_____________________________________________________ Please read the following License Agreement for Merriam-Webster's Spelling Checker and click Accept to proceed with the installation. _____________________________________________________ Merriam-Webster License Agreement NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND CONTAINERS) TO THE LOCATION WHERE YOU OBTAINED THEM FOR A FULL REFUND. 1. License Grant. Merriam-Webster, Incorporated ("Merriam") grants to you (either as an individual or entity) a personal, non-transferable, and non-exclusive right to use the copy of the object code version of the SOFTWARE provided with this license. The term of this agreement will be for the duration of Merriam's copyright in the SOFTWARE. You agree you will not copy the SOFTWARE except as necessary to use it on not more than two single computers in accordance with the terms of this license. You may install the SOFTWARE on not more than two computers, provided that there is no possibility that the SOFTWARE can be used on more than one computer at any given time. You agree that you may not copy the written materials accompanying the SOFTWARE. You may assign your rights under this Agreement to a third party who agrees in writing to be bound by this Agreement prior to the assignment and provided that you transfer all copies of the SOFTWARE and related documentation to the third party or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this Agreement. 2. Copyright. You acknowledge that no title to the copyright of, or other intellectual property rights relating to, the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Merriam, and you will not acquire any rights to the SOFTWARE except as expressly set forth above. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE. 3. Reverse Engineering. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting, to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part. 4. Limited Warranty. Merriam warrants that the SOFTWARE will perform substantially in accordance with the accompanying documentation and that the documentation and diskettes are free from any physical defects for a period of ninety (90) days from the date of purchase ("Limited Warranty"). EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MERRIAM MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO 90 DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. 5. No Liability for Consequential Damages. IN NO EVENT SHALL MERRIAM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE MERRIAM SOFTWARE, EVEN IF MERRIAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MERRIAM'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU. 6. Customer Remedies. Merriam's entire liability and your sole and exclusive remedy with respect to the SOFTWARE shall be, at Merriam's option, either to (a) correct the error, (b) help you work around or avoid the error or (c) authorize a refund, so long as the SOFTWARE documentation and diskettes are returned to Merriam with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period. 7. Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. 8. Export. You agree that you will not export or re-export the SOFTWARE without the appropriate United States or foreign government licenses. 9. Governing Law. This Agreement will be governed by the laws of Massachusetts as they are applied to agreements between Massachusetts residents entered into and to be performed entirely within Massachusetts. 10. Entire Agreement. This is the entire agreement between you and Merriam which supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement.