J. Banfill grants to you a non-exclusive and non-transferable license for the internal use only of the accompanying Software. The Software consists of, but is not limited to, computer readable files containing hypertext markup language (HTML) and included javascript programs. You have no right to distribute the Software in any manner or form or by any means whatsoever.
One copy of the AAA Math Home Edition Software may either be used (1) by a single person who uses the Software personally on one or more computers, or (2) by multiple people non-simultaneously on a single workstation, but not both. The AAA Math Classroom Edition Software allows the owner to install the Software on all computers in one classroom. The AAA Math School Edition Software allows the owner to install the Software on all the computers that are used at one school location. A school location is one school building or several school buildings that are immediately adjacent to each other on a single school campus.
You may access the Software through a private network (intranet), provided that you follow the license guidelines stated above.
By accepting this license agreement, you agree to not make any of the Software available for use on or downloadable from any public accessible network such as the internet or world wide web.
The Software is confidential and copyrighted. Title to the Software and all associated intellectual property rights is retained by J. Banfill. You may make copies of the Software only for your internal use provided that you reproduce all notices in and on the Software, including this Agreement. Unless enforcement is prohibited by applicable law, you may not modify, decompile, disassemble, or otherwise reverse engineer the Software. No right, title or interest in or to any trademark, service mark, logo, or trade name of AAA Math or its licensors is granted under this Agreement.
For a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which the Software is furnished will be free of defects in materials and workmanship under normal use. Except for the foregoing, the Software is provided "AS IS". Your exclusive remedy and J. Banfill's entire liability under this limited warranty will be to replace the Software media or refund the fee paid for the Software.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL J. BANFILL OR HIS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF J. BANFILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL J. BANFILL'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from J. Banfill if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of the Software.
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If this Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software shall be only as set forth in this Agreement; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
Any action related to this Agreement will be governed by New Mexico law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission of the provision would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
This Agreement is the entire agreement between you and J. Banfill relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact by email: aaamathsales@aol.com or by regular mail at: AAA Math, Box 16498, Albuquerque, NM 87111.