END USER LICENSE AGREEMENT
Perkins Solutions provides you with certain software programs included with products and licenses your use the programs in accordance with this End User License Agreement (“EULA”). In addition, updated software may be available which you can download subject to this EULA. The license granted to you is nonexclusive and does not grant ownership rights. As a licensed user, you should understand that you do not own the program and the instructional materials that accompany the program. You are only licensed to use the program and instructional materials in accordance with the terms stated herein. When you become a licensed user, you assume sole responsibility for determining the appropriateness of the program for your purposes. You further assume sole responsibility for the installation, use, and results obtained from the program, and you assume complete responsibility for the selection, installation, use, and placement of hardware with which you use the program.
ACCEPTANCE OF THE LICENSE AGREEMENT
The terms and conditions of this Perkins Solutions EULA explain the legal relationship between Perkins Solutions and the individual and institutional purchasers of Perkins Solutions software. By using any software, you acknowledge that you have read this EULA, that you understand it, and that you agree to be bound by all of its terms and conditions. You further agree that this EULA is the complete and exclusive statement of the agreement between you and Perkins Solutions, and that this agreement supersedes any prior communications, understandings, representations, proposals, or agreements (whether oral or written), that may exist between you and Perkins Solutions.
If you choose not to accept the terms of this EULA, then you must promptly return the following items to Perkins Solutions: the software, all materials that may have been included with the Perkins Solutions software, and the receipt you received when you purchased the software. The money you paid for the software, minus shipping/handling fees, will be refunded to you.
COPYING THE PROGRAM
As a licensee, you may not copy, transfer, decompile, disassemble, or reverse engineer the program or create a derivative work, or allow the program to be copied or transferred, in part or in whole.. In the event the licensee copies, transfers, decompiles, disassembles, or reverse engineers the program or creates a derivative work for another person in any form, except as is specifically authorized, then the licensee's license to use the program shall be automatically terminated. The licensee may not install and use the program on more than one brailler. The licensee may copy the program for backup purposes to preserve the program.
The license being granted shall be effective until terminated. The Licensee may terminate the license at any time by destroying all copies of the program and all copies of related instructions, regardless of the form.
Additionally, this license is immediately terminated in the event the Licensee fails to comply with any term or condition of this EULA, whether or not Perkins Solutions has knowledge of the failure to comply. The licensee agrees to destroy all copies of the program together with all related instructions, regardless of form, at such time this EULA is terminated.
Any software provided to the licensee is being provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Perkins Solutions does not warrant that the functions contained in the program will meet the licensee's requirements or that the operation of the program will be uninterrupted or error free. However, Perkins Solutions warrants the media on which the program is furnished, to be free from defects in materials and workmanship, when in normal use, for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt. The limited warranty will be honored by Perkins Solutions provided that the media is properly stored in an area free of magnets and/or magnetic fields and provided that defects in the materials and workmanship of the media do not result from an act of God or other cause beyond the control of Perkins Solutions or the media manufacturer.
LIMITATION OF REMEDIES
Perkins Solutions's entire liability and the licensee's exclusive remedy shall be the replacement of any media under Perkins Solutions's limited warranty. In no event will Perkins Solutions be liable to the licensee for any damages, including any lost profits, loss of savings or any other incidental or consequential damages that may arise out of the use or inability to use the software or programs.
The licensee may not sublicense, assign, or transfer this license to another party. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this EULA shall be null and void and without any legal effect.
This EULA shall be governed by the laws of the Commonwealth of Massachusetts. In any litigation related to this EULA, the prevailing party shall be entitled to reimbursement of related costs including, but not limited, to reasonable attorney fees.
If you have questions concerning this EULA, contact Perkins Solutions at: Perkins School for the Blind, Perkins Solutions, 175 North Beacon Street, Watertown, MA 02472, or 617-924-3434.