READ CAREFULLY BEFORE OPENING THE SEALED PACKAGE
THE ENCLOSED SOFTWARE IS PROVIDED TO YOU UNDER THE FOLLOWING
LICENSE AGREEMENT. THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AS
END USER AND LICENSEE, AND MAPLESOFT, A DIVISION OF WATERLOO
MAPLE INC. ("MAPLESOFT"), AND DEFINES WHAT YOU
MAY DO WITH THE SOFTWARE, AND WHAT LIMITATIONS EXIST ON
WARRANTIES AND REMEDIES RELATED TO THE SOFTWARE. BY OPENING
THE SEALED PACKAGE, YOU BECOME A PARTY TO, AND AGREE TO
BE BOUND BY ALL THE TERMS AND CONDITIONS OF, THIS LICENSE
AGREEMENT. IF, AFTER READING THIS LICENSE AGREEMENT, YOU
DO NOT ACCEPT OR AGREE TO THE TERMS AND CONDITIONS CONTAINED
IN THIS LICENSE AGREEMENT, DO NOT OPEN THE SEALED PACKAGE.
YOU MAY, WITHIN 15 DAYS OF PURCHASE, RETURN THE ENTIRE UNOPENED
PACKAGE AND ALL OTHER ITEMS CONTAINED IN THIS BOX (INCLUDING
THE PACKAGING), TOGETHER WITH YOUR RECEIPT, TO THE PLACE
WHERE YOU OBTAINED THEM FOR A FULL REFUND OF THE AMOUNT
PAID FOR THE PACKAGE. NOTWITHSTANDING THE ABOVE, IF YOU
OBTAINED THE PACKAGE FROM A PARTY OTHER THAN MAPLESOFT AND
YOU RETURN THE PACKAGE WITHIN THE ABOVE STATED TIME PERIOD
TO MAPLESOFT DIRECTLY, YOU WILL RECEIVE A REFUND IN THE
AMOUNT OF THE WHOLESALE PRICE OF THE PRODUCT.
OWNERSHIP OF SOFTWARE.
Maplesoft owns (or has the right to sublicense) and retains
all right, title and interest, including all copyrights
and other intellectual property rights, (whether or not
patentable or registerable under copyright, trademark, or
similar legislation or subject to analogous protection)
in and to the MAPLE software, including, without limitation,
all software and associated media, enhancements, improvements,
corrections, and/or modifications to the Maple software
(collectively, the "Software") as well as related
printed materials, including the learning guide and/or programming
guide (the "Printed Materials") contained in this
Maplesoft does not sell any rights in the Software, but
rather grants the right to use the Software by means of
a software license.
Maplesoft reserves all rights with respect to the Software
and Printed Materials not expressly granted by this License
You own only the physical media on which the Software
is recorded or fixed in this package.
The Software and Printed Materials are protected by copyright
laws and international copyright treaties, as well as other
intellectual property laws and treaties.
GRANT OF LICENSE. In consideration
of payment of the license fee, which is part of the price
you paid for this package, and your agreement to abide by
the terms and conditions of this License Agreement, Maplesoft,
as licensor, grants to you a non-exclusive, revocable, personal,
non-transferable license and right to use this copy of the
Software (the "License").
If you have purchased a License for a single user of the
Software, install and use this copy of the Software on a
single computer at a single location, or physically transfer
the Software from one computer to another (including permanently
and completely deleting the Software from the first computer),
provided the Software is used only by a single user on a
single computer at one time.
If you have purchased a License for non-concurrent multi-users,
the Software may be installed on a designated number of
computers, up to the number of Licenses purchased. If you
have purchased a License for concurrent multi-users, the
Software may be installed on a single network server and
you will have as many users operating the Software at the
same time as the number of Licenses you have purchased.
Copy one copy of the Software solely for backup purposes
(if the Software is not copy-protected) provided you reproduce
and include the copyright notice on the backup copy and
use the backup copy solely for archival purposes and install
a second copy of the Software on the single computer on
which you installed the purchased copy of the Software for
the sole purpose of using the Software in a second operating
system on such single computer as long as the Software is
not run simultaneously in two operating systems.
YOU MAY NOT:
Use, reproduce, transmit, modify, adapt or translate the
Software or Printed Materials, in whole or in part, to others,
except as otherwise permitted by this License Agreement.
Reverse engineer, decompile,
disassemble, or create derivative works based on the Software
or any part thereof.
Separate the component parts of the Software, save and
except the FLEXlm^R license manager tools, for any reason
including, without limitation, use of such components on
another computer or network server or for use within or
in combination with another software application.
Use the whole or any part of the Software as part of an
Internet/Intranet/Extranet website or via other electronic
communication distribution methods that facilitate access
by a third party, unless the third party is a licensed user
of the Software.
Rent, lease, license, transfer, assign, sell or otherwise
provide access to the Software or Printed Materials, in
whole or in part, on a temporary or permanent basis, except
as otherwise permitted by this License Agreement.
Without limiting the restrictions set forth above, distribute
any components of the Software for any reason including,
without limitation, as part of a third party software application,
without permission in writing from Maplesoft.
Alter, remove or cover proprietary notices in or on the
Software, Printed Materials or storage media.
Use the Software in any unlawful manner whatsoever.
SUPPORT SERVICE. Maplesoft
shall provide you, as part of the License, basic level support
service as follows: 30 day Installation Support from date
of installation, access to web resources (FAQs, Web form,
technical support email) and access to patches and service
packs. Any additional support services entitlements will
be provided only upon payment of additional support fees
to Maplesoft upon request.
TERM. This License Agreement
becomes effective upon your opening the sealed package,
and is effective unless terminated earlier by Maplesoft
for any reason upon 30 days prior written notice. Maplesoft
may terminate this License Agreement without notice to you
if you fail to comply with any provision of this License
Agreement. Upon termination, you agree to immediately cease
using the Software and Printed Materials and to return all
copies of the Software and Printed Materials in your possession
to Maplesoft within five days of termination. The Ownership
of Software and Limited Warranty and Liability and Indemnity
sections of this License Agreement shall continue in full
force and effect after any termination of this License Agreement.
WARRANTY. Maplesoft warrants
to you as original end user, that the physical media on
which the Software is recorded is free from defects in materials
and workmanship under normal use and service for a period
of ninety (90) days (the "Return Period") from
the date of delivery to you as evidenced by a copy of the
invoice. If such a defect exists and you are within the
Return Period, you may return the entire package, including
packaging, postage prepaid with a copy of the invoice to
Maplesoft at the address below, and Maplesoft, at its option,
shall either (a) return the purchase price or (b) replace
the media. If failure of the media has resulted from accident,
abuse, or misapplication, Maplesoft shall have no responsibility
whatsoever to refund the purchase price or replace the media.
In the event of replacement of the media, the replacement
media will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is the longer.
This remedy is your exclusive remedy for a breach of this
warranty, and Maplesoft's or any of its affiliated corporations
and their respective directors, officers, employees or shareholders
(the "Affiliates") entire liability and only warranty
made with respect to the Software and Printed Materials.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
LIMITED WARRANTY AND LIABILITY. OTHER THAN AS OUTLINED
ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAWS, THE SOFTWARE AND PRINTED MATERIALS ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY MAPLESOFT, ITS AFFILIATES, DEALERS OR DISTRIBUTORS,
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY. YOU ASSUME THE ENTIRE RISK AS TO THE USE
AND PERFORMANCE OF THE SOFTWARE OR PRINTED MATERIALS IN
TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS,
OR OTHERWISE. IN NO EVENT SHALL MAPLESOFT, ITS AGENTS OR
ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION
OR DELIVERY OF THE SOFTWARE AND/OR PRINTED MATERIALS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE, THE INSTALLATION OF THE SOFTWARE, THE TERMINATION
OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO YOUR
COMPUTER OR DAMAGE TO YOUR COMPUTER, SOFTWARE OR OTHER PROPERTY
RESULTING FROM YOUR USE OF THE SOFTWARE OR FROM ANY VIRUS,
EVEN IF MAPLESOFT OR ITS AGENTS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. MAPLESOFT'S
MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE
AMOUNT PAID BY YOU FOR THE SOFTWARE AND PRINTED MATERIALS.
THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT
THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL
CONDITION OR TERM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
INDEMNITY. You agree to indemnify
and hold Maplesoft harmless from and against any loss, liability,
cost, expense or damage arising out of any claim, suit action
or judgment brought against Maplesoft or its Affiliates
related to your violation of any provincial, state, federal
or other laws or regulations or any third party rights.
ACKNOWLEDGEMENT. You acknowledge
that you have read this License Agreement and limited warranty,
understood them, and agree to be bound by their terms and
conditions. You also agree that this License Agreement is
the complete and exclusive agreement between you and Maplesoft,
and supersedes all prior agreements, representations and
any other communications, oral or written, between you and
Maplesoft relating to the subject matter of the License
Agreement including, without limitation, any warranties
with respect to the Software and Printed Materials. This
License Agreement may only be amended by written agreement
of both parties.
EXPORT CONTROLS. The Software
and Printed Materials is subject at all times to all applicable
export control laws and regulations in force from time to
time. You agree that you shall not make any disposition
of the Software and Printed Materials purchased or licensed
GOVERNING LAW. This License
Agreement is governed by the laws of the Province of Ontario,
Canada and, if the Software and Printed Materials were acquired
within Canada, each of the parties hereto irrevocably attorns
to the exclusive jurisdiction of the courts of the Province
of Ontario without regard to conflicts of laws principles.
If the Software and Printed Material were acquired outside
Canada, each of the parties hereto irrevocably attorns to
the non-exclusive jurisdiction of the courts of the Province
of Ontario, provided that the Licensee agrees that any claim
or action brought by the Licensee shall be commenced in
the courts of the Province of Ontario. The parties agree
that the United Nations Convention on Contracts for the
International Sale of Goods does not apply to this License
SUCCESSORS AND ASSIGNS. These
terms and conditions inure to the benefit of and shall be
binding upon our respective heirs, successors or permitted
INVALIDITY OF TERMS. If any
of these terms and conditions are found by a court of competent
jurisdiction to be invalid, the parties hereto nevertheless
agree that the court should endeavour to give effect to
the parties' intentions as reflected in such term or condition,
and the other terms and conditions shall remain in full
force and effect.
Should you have any questions concerning this License Agreement,
contact Maplesoft at:MaplesoftCustomer Service DepartmentPhone:
519-747-2373Fax: 519-747-5284Web site: http://www.maplesoft.comEmail: