2) School administration software used (If known):

3) School Type:
Elementary
Middle/Jr. High
Sr. High
K-8
K-12
Other

4) School name as you want it to appear on progress reports:

The name is limited to 40 characters.

5) Physical School Address:
(NOTE - We are unable to ship to Post Office box addresses.)

Street:

City:

State or Province:

Zip or Postal Code:

Country:

6) School Telephone:
( )

7) Designated Support Teacher (DST):

8) Email Address of DST:

9) Shipping Address:

City:

State or Province:

Zip or Postal Code:

Country:

10) Employer ID number:

11) Accounts Payable Contact:

12) Telephone of AP Contact:
( )

13) Maximum Student Enrollment Level During The Last 12 Months:

14) Price Calculation:

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.

A school that purchases a School Site License is hereby granted permission to copy the software and the manual only for use by teachers employed by that school. Teachers employed by the school may not sell or give away copies to other schools, even in the same district. Teachers employed by the school may 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. School licensees may run Grade Machine on a network.

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 (425) 820-5559. 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 item #12 above accurately reflects the total student enrollment in my school. Furthermore, I have read and agree to the terms above, and I understand that once the license envelope has been opened, this product is non-returnable.