Software and SmartApplet End-User License Agreement

IMPORTANT--IT IS YOUR RESPONSIBILITY TO READ THIS CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you and AlphaSmart, LLC ("AL"), for use of either AlphaSmart Manager or AlphaBeam ("UNRESTRICTED SOFTWARE"); OR Get Utility, QuizDesigner, QuizManager, SmartApplets including AlphaQuiz, Keywords, or Beamer ("RESTRICTED SOFTWARE"); which includes computer software, media and all documentation, including the electronic manual ("SOFTWARE PRODUCT"). By purchasing, installing or using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the SOFTWARE PRODUCT to 973 University Avenue, Los Gatos, CA 95032 for a full refund.


GRANT OF LICENSE FOR UNRESTRICTED SOFTWARE
User License. Your institution may install and use the SOFTWARE PRODUCT on all computers under the control of the institution.


GRANT OF LICENSE FOR RESTRICTED SOFTWARE
Single User License. If you have purchased a Single User License, your institution may install and use the SOFTWARE PRODUCT on a single computer.

Lab Pack License. If you have purchased a Lab Pack License, your institution may install and use the SOFTWARE PRODUCT on 5 (five) computers.

Site License. If you have purchased a Site License, your institution may install and use the SOFTWARE PRODUCT on all computers in a single site or building.

District License: If you have purchased a District License, your institution may install and use the SOFTWARE PRODUCT on all computers in the district.


GRANT OF LICENSE FOR SMARTAPPLETS
SmartApplet Single License. If you have purchased a SmartApplet Single License, your institution may install and use the SMARTAPPLET on a single AlphaSmart device, and may install and use any associated RESTRICTED SOFTWARE on a single computer.

SmartApplet 10-User License. If you have purchased a SmartApplet 10-User License, your institution may install and use the SMARTAPPLET on 10 (ten) AlphaSmart devices, and may install and use any associated RESTRICTED SOFTWARE on 3 (three) computers.

SmartApplet Lab License. If you have purchased a SmartApplet Lab License, your institution may install and use the SMARTAPPLET on 35 (thirty-five) AlphaSmart devices, and may install and use any associated RESTRICTED SOFTWARE on 5 (five) computers.

SmartApplet Site License. If you have purchased a SmartApplet Site License, your institution may install and use the SMARTAPPLET on all AlphaSmart devices, and may install and use any associated RESTRICTED SOFTWARE on all computers in a single site or building.

SmartApplet District License: If you have purchased a SmartApplet District License, your institution may install and use the SMARTAPPLET on all AlphaSmart devices, and may install and use any associated RESTRICTED SOFTWARE on all computers in the schools for which you purchased the District License.


For each of the above licenses, you may reproduce the included user documentation in the same number as AlphaSmart devices or computers on which the SOFTWARE PRODUCT is installed.

If you do not know the number of copies of this SOFTWARE PRODUCT that are currently in use by your institution, please contact your system administrator. If you do not know the type of license that you or your institution purchased, please contact AL at 973 University Avenue, Los Gatos, CA 95032, at info@alphasmart.com, or at 888-274-0680 or 408-355-1000.  


OWNERSHIP
Except as expressly stated otherwise, all rights, title and interest in and to the SOFTWARE PRODUCT (including copyrights and other proprietary rights therein) and all copies thereof are solely owned by AL. You may not copy, use, distribute or display the SOFTWARE PRODUCT or any of its components except as permitted under this License Agreement, except that you may make one copy of the SOFTWARE PRODUCT for backup purposes.


USE LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, disassemble or modify the SOFTWARE PRODUCT in any way.

Software Transfer. You may not sublicense, assign or otherwise transfer your rights under this EULA without AL's prior, written consent.

Nondisclosure. This SOFTWARE PRODUCT contains confidential information and trade secrets of AL. By using this software, you agree that you will not disclose the SOFTWARE PRODUCT or any component thereof to any third party.

Termination of Rights. AL may terminate this EULA if you fail to comply with any of the terms and conditions set forth herein. In such event, you must return all copies of the SOFTWARE PRODUCT to AL, or destroy all copies of the SOFTWARE PRODUCT, immediately upon receiving notice of termination from AL.


LIMITED WARRANTY
AL warrants that the physical media (i.e., the disks) provided as part of the SOFTWARE PRODUCT will be free from defects for a period of 90 days from the date of purchase.  In the event of defects in the media, AL's entire liability and your exclusive remedy shall be, at AL's option, either (a) return of the price paid, or (b) replacement of the defective media that are returned to AL with a copy of your receipt. This Limited Warranty is void if the defect resulted from accident, abuse, or misuse. AL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. AL DOES NOT WARRANT THAT THIS SOFTWARE PRODUCT IS ERROR FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY
IN NO EVENT SHALL AL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE PRODUCT OR USE OF THE SOFTWARE PRODUCT, EVEN IF AL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. AL'S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO REFUND OF THE PRICE YOU PAID FOR THE SOFTWARE PRODUCT LICENSE.


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