the Software or otherwise specified by NVSI. Unless otherwise specified in the Order Form, all fees shall be paid within thirty (30) days of receipt by you of an invoice for the fees. Any fees not paid within such thirty (30) day period shall accrue interest at the lesser of 1.5% per month or the highest amount permitted by applicable law until such amounts are paid in full. Unless otherwise agreed in writing by NVSI, you will provide NVSI the opportunity, no more than twice per year, to review your books and records for the purpose of verifying your compliance with this Agreement.
Support. NVSI’s support obligations, if any, are described in the Order Form, if any. If no Order Form is used with the Software, NVSI shall have no support obligations with respect to the Software, except as expressly set forth herein. Note that NVSI provides support only for the Software, and not for the underlying third-party software to which the Software relates. For support of such third-party software, you should refer to your license agreement for such software.
Confidential Information. You acknowledge that you will receive certain confidential information of NVSI and/or its licensors, including the Software and Documentation and the terms of this Agreement and the Order Form, and you agree not to disclose such confidential information to any other party and to use at least the same degree of care to maintain the confidential nature of such information as you use to maintain the confidentiality of your own confidential information.
Publicity. Unless otherwise agreed in writing by NVSI, you hereby grant NVSI permission to identify you as a licensor of the Software in its publicity and marketing materials and efforts.
Limited Warranty. For a period of thirty (30) days from the date that you enter into this Agreement, NVSI warrants that the media containing the Software will be free from defects in materials and workmanship. If the media is defective, you may return the media to NVSI, and NVSI will provide you with conforming replacement media.
Disclaimer of Warranty. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVSI NEITHER GRANTS NOR MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE OR ANY SERVICES PROVIDED BY NVSI IN CONNECTION THEREWITH. NVSI DOES NOT WARRANT THE PERFORMANCE OF THE SOFTWARE WHEN USED IN CONNECTION WITH ANY OTHER HARDWARE OR SOFTWARE. FURTHERMORE, NVSI EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NVSI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL OPERATE IN ANY SPECIFIC SYSTEM ENVIRONMENT. YOU MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
No Consequential Damages; Limitation of Liability. IN NO EVENT WILL NVSI BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND REGARDLESS OF WHETHER NVSI HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GOODWILL, MONEY, LOST PROFITS, LIABILITY OR INJURY TO THIRD PERSONS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF WARRANTY OR RELATED REMEDIES, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL NVSI’S AGGREGATE LIABILITY HEREUNDER EXCEED THE LICENSE FEES ACTUALLY PAID TO NVSI FOR THE SPECIFIC SOFTWARE LICENSED TO YOU THAT DIRECTLY CAUSED THE ALLEGED INJURY WITHIN THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE INJURY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Termination. NVSI shall have the right, but not the obligation, to terminate this Agreement following receipt by NVSI of notice that you have (i) failed to make any payments of license fees for the Software or (ii) breached any other provision of this Agreement. The Order Form may grant NVSI and/or you additional rights to terminate this Agreement or the Order Form. Upon termination of this Agreement, your license in the Software will terminate, and you must immediately cease all use of the Software and promptly return all Software and all other confidential information of NVSI provided to you, all copies thereof and all materials pertaining thereto, to NVSI.
Compliance with Applicable Law. You agree that your use of the Software, including any exportation of the Software or any use of the Software outside of the United States, will comply with all applicable United States and foreign laws, rules and regulations. The software is protected by US license and copyright laws and use of the software without appropriate authorization, enabling user beyond the contracted limit, using the software beyond the contracted timeframe or use of the software without payment will result in you being exposed to legal proceedings. NVSI uses outside monitoring companies to periodically check compliance with their licensing arrangements and both NVSI and their external auditors are hereby granted permission to audit your compliance.
Notice. All notices provided for under this Agreement will be treated as given (i) when delivered personally or sent by nationally recognized overnight courier, on the next business day after such delivery or after delivery to the courier during normal business hours, or (ii) when mailed postage prepaid by certified or registered mail, return receipt requested, on the fifth business day after the date of posting. All notices shall be sent to the addresses on the Order Form, if any, or such other address as is noted in the packaging and documentation included with the Software, or such other address of which a party notifies the other party in accordance with this provision.
Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of laws. The parties irrevocably submit themselves to the non-exclusive jurisdiction of the courts of the State of Illinois and the United States District Court for the Northern District of Illinois for the purpose of bringing any action that may be brought in connection with this Agreement. The parties agree that they shall not assert any claim that they are not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument.
Independent Contractors. The relationship of the parties shall be that of independent contractors, and neither party to this Agreement shall have the authority, express or implied, to act for or bind or otherwise obligate the other in any manner whatsoever.
Modification. No modification of this Agreement shall be binding unless it is in writing and is signed by both parties.
Injunctive Relief. You acknowledge that, in the event of a breach of any provision of this Agreement by you, NVSI will not have an adequate remedy in money or damages. NVSI shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request without posting bond. NVSI's right to obtain injunctive relief shall not limit its right to seek further remedies.
Assignment. You may not assign this Agreement or any of your rights hereunder (by operation of law or otherwise) without NVSI's prior written consent. NVSI may assign this Agreement without your consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective legal representatives, successors and permitted assigns.
Entire Agreement. The Order Form, if any, is incorporated by reference into this Agreement. This Agreement and the accompanying Order Form constitute the entire understanding and agreement of the parties with respect to the subject matter here of, and supersede any and all prior or contemporaneous representation, understandings and agreements, between the parties. In the event of a conflict between this Agreement and the Order Form, the terms of the Agreement shall govern.
Waiver. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.
Severability. In the event that any terms (or any portion thereof) of this Agreement are declared invalid or void by any court or tribunal of competent jurisdiction, such term or portion thereof shall be deemed severed from this Agreement and all the remaining terms and portions thereof of this Agreement shall remain in full force and effect.
Force Majeure. Except for the payment of money, neither party will be liable for any failure or delay in performance under this Agreement due to an event beyond such party’s reasonable control.
U.S. Government Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the 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 for such purpose is New Vision Software, Inc.
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