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What is the License Agreement for TPMX?

Teacher's Personal Markbook for OS X
Single User
Software Licensing Agreement

Teacher's Personal Markbook for OS X
Copyright (C) 2012 Scott McDonald PC Services. All Rights Reserved

DEFINITIONS

The software product Teacher's Personal Markbook for OS X is identified as TPMX and Scott McDonald PC Services, A.B.N. 20 586 027 242 is identified as SMPCS below.

PLEASE READ CAREFULLY

This End User Licence Agreement ("EULA") is a legal agreement between you and SMPCS for using TPMX. By installing, copying, or otherwise using TPMX, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly delete the TPMX program and any copies of the installation program.

The copyright in TPMX and its documentation is owned by SMPCS. Subject to the terms of this EULA, you are granted a non-exclusive right for the duration of the EULA to use TPMX. You do not acquire ownership of copyright or other intellectual property rights in any part of TPMX by virtue of this EULA. Your use of this software indicates your acceptance of this EULA and warranty.

GRANT OF LICENCE

In accordance with the terms of this EULA you are granted the following rights:

1. To install and use one copy of TPMX on a single computer or removable drive.
2. As the primary user of the computer on which TPMX is installed, you may make a second copy for your exclusive use on either a school or portable computer.
3. To make copies of TPMX for backup and archival purposes.

TRIAL LICENCE

The Trial version of TPMX is not free software. Subject to the terms of this agreement, you are hereby licensed to use this software for evaluation purposes without charge for the number of days shown in the "When does the trial expire" command in the Help menu of TPMX.

After 31 days, all installed trial copies of TPMX must be removed from the computer or removable drives. You are not allowed to extend the trial evaluation period by downloading a new copy of the Trial version of TPMX.

Unregistered use of TPMX after the expiry date is in violation of Australian, U.S. and international copyright laws.

If you choose to use TPMXX after your evaluation, a licence must be purchased from the SMPCS website at http://www.teacherspersonalmarkbook.com/. Upon payment of the licence fee, you will be sent by email a suitable licence key for TPMX.

ADDITIONAL RIGHTS AND LIMITATIONS

You are not allowed to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-licence, loan or distribute TPMX other than as expressly authorised by this EULA.

You agree not to reproduce or distribute licence key-codes except under the express and written permission of SMPCS .

TERMINATION

Without prejudice to any other rights, SMPCS may terminate this EULA if you fail to comply with the terms and conditions. Upon termination you will delete all copies of TPMX and its installation program.

LIMITED WARRANTY

TPMX and accompanying documentation are provided "as is" and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality, fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded.

TPMX will perform substantially in accordance with the accompanying documentation, and technical support by SMPCS will make commercially reasonable efforts to solve any problems associated with TPMX.

EXCLUSIONS

To the maximum extent permitted by law, SMPCS excludes, for itself and for any supplier of software incorporated in TPMX, all liability for all claims , expenses, losses, damages and costs made against or incurred or suffered by you directly or indirectly (including without limitation lost costs, profits and data) arising out of: your use or misuse of TPMX; your inability to use or obtain access to TPMX; negligence of SMPCS or its employees, contractors or agents, or of any supplier of software incorporated in TPMX, in connection with the performance of SMPCS's obligations under this EULA; or Termination of this EULA by either party for any reason.

In no event shall SMPCS or anyone else who has been involved in the creation, development, production, or delivery of TPMX be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of this software, or arising out of any breach of warranty.

TRADEMARKS

All names of products and companies used in this EULA, TPMX, or the documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licenses. Mac and OS X are trademarks of Apple Inc.

GOVERNING LAW

This agreement shall be construed in accordance with the laws of the Commonwealth of Australia.

End of Licence

Copyright © 2012 Scott McDonald PC Services
Email: tpm@smpcsupport.com