SOFTWARE
LICENSE AGREEMENT
By purchasing the right to use this software, the licensee
agrees not to reproduce the software in any form, except for
personal archival purposes. Misty City Software, Inc., hereinafter
known as Misty City, grants the Single-User licensee the right
to make back-up copies of Grade Machine, and to use the software
both at school and at home, as long as there is no possibility
that any other unauthorized person may obtain the program
from these copies.
Misty City warrants only that (a) the diskettes on which the
program is furnished will be free from defects in material
and workmanship under normal use for a period of 90 days from
the date of delivery to you, and, (b) the Program will operate
substantially as described in the Grade Machine manual during
such 90-day period.
If you discover a defect in the diskette within 90 days from
the date of delivery, then contact Misty City at 800-795-0049.
Misty City will, upon verification of the defect or error,
at Misty City's option, either repair or replace the defective
diskette. Misty City also offers a 90-day money-back guarantee
for Single-User versions of Grade Machine which were purchased
directly from Misty City (not applicable to School Site Licenses,
Department Site Licenses, District Site Licenses, or sales
through software vendors). If you purchased Grade Machine
from a software vendor, please contact the software vendor,
not Misty City, regarding the software vendor's return policy,
if any. Misty City is under no obligation to refund to the
licensee any portion of the purchase price or other associated
costs paid to a software vendor.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESSED OR IMPLIED. MISTY CITY MAKES NO WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES SHALL
TERMINATE 90 DAYS FROM THE DATE OF DELIVERY OF THE PROGRAM
TO YOU. Some states do not allow limitations on how long an
implied warranty lasts, so the above limitation may not apply
to you. This limited warranty gives you specific legal rights
and you may also have other rights that vary from state to
state.
LIMITATION OF REMEDIES. YOUR EXCLUSIVE REMEDY AND MISTY CITY'S
ENTIRE LIABILITY SHALL BE TO REPAIR, TO REPLACE OR TO REFUND
LICENSE FEES AS SET FORTH ABOVE. IN NO EVENT WILL MISTY CITY
BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THIS PROGRAM
OR THE BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, EVEN IF
MISTY CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow limitation or exclusion of incidental
or consequential damages, so the above limitation or exclusion
may not apply to you.
In no case shall Misty City's liability exceed the amount
of money you paid to license the Program.
Grade Machine is a registered trademark of Misty City Software,
Inc. Windows is a registered trademark of Microsoft Corporation.
Macintosh is a registered trademark, and Power Macintosh is
a trademark of, Apple Computer, Inc. used under license. Other
brands and products are trademarks of their respective holder(s).
I certify that I have read and agree to the terms above.
|
How
to purchase Grade Machine
Purchase Single-User License by mail or fax
