Software End User License

Software End User License

THIS SOFTWARE END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND KNOWLEDGE BY DESIGN, INC. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN SELECT THE “CANCEL” BUTTON, DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND WITHIN 14 DAYS OF PURCHASE.

1. Definitions

The following definitions apply to the terms as they appear in this Agreement:

(a) The Software Program ("Program") means the computer code, data, images, interface, and documentation inclusive of all components of the product included in this package.

(b) Data (“Data”) means the citation and decriptors associated with each reference gathered from the periodic literature.

(c) Annual Subscription (“Subscription”) means the annual renewal of the licensing fee required to obtain periodic updates of the Program and Data.

2. License Grant

Knowledge by Design, Inc. grants you a nonexclusive license to use the software for personal use only:

(a) The Program may be installed and used on two computers owned by the user. A license for the Program may not be shared, installed, or used concurrently on different computers.

(b) Make one copy of the Program in machine-readable form solely for backup purposes. You must reproduce, on any such copy, all copyright notices and any other proprietary legends on the original copy of the Program.

(c) Use the data provided by the Subscription during the period of time that the licensing fee has been paid. Failure to renew the licensing fee will result in cessation of software and data updates.

(d) Obtain from Knowledge by Design, Inc. free telephone support for a period of 30 days following the purchase of the Program.

3. License Restrictions

(a) Other than as set forth previously in Section 2, you may not make or distribute copies of the Program, or electronically transfer the Program from one computer to another or over a network.

(b) You may not alter, merge, modify, adapt or translate the Program, or decompile, reverse engineer, disassemble, or otherwise reduce the Program to a human-perceivable form. You may not modify the Software or create derivative works based upon the Software.

(c) You may not rent, lease, or sublicense the Program.

(d) Use the Program with the intent to violate any of Knowledge by Design's user licensing schemes.

4. Copyright and Other Restrictions

5. Disclaimer of Warranty

THIS PROGRAM IS SOLD WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. BECAUSE OF THE DIVERSITY OF CONDITIONS AND HARDWARE UNDER WHICH THIS PROGRAM MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE USER IS ADVISED TO TEST THE PROGRAM THOROUGHLY BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. ANY LIABILITY OF SELLER OR MANUFACTURER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF THE PURCHASE PRICE. NO KNOWLEDGE BY DESIGN, INC. DISTRIBUTOR, DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.

6. No Liability for Consequential Damages

In no event will Knowledge by Design, Inc., its licensees, distributors or dealers be liable for direct, incidental or consequential damages, including but not limited to damages resulting from loss of data or business opportunities, resulting from the Program, either alone or in conjunction with other programs.

7. General

This Agreement constitutes the entire Agreement between the user and Knowledge by Design, Inc. It is governed by the laws of the State of Florida.

8. Restricted Rights Legend

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 in DFAR 52.227-7013 or the equivalent clause in FAR 52.227-14, whichever is applicable.

9. Additional Information

For more information on obtaining additional licenses or purchasing other products and support, please contact:

Knowledge by Design, Inc.

12001 Research Parkway, Suite 236

Orlando FL 32826

http://www.knowledge-by-design.com

support@knowledge-by-design.com

407/502-0180