End User License Agreement
The following is the End User License Agreement for our Feed Me - PencilBot Preschool apps:
This electronic copy of FEED ME! - PENCILBOT PRESCHOOL ("the Product") and accompanying documentation is licensed and not sold to you. This Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. EDUTAINMENT RESOURCES, INC. or its subsidiaries, affiliates, and suppliers (collectively "Licensor", “us”, “we” or “our”) own intellectual property rights in the Product. The Licensee's ("you" or "your") license to download, use, or copy the Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance of Terms and Conditions to Downloading the Product
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE PRODUCT OR BY INSTALLING, USING, OR COPYING THE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Product on each of the devices (e.g., computer or mobile device) specified in the purchase agreement. In addition, you may make one archival copy of the Product. The archival copy must be on a storage medium other than a hard drive and may only be used for the reinstallation of the Product on those devices. On a system that allows shared use of applications, on a multi-user network, or on any configuration or system of devices that allows multiple users, the maximum number of users and devices must not exceed the number specified in the purchase agreement. We reserve all rights to the Product not expressly granted to you herein.
Restrictions on Transfer
Without first obtaining our express written consent, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Product.
Restrictions on Use
You may not use, copy, or install the Product on any system with more than device, or permit the use, copying, or installation of the Product by more than one user or on more than one device unless a license has been purchased for additional devices. If you hold multiple, validly licensed copies, you may not use, copy, or install the Product on any system with more than the number of devices permitted by license, or permit the use, copying, or installation by more users, or on more devices than the number permitted by license.
Restrictions on Alteration
You may not modify the Product or create any derivative work of the Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in device memory and not permanently affixed on storage medium. You may make one archival copy, which must be stored on a medium other than a computer hard drive.
Limited Product Warranty
For a period of 30 days from the date you download the Product, we warrant that when properly installed and used under normal conditions, the Product will perform substantially as advertised.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY US, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN ANY LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE PRODUCT.
We make no warranty that the Product will meet your requirements or operate under your specific conditions of use. We make no warranty that operation of the Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SUITABILITY, SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE PRODUCT TO MEET YOUR REQUIREMENTS. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY DEVICE OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF LICENSOR OR ANY OTHER PARTY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS OUR ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Product. Election of whether to correct or replace shall be solely our discretion. We reserve the right to substitute a functionally equivalent copy of the Product as a replacement. If we are unable to provide a replacement or substitute Product or corrections to the Product, your sole alternate remedy shall be a refund of the purchase price for the Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage we determine to have been caused by you. All limited warranties on the Product are granted only to you and are non-transferable. You agree to indemnify and hold us harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Severability
This Agreement is governed by the laws of Hawaii, without regard to Hawaii's conflict or choice of law provisions. If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, such restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Termination
Your rights under this Agreement are terminable by us at anytime if you breach any terms herein and will automatically terminate without notice from us if you fail to comply with any term(s) of this Agreement. Upon termination, you shall immediately cease all use of the Product and destroy all copies.
This electronic copy of FEED ME! - PENCILBOT PRESCHOOL ("the Product") and accompanying documentation is licensed and not sold to you. This Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. EDUTAINMENT RESOURCES, INC. or its subsidiaries, affiliates, and suppliers (collectively "Licensor", “us”, “we” or “our”) own intellectual property rights in the Product. The Licensee's ("you" or "your") license to download, use, or copy the Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance of Terms and Conditions to Downloading the Product
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE PRODUCT OR BY INSTALLING, USING, OR COPYING THE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Product on each of the devices (e.g., computer or mobile device) specified in the purchase agreement. In addition, you may make one archival copy of the Product. The archival copy must be on a storage medium other than a hard drive and may only be used for the reinstallation of the Product on those devices. On a system that allows shared use of applications, on a multi-user network, or on any configuration or system of devices that allows multiple users, the maximum number of users and devices must not exceed the number specified in the purchase agreement. We reserve all rights to the Product not expressly granted to you herein.
Restrictions on Transfer
Without first obtaining our express written consent, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Product.
Restrictions on Use
You may not use, copy, or install the Product on any system with more than device, or permit the use, copying, or installation of the Product by more than one user or on more than one device unless a license has been purchased for additional devices. If you hold multiple, validly licensed copies, you may not use, copy, or install the Product on any system with more than the number of devices permitted by license, or permit the use, copying, or installation by more users, or on more devices than the number permitted by license.
Restrictions on Alteration
You may not modify the Product or create any derivative work of the Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in device memory and not permanently affixed on storage medium. You may make one archival copy, which must be stored on a medium other than a computer hard drive.
Limited Product Warranty
For a period of 30 days from the date you download the Product, we warrant that when properly installed and used under normal conditions, the Product will perform substantially as advertised.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY US, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN ANY LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE PRODUCT.
We make no warranty that the Product will meet your requirements or operate under your specific conditions of use. We make no warranty that operation of the Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SUITABILITY, SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE PRODUCT TO MEET YOUR REQUIREMENTS. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY DEVICE OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF LICENSOR OR ANY OTHER PARTY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS OUR ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Product. Election of whether to correct or replace shall be solely our discretion. We reserve the right to substitute a functionally equivalent copy of the Product as a replacement. If we are unable to provide a replacement or substitute Product or corrections to the Product, your sole alternate remedy shall be a refund of the purchase price for the Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage we determine to have been caused by you. All limited warranties on the Product are granted only to you and are non-transferable. You agree to indemnify and hold us harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Severability
This Agreement is governed by the laws of Hawaii, without regard to Hawaii's conflict or choice of law provisions. If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, such restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Termination
Your rights under this Agreement are terminable by us at anytime if you breach any terms herein and will automatically terminate without notice from us if you fail to comply with any term(s) of this Agreement. Upon termination, you shall immediately cease all use of the Product and destroy all copies.