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LICENCE AGREEMENT AND LIMITED WARRANTY
1. Ownership of materials and copies
The Materials and related documentation are copyrighted works of authorship, and are also protected under applicable database laws. York Instructional Services retains ownership of the Materials and all subsequent copies of the Materials, regardless of the form in which the copies may exist. This licence is not a sale of the original Materials or any copies.
2. Licence
2.1. Trial Licence
When you download the Materials it comes with a Trial Licence, York Instructional Services hereby grants to you a limited, non-exclusive licence to:
2.1.1. install the Materials on a webserver for trial and evaluation;
2.1.2. make and distribute copies of the Materials.
2.2. Full Licence
Provided that you have paid the applicable licence fee (and subject to the other terms and conditions of this Licence Agreement), York Instructional Services hereby grants to you, strictly for your own purposes, a limited, non-exclusive licence for a single DOMAIN.
2.2.1. The License is for use on a SINGLE DOMAIN only.
3. Limited Support
York Instructional Services shall make available to you (at such times and to such extent as York Instructional Services may, in its sole discretion, deem reasonable) email and online support services for a period of 2 years from the date of purchase of the License.
4. Licence restrictions
You may not use, copy, modify or transfer the Materials (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Materials. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Materials.
5. No transfer
The Materials are licensed only to a SINGLE DOMAIN. You may not use the same for remote hosting, ASP services without the prior written consent of York Instructional Services.
6. Undertakings
You undertake to hold all drawings, specifications, data (including object and source codes), software listings and all other information relating to the Materials confidential and not at any time, during this licence or after its expiry, disclose the same, whether directly or indirectly, to any third party without York Instructional Services's consent.
7. Limited warranty
7.1. Subject to the limitations and exclusions of liability below, York Instructional Services warrants that (a) the Hard Media on which the Materials are furnished will be free from material defects under normal use; and that (b) the copy of the program will materially conform to the documentation which accompanies the program.
7.2. York Instructional Services will also indemnify you for personal injury or death solely and directly caused by any defect in its products or the negligence of its employees.
7.3. York Instructional Services shall not be liable under the said warranty above if the Materials fail to operate in accordance with the said warranty as a result of any modification, variation or addition to the Materials not performed by the York Instructional Services or caused by any abuse, corruption or incorrect use or installation of the Materials, including use of the Materials with equipment or other software which is incompatible.
8. No other warranties
8.1. The foregoing warranty is made in lieu of any other WARRANTIES, REPRESENTATIONS OR GUARENTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT or ability to achieve a particular result. You assume the entire risk as to the quality and performance of the Materials. Should the Materials prove defective, you (and not the York Instructional Services nor any licensed reseller) assume the entire cost of all necessary servicing, repair or correction.
8.2. York Instructional Services does not warrant that the Materials will meet your requirements or that its operation will be uninterrupted or error free.
9. Limitation of liability
York Instructional Services's entire liability and your exclusive remedy shall be:
9.1. the replacement of any Hard Media not meeting York Instructional Services's ‘Limited Warranty' and which is returned to York Instructional Services together with dated proof of purchase; or
9.2. if, during the Warranty Period, York Instructional Services is unable to deliver replacement Hard Media which is free of material defects, you may terminate this Licence Agreement by returning the Materials to York Instructional Services and any money you paid to York Instructional Services for the Materials will be refunded less any credit card transaction fee incurred by York Instructional Services.
10. Exclusion of liability
10.1. Except in respect of personal injury or death caused directly by the negligence of York Instructional Services, in no event will York Instructional Services be liable to you or any third party for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Materials, even if York Instructional Services has been advised of the possibility of such damages. Nothing in this Licence Agreement limits liability for fraudulent misrepresentation.
10.2. Without prejudice to any other provisions of this Licence Agreement you hereby expressly acknowledge that the software is not infallible.
11. Your statutory rights
This licence gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this Licence Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (ie a purchaser for private as opposed to business, academic or government use) are not affected.
12. Term
The licence is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies in any form. It will also terminate upon conditions set out elsewhere in this Licence Agreement or if you fail to comply with any term or condition of this Licence Agreement or if you voluntarily return the Materials to us.
13. Export
You will comply with all applicable laws, rules, and regulations governing export of goods and information, including the laws of the countries in which the Materials were created. In particular, you will not export or re-export, directly or indirectly, separately or as a part of a system, the Materials or other information relating thereto to any country for which an export licence or other approval is required, without first obtaining such licence or other approval.
14. General
14.1. This Licence Agreement constitutes the complete and exclusive statement of the Agreement between York Instructional Services and you with respect to the subject matter of this Licence Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
14.2. Any clause in this Licence Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Licence Agreement shall not be affected by that deletion.
14.3. Failure or neglect by either party to exercise any of its rights or remedies under this Licence Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this Licence Agreement nor prejudice that party's right to take subsequent action.
14.4. This Licence Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Licence Agreement or any right or obligation under it without the York Instructional Services's prior written consent.
14.5. Interpretation and enforcement of this Licence Agreement will be governed by the laws of the state of California (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Sacramento County, California for any action arising out of or relating to your use of the Service. The federal and state courts of Sacramento County, California will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.
Should you have any questions concerning this Licence Agreement you may contact
York Instructional Services
7236 Greenhaven Drive #161
Sacramento CA. 95831
Email: Policy@OnlinExamServices.com.
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