NOTE: This product was created, owned and copyrighted by AppDev Products, LLC and licensed to LearnNow, LLC(dba LearnNowOnline) for resale or by LearnNow, LLC. Therefore this License Agreement ("Agreement" and/or "License") is a legal agreement between you (either an individual or an entity), LearnNow, LLC, and AppDev Products, LLC, a Minnesota company (AppDev, LearnNowOnline, We or Us) for the software APPDEV LEARNING ENGINE, which includes downloaded software and online or electronic documentation, source code, media files, and any printed materials (collectively, the "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not install or use the SOFTWARE.
All parts of the SOFTWARE are protected by United States federal copyright law. Copying the SOFTWARE for any reason other than to make a backup is a violation of law. Individuals who make unauthorized copies of SOFTWARE may be subject to civil and criminal prosecution.
AppDev makes no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the SOFTWARE. AppDev does not warrant, guarantee or make any representations regarding the use or the results of the use of the SOFTWARE in terms of its correctness, accuracy, reliability or otherwise. The entire risk as to the results and performance of the SOFTWARE is assumed by you. In no event will AppDev, their directors, officers, employees or agents be liable to you for any consequential, incidental or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the SOFTWARE even if AppDev has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. AppDev's liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to $50.
Please read this License Agreement carefully before installing and/or using the SOFTWARE. By installing and/or using the SOFTWARE you agree to be bound by the terms of this agreement. If you do not agree to these terms we are unwilling to license the SOFTWARE to you, and you should not install and/or use the SOFTWARE. In such case, do not install and/or use the software and promptly notify LearnNow, LLC for a refund in accordance with LearnNow, LLC’s return policies.
1. GRANT OF LICENSE. AppDev grants you the following rights, provided you comply with all of the terms and conditions of this EULA: Download, installation and use. Except as otherwise expressly provided in this EULA, you may download, install, use, activate, access, display and run only two (2) instances of the software, one as your primary use and one as your remote use. Software as a component of the Computer. This License may not be shared, transferred to or used concurrently on different computers other than the primary and remote as identified above. This EULA is granted to you and therefore may not be transferred or assigned to another person or entity.
2. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE, including but not limited to any images, photographs, video, audio, music, text) the accompanying printed materials, are owned by AppDev or its suppliers. The SOFTWARE is licensed, not sold. If this SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the software.
Your rights to use the SOFTWARE are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under United States Copyright law, international treaty provisions, or any other federal or state law.
3. PERMITTED USES. You are granted the right to install and/or use the SOFTWARE on a single computer (Primary). You may, for your convenience, install and/or use the SOFTWARE on a portable or remote computer (Remote), so long as the SOFTWARE is not used on both computers at the same time. If the SOFTWARE will be used on both computers at the same time, you must purchase another EULA.
4. PROHIBITTED USE. You may not, without written permission from us: (a) Make, use, copy, merge, transfer, sublicense, loan, lease, or rent copies of the SOFTWARE or documentation or any part thereof except as provided in this Agreement; (b) Use any backup or archival copies of the SOFTWARE or documentation or any part thereof (or allow someone else to use such copies) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective; (c) Disassemble, decompile or unlock, reverse translate, reverse engineer, or in any manner decode the SOFTWARE or documentation or any part thereof for any reason; (d) Modify, adapt, translate, or create derivative works of the SOFTWARE or documentation or any part thereof.
5. LIMITED WARRANTY. AppDev warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the initial date of use. Any implied warranties on the SOFTWARE is limited to thirty (30) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
MONITORING. You agree that AppDev may monitor your use of the SOFTWARE for compliance with these terms at any time. In the event that such monitoring reveals any use of the SOFTWARE by you other than in full compliance with the terms of this EULA, AppDev may terminate use of the SOFTWARE. You agree that AppDev may use measures to disable access to and the use of the SOFTWARE by you at any time. You agree not to thwart, interfere or block the operation of any aspect of the SOFTWARE.
CUSTOMER REMEDIES. AppDev and its suppliers' entire liability and your exclusive remedy shall be, at AppDev's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty and which is returned to AppDev with a copy of your receipt. This Limited Warranty is void if 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.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, AppDev and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPDEV OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF APPDEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, APPDEV'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you have any questions about this Agreement, write to: LEARNNOW, LLC, 10250 Valley View Road, Suite 121, Eden Prairie, MN 55344 or call at (952) 253 - 8129.