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This License Agreement is a legal agreement between you the 'Holder'
(either an individual person or a single legal entity), who will be
referred to in this agreement as 'Holder' and Maths Practice P/L.
By installing, copying, downloading, accessing or otherwise using the
Software Product, 'The Holder' agrees to be bound by the terms of this
agreement. If 'The Holder' does not agree to the terms of this
agreement, do not install, access or use the software; instead, 'The
Holder' should return it to the place of purchase.
SOFTWARE PRODUCT LICENSE
This Software is protected by intellectual property laws and treaties.
The Software is licensed, not sold.
A license for the Software Product may not be shared.
Licenses are not transferable.
LICENSE TYPES:
'Demonstration and/or Evaluation License'
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The software can be installed on one single computer, device,
workstation, terminal, or other digital electronic, or analogue device
that is owned by 'The Holder' for the purpose of evaluation for a period
not exceeding 21 days. At the conclusion of the trial period the
software must be removed unless a license is obtained to extend the
license period.
'Maths Practice Helper Series' Software Range
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The software can be installed on one single computer, device,
workstation, terminal, or other digital electronic, or analogue device
that is owned by 'The Holder'. The 'Maths Practice Helper Series'
Software Range license can only be used by one person or immediate
family member.
'Student License' or 'Single User License'
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The software can be installed on one single computer, device,
workstation, terminal, or other digital electronic, or analogue device
that is owned by 'The Holder'. A 'Student License' or 'Single User
License' can only be used by one person or immediate family member.
If 'The Holder' is a registered business, company, corporation, school
or other organisation or body that provides a service to multiple people
or derives income from use of the software in any manner, then a
separate license is required for each person who will use the software,
or, an 'Extended Site License' should be purchased.
'Extended Site License'
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The software can be installed on any computer, device, workstation,
terminal, network server or other digital electronic, or analogue device
that is owned by 'The Holder' at one geographic site. Where 'The Holder'
is located on several or split geographic sites, a separate license will
be needed for each site.
The original 'Holder' of an 'Extended Site License', may distribute the
software to any full time employees and currently enrolled students
under this agreement for single usage by that person at their nominated
residence.
Distributed copies can not be sold for commercial gain, however the
original Extended Site License 'Holder' may at their discretion charge
its students and employees a fair and reasonable handling free to cover
media and replication costs.
The recipient of distributed software is not permitted to further
distribute the software.
LICENSE TERM / PERIOD:
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Evaluations should be limited to 21 days.
'Maths Practice Helper Series Software' is licensed indefinitely to the
original purchaser.
'Student License' or 'Single User License' and 'Extended Site License'
software products are licensed to the 'Holder' on a renewable three
period or other term as may be set at time of purchase. The software
will be disabled at the conclusion of the purchased license period. If
the 'Holder' wishes to extend, renew or alter the license period, a new
serial key will be required. Any extension, renewal or alterations to
the license period will be subject to the same terms and conditions as
this agreement.
COPYRIGHT WARNING:
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This computer program is protected by copyright law. Unauthorised
reproduction or distribution of this program, or any portion of it, may
result in civil and criminal penalties.
If you are unsure of license authenticity or conditions contact Maths
Practice P/L for clarification. Maths Practice P/L can be cemailed at
or visit www.mathspractice.com.au
Maths Practice constantly updates it software to reflect current
teaching practices and makes sure that new versions are available and
supported on the most recent operating systems.
Due to new operating systems being introduced every few years, it is not
possible to predict the compatibility of new environments to this
software.
* System Date 'Clocking'
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The software should not be used on systems that require their system
dates to be altered for testing or other purposes.
As part of enforcing licensing durations, the software will try to
detect if the computer system it is installed on has been 'clocked'
backwards. In the event that this activity is detected the software will
be disabled. In such cases it might be necessary to re-format the system
as reinstallation of the software alone may not rectify the problem.
Evaluation Versions have the following restrictions imposed.
* Changes can not be made to number sets used in modules
* Printing of results is disabled
* The number of questions per module is restricted to 3 at a time
* And the registration form pops up regularly.
LIMITATIONS OF RESPONSIBILITY
The Holder will indemnify, Maths Practice and its employees, agents and
distributors against any and all claims, proceedings, demand and costs
resulting from or in any way connected with your use of this Software.
Under no condition or event will Maths Practice, its employees, agent or
distributors, be liable for any consequential, incidental, indirect,
special or punitive damages whatsoever (including, without limitation,
damages for loss of profits, loss of use, business interruption, loss of
information or data, or pecuniary loss), in connection with or arising
out of or related to this Agreement, this Software or the use or
inability to use this Software or the furnishing, performance or use of
any other matters hereunder whether based upon contract, tort or any
other theory including negligence.
Maths Practice entire liability, without exception, is limited to the
replacement of the software with a newer version if available or
reimbursement of the purchase price of the Software (maximum being the
lesser of the amount paid by you and the suggested retail price as
listed by Maths Practice) in exchange for the return of the product, all
copies, registration papers and manuals, and all materials that
constitute a transfer of the license from the Holder to Maths Practice.
Disclaimer: In no way does the Maths Practice claim to be the original
creator of all the graphics and clipart pieces used in the software.
Some are believed to be from the public domain and freely distributable.
Should any entity claim and prove original ownership of any material,
Maths Practice will acknowledge that entity in subsequent releases of
the software or if required withdraw the graphics from subsequent
releases.
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