DVD End User License Agreement

Published: October 24, 2011
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KALMBACH PUBLISHING CO.
END USER LICENSE AGREEMENT

This End User License Agreement (“Agreement”) is between you as the end user (“You”, “Your” or “Licensee”) and Kalmbach Publishing Co. (“Kalmbach” or “Licensor”).

It is important that you carefully read and understand this agreement. Taking any step to set up or install the software (as defined in this statement) constitutes your acceptance of the terms and conditions of this agreement. Your written or electronic approval is not a prerequisite to the validity or enforceability of this agreement. If you do not agree with all terms of this agreement, immediately return the software and documentation (as defined in this agreement) with the original packaging and proof of payment to the place of purchase.

1. The contents of this DVD are protected by copyrights. The illegal copying of this software or any of the contents (“Software” or “software”) is prohibited by law. Individuals who make unauthorized copies of software may be subject to civil and criminal penalties. The use of this product, software and editorial content is strictly governed by the End User License Agreement.

2. Kalmbach grants Licensee a limited, non-exclusive, nontransferable, royalty-free license to use one copy of the Software provided in this package for personal, non-commercial and lawful use on a single computer. Kalmbach does not transfer title to the Software to the Licensee; this license shall not be considered a “sale” of the Software. Licensee agrees that the Software belongs to Kalmbach, including all intellectual and proprietary rights, unless otherwise specified. Kalmbach retains all rights, title and interest in and to the Software at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.

3. Licensee may not rent, lease, sell, sublicense, assign, or otherwise transfer the Software or allow others to rent, lease, sell, sublicense, assign, or otherwise transfer the Software. Licensee will not make copies of the Software or allow copies of the Software to be made by others. Licensee may make copies of the Software for backup purposes only. COPYING THE SOFTWARE AND/OR ANY COMPONENT THEREOF TO ANY OTHER LOCATION FOR USE, FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. No right, title or interest in or to any trademark, service mark, logo or trade name of Kalmbach is granted under this Agreement. Licensee may not modify, translate, reverse engineer, decompile or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law. Licensee may not remove any copyright or other proprietary notices or labels in the Software or content. Licensee may not copy the printed materials accompanying the software or distribute printed copies of any user documentation provided in electronic format.

4. This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor's knowledge Licensee's use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. THIS LIMITED WARRANTY LASTS FOR A PERIOD OF 90 DAYS AFTER DELIVERY. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 180 days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.

5. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee's cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at P.O. Box 1612, Waukesha WI 53187 or 1-800-533-6644. At Licensor's option, Licensor will either send Licensee a replacement copy of the Software, at Licensor's expense, or issue a full refund.

6. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.

7. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.

8. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.

9. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.

10. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.

11. This License Agreement is governed by the law of Wisconsin applicable to Wisconsin contracts.

12. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.

BY INSTALLING THE SOFTWARE CONTAINED ON THIS DVD, YOU ARE CONSENTING TO BE BOUND BY THIS END USER LICENSE AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE OR CLICK THE “NO” BUTTON.  YOU MAY PROMPTLY RETURN THIS PRODUCT TO THE RETAILER YOU BOUGHT IT FROM AND THE RETURN POLICY OF THE RETAILER WILL APPLY.