Mindscape Software License

GRANT OF LICENSE: This License Agreement premits you to use one copy of the software, which may include electronic documentation, on a single computer/workstation.  The Software is in use on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into permanent memory (i.e. Hard disk, CD-Rom drive or other storage device) of that computer.  You may not use the Software on or over a network or any other transfer device wihout each concurrent user having an original copy of the Software and its documentation.

COPYRIGHT:  All intellectual property rights in the Software (including animations, audio, images, maps, music, photographs, video and text incorporated into the Software) are owned by the copyright holder, distributed by Mindscape and are protected by US copyright laws and international treaty provisions.  The copyright holder retains all rights not espressly granted.  You may not loan, rent or lease the Software, but you may transfer your rights under this Agreement on a permanent basis provided you transfer the license granted by this Agreement, the Software and all associated printed materials and retain no copies and the recipient agrees to the terms of this Agreement.  You may not reverse engineer, decompile or disassemble the Software, except to the extent that applicable law expressly prohibits this restriction.  You may not distribute printed copies of any user documentation provided in electronic format.  The restrictions contained herein apply equally to hybrid CD-Roms, which may contain multiple versions of the Software for use on different operating systems.  Regardless of the type of media you receive, you may use only the portion appropriate for your singel-user computer/workstation.

LIMITED WARRANTY: Mindscape warrants that the media on which the Software is distributed are free from defects in materials and workmanship for a period of 90 (ninety) days from the time of receipt.  ANY AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO NINETY (90) DAYS.

REMEDIES: Your exclusive remedies shall be, at Mindscape's sole option, (a) the refund of the amount you paid for the Sofware or (b) repair or replacement of the Software provided that (i) the defective Software is returned to Mindscape or an authorised dealer with ninety (90) days from the date of purchase and (ii) you have completed the electronic registration.  This Limited Warranty is void if a failure of the software has resulted from accident, abuse or misapplication.  Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

LIMITATION OF LIABILITIES: IN NO EVENT WILL MINDSCAPE, IT'S AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL MINDSCAPE, IT'S AFFILIATES, SUPPLIERS OR LICENSORS LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.  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.