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Princeton Review Software License Agreement
This License Agreement is your proof of license. Please treat it as
valuable property.
LICENSE AGREEMENT
This is a legal agreement between you (either an individual or an
entity), the end user, and the Princeton Review Publishing, L.L.C., (TPRP).
By using the software enclosed, you and any transferees and/or multiple
licensees hereunder agree to be bound by the terms of this Princeton
Review License Agreement. If you do not agree to its terms, promptly
return the disk package and accompanying items (including written
materials and binders or other containers) to the place you obtained
them for a full refund.
PRINCETON REVIEW SOFTWARE LICENSE
1. GRANT OF LICENSE This Princeton Review License Agreement
(License) permits you to use one copy of the specified version of the
Princeton Review software product identified above (SOFTWARE)
on any single computer, provided the SOFTWARE is in use on only
one computer at any time. If you have multiple Licenses for the
SOFTWARE, then at any time you may have as many copies of the
SOFTWARE in use as you have Licenses. The SOFTWARE is
in use on a computer when it is loaded into the temporary memory (i.e.,
RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or
other storage device) of that computer, except that a copy installed on a
network server for the sole purpose of distribution to other computers is
not in use. If the anticipated number of users of the SOFTWARE will
exceed the number of applicable Licenses, then you must have a reasonable
mechanism or process in place to ensure that the number of persons using
the SOFTWARE concurrently does not exceed the number of Licenses. If the
SOFTWARE is permanently installed on the hard disk or other storage
device of a computer (other than a network server) and one person uses
that computer more than 80% of the time it is in use, then that person
may also use the SOFTWARE on a portable or home computer.
2. COPYRIGHT The SOFTWARE is owned by TPRP or its suppliers and is
protected by United States copyright laws and international treaty
provisions. Therefore, you must treat the SOFTWARE like any other
copyrighted material (e.g., a book or musical recording) except that you
may either (a) make one copy of the SOFTWARE solely for backup or
archival purposes, or (b) transfer the SOFTWARE to a single hard disk
provided you keep the original solely for backup or archival purposes.
You may not copy the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS This License is your proof of license to exercise
the rights granted herein and must be retained by you. You may not rent
or lease the SOFTWARE, but you may transfer your rights under this
License on a permanent basis provided you transfer this License, the
SOFTWARE, and all accompanying written materials and retain no copies,
and the recipient agrees to the terms of this License. You may not
reverse engineer, decompile, or disassemble the SOFTWARE. Any transfer of
the SOFTWARE must include the most recent update and all prior versions.
LIMITED WARRANTY
4. LIMITED WARRANTY. TPRP warrants that (a) The SOFTWARE will perform
substantially in accordance with the accompanying written materials for a
period of ninety (90) days from the date of receipt; and (b) any hardware
accompanying the SOFTWARE will be free from defects in materials and
workmanship under normal use and service for a period of one (1) year
from the date of receipt. Any implied warranties on the SOFTWARE and
hardware are limited to ninety (90) days and one (1) year, respectively.
Some states or jurisdictions do not allow limitations on duration of an
implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. TPRP's entire liability and your exclusive remedy
shall be at TPRP's option, either (a) return of the price paid or (b)
repair or replacement of the SOFTWARE or hardware that does not meet
TPRP's Limited Warranty and that is returned to TPRP with a copy of your
receipt. This Limited Warranty is void if failure of the SOFTWARE or
hardware has resulted from accident, abuse, or misapplication. Any
replacement SOFTWARE will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. These remedies
are not available outside the United States of America.
NO OTHER WARRANTIES. TPRP disclaims all other warranties, either express
or implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose with respect to the
SOFTWARE, the accompanying written materials, and any accompanying
hardware. This limited warranty gives you specific legal rights. You may
have others, which vary from state or jurisdiction to state or
jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall TPRP or its
suppliers be liable for any damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption,
loss or business information, or other pecuniary loss) arising out of the
use or inability to use this TPRP product, even if TPRP has been advised
of the possibility of such damages. Because some states or jurisdictions
do not allow the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. 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 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. Contractor manufacturer is PRP,
50 Mall Road, Burlington, MA, 01803. This Agreement is governed by the laws of the
State of New York. For more information about TPRP's licensing policies,
please call Customer Service at (800) 546-2102, or write:
Princeton Review Publishing
Customer Sales and Service
50 Mall Road
Burlington, MA 01803