THE McGRAW-HILL COMPANIES, INC.
END USER SOFTWARE LICENSE AGREEMENT
AND LIMITED WARRANTY
Notice: By installing, copying or otherwise using this Software you accept all the terms and conditions of this Agreement. Please read it carefully. If you do not agree to the terms and conditions of this Agreement, do not install, copy, or use this Software, please return the Software immediately, together with proof of purchase, to McGraw-Hill ("McGraw-Hill") at the address listed below and your money will be refunded.
McGraw-Hill authorizes you (as the "End-User", Purchaser, or "the Licensee") to use the enclosed computer programs and related materials (collectively, the "Software") delivered with this Agreement (and any authorized copies thereof) in accordance with the type of license you have purchased (the "License").
TYPES OF LICENSES
You are authorized to use this product on a single machine (Single User License) unless you have purchased a Site License, District License or a Network License. All authorized uses are in accordance with this Software License Agreement regardless of the additional License(s) purchased.
A Single User License permits you to use the Software for educational purposes on any compatible computer provided you use the Software on only one computer at a time. You may also make one (1) back-up copy of the Software for archival purposes. In the event You access the Software by and through McGraw-Hill server(s), You may only use the Software based on one (1) login to the server per each book purchased from McGraw-Hill.
You may have acquired a number of copies of the Software in a "Classroom Multimedia Set, Windows Bundle, Macintosh Bundle, Lab Pack or Package, Standard Package, Regular Program or School Version, or Building/2nd Copy" or other multiple copy package. However, as an End-User of multiple copies of the Software Program, you may use each Software program as furnished only in accordance with the terms of a Single User License.
A Site License permits you to make multiple copies of the Software and use the copies on multiple computers at the same time within a single Site location for internal educational purposes. Site Licenses may be "Unlimited" for the site or may specify the "number" of users at the site as specified by McGraw-Hill's catalog terms or other documentation for the Software purchased by you, and furnished by McGraw-Hill. A "Site" is defined as a single building or campus address of a teaching institution (not a School District ) occupying a single building or campus address. Any use outside of this single Site is not permitted, except for home use by students who attend school on this Site. You may transfer the Software to a different Site, but may not use the Software at more than one Site during any one time period except under a District License as defined below.
A District License applies to all Sites located within a single school district as a legal unit and authorizes the same uses and copying as are permitted under a Site License at each of the Site locations within the District for internal educational uses.
A Network License permits you to install and use the Software on a single network, multi-user system, file server or equivalent device at one time for internal educational use on the Site. Network Licenses may be "Unlimited" or may specify the "number" of users in the network, or other configurations as specified by McGraw-Hill's catalog terms or other documentation for the Software. You may transfer this Software to another Network located on the same Site or to another Site, but only if you delete the Software from the prior network.
You are not permitted to:
- Make copies of the Software (including related materials) for use on the Site, except as expressly permitted under the applicable License.
- Use the Software on other than a Single User License basis unless you have purchased a Site License, District License or Network License(s).
- Rent, lease, sublicense, timeshare, lend, donate, transfer, or otherwise distribute the Software or copies thereof to anyone outside of the specified Site or transfer your rights under this license except as expressly authorized in this Software License Agreement.
- Alter, adapt, translate, decompile, display, print, disassemble, or reverse engineer program code comprising the Software, or make derivative works based on the Software.
- Remove or obscure any copyright or trademark notice from the Software.
Copies can be made only as authorized above in machine readable form. Print copies of Software code are not authorized. All copyright and trademark notices must remain on all copies. All copies must be faithful reproductions. You are solely responsible for the content, quality and operation of all Software copies. Certain Software programs may be "copy protected" by special encryption coding that prevents copying or printing-out content.
SOFTWARE OWNERSHIP AND TITLE.
The Software is protected by copyright laws and international treaties. As the Licensee, you own the physical media (disk, floppy, CD-ROM, DVD-ROM, etc.) on which the Software is originally or subsequently recorded or fixed. McGraw-Hill, or its software suppliers, licensors or vendors, retains all title and ownership, including copyright, of the Software (including without limitation, images, video, audio, music, photographs, text, graphics, animations, and other content) recorded on the original media and all subsequent copies of the Software, regardless of the form or media in or on which the original, and other copies may exist. This Software License Agreement authorizes limited, nonexclusive use of the Software and is not a sale of the original Software or any copy thereof. McGraw-Hill retains all rights not expressly granted. This License Agreement is revocable in accordance with its terms.
U.S. GOVERNMENT RESTRICTED RIGHTS.
This Software is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as stated in subparagraph (c)(1)(ii) of the Rights of 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. Supplier is The McGraw-Hill Companies, Inc., New York , NY 10121
The Software is licensed only to you, and may be transferred to another party together with any Standard, Site, District, and Network Licenses purchased by you but only if the other party accepts all the terms and conditions of this Software License Agreement. Upon such transfer, you will no longer be authorized to use the Software under this Software License Agreement and the transferee is authorized to use Software only in accordance with the Licenses purchased by you. If you transfer the Software to another party, you must transfer the original media upon which the Software is recorded and all documentation, including this Software License Agreement. You must not use and must delete or destroy all copies of Software not transferred in accordance with these restrictions.
This Software License Agreement is effective until terminated by either party or upon expiration of the agreement between You and McGraw-Hill for the term of use of the Software (e.g. If the term is one (1) year, then this Software License Agreement terminates upon expiration of one (1) year term). You may terminate it at any time by ceasing use of the Software and by destroying the original and all other copies of the Software. This Software License Agreement will terminate automatically without notice from McGraw-Hill, if you fail to comply with any term or condition of this Software License Agreement. Upon termination you agree to destroy the original and all other copies of the Software, and all related materials.
LIMITED WARRANTY, REPLACEMENT AND DISCLAIMER.
McGraw-Hill warrants that the original media (disk, floppy, CD-ROM, DVD-ROM etc.) on which the Software is (are) recorded is free from defects in material and workmanship for ninety (90) days after the date the Software has been shipped to you. If during that period you cannot properly load or use the Software, you may return it together with proof-of-purchase (including date of purchase) to McGraw-Hill for replacement. If the Software is then available from McGraw-Hill, McGraw-Hill will replace the defective media and ship it (them) to you without charge if the defect has not resulted from an accident, abuse or misapplication. This replacement and/or the refund of monies paid to McGraw-Hill is at McGraw-Hill's option, and constitutes the only remedies available to you in the event that the media is (are) defective. This warranty and replacement policy does not apply to replacement of media that are copies of the original Software media.
If the Software becomes defective due to user damage, not factory defect, you must return the damaged product within five (5) years of the date of purchase together with a proof-of-purchase (including date of purchase). McGraw-Hill will replace the Software (if available) in accordance with its then current policies which may include a no-charge exchange (replacement) of the Software or an additional charge or upgrade fee depending upon the Software sought to be replaced.
Returns should be sent to:
220 East Danieldale Road
DeSoto , Texas 75115-2490
860 Taylor Station Road
Blacklick , OH 43004-9540
This Limited Warranty is in lieu of all other express warranties on media. This Software is licensed on an "as is" basis without warranty, and McGraw-Hill hereby specifically disclaims all express and implied warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. In no event shall McGraw-Hill or any other party who has been involved in the creation, production or delivery of the Software be liable for any indirect, special or consequential damages whatsoever (including without limitation, damages for loss of information, data, teaching time, business profits, business interruption, or any pecuniary loss) whether resulting from the selection and use, the inability to use the results or use, the documentation or performance of the software licensed hereunder or the provision of or failure to provide support services. In any case, McGraw-Hill's liability for any claim regarding this Software is limited to the original purchase price paid by you, the original Licensee, or Five Dollars ($5.00) per copy, whichever is greater. If you have entered into a Support Services Agreement, the terms of said Agreement will apply to support services.
Some states do not allow limitation or exclusion of implied warranties or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific rights, and you may also have other rights which may vary from state to state. To the extent allowed by applicable law, implied warranties, if any, on the Software, are limited to ninety (90) days.
Software support service, if any, shall be determined solely by McGraw-Hill. You acknowledge and agree that McGraw-Hill may, at its discretion, and without liability to you, alter or withdraw support for the Software, change the terms and conditions of this Software License Agreement, or any other License(s) purchased with the Software or may introduce new releases or versions of the Software. McGraw-Hill will make available to you such new releases or versions of the Software for a license fee and upon such other commercial terms and conditions as McGraw-Hill in its sole discretion shall determine.
The laws of the State of New York shall govern this Software License Agreement. The invalidity or unenforcability of any provision of this Software License Agreement shall not affect the other provisions hereof. This Software License Agreement constitutes the entire and exclusive agreement, and supersedes any and all prior agreements, proposals and representations, including any statements in advertising or promotional material between you and McGraw-Hill with regard to the Software and any other items contained in this package. No employee or agent of McGraw-Hill is authorized to modify this Software License Agreement or Limited Warranty.