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END-USER LICENSE AGREEMENT

 

EDUCATOR SOFTWARE SOLUTIONS, LLC

 

1. Definitions.

 

"Software" shall mean the T-Eval software contained in this package and any subsequent versions or upgrades received as a result of having purchased this package.

 

"User" shall mean the original purchaser of the Software.

 

"ESS" shall mean Educator Software Solutions, LLC.

 

2. Copyrights.

Copyright 2006 Educator Software Solutions, LLC. All Rights Reserved.

The T-Eval Software is Copyright 2006 Educator Software Solutions, LLC. All rights reserved. This Software may not, in whole or in any part, be copied, reproduced, transmitted, translated (into any language, natural or computer), stored in a retrieval system, reduced to any electronic medium or machine readable format, or by any other form or means without prior consent, in writing, from ESS.

User is granted a limited license to use this Software. The Software may be used only in accordance with the terms of that license, which is described in the following paragraphs.

3. License.

ESS grants to User a perpetual, non-exclusive, non-transferable license to use the Software on any computer. User may not grant access to the Software or the accompanying documentation to others either for a fee or without charge. User may not modify or translate the program or documentation. User may not disassemble the program or allow it to be disassembled into its continuant source code. User's use of the Software indicates his/her acceptance of these terms and conditions. If User does not agree to these conditions, User shall discontinue use of the site and apps, and erase the Software from any and all storage devices upon which it may have been installed.

This license agreement shall be governed by the laws of the United States of America and the state of Tennessee and shall insure to the benefit of ESS or its assigns.

 

 

4. Support and Maintenance.

 

In exchange for payment of the initial purchase price and annual maintenance fees by User, ESS shall provide technical support to User as set forth in Schedule A, as well as the following maintenance services: (i) notification of and access to ESS software patches and documentation released by ESS; and (ii) notification of and access to updates and upgrades to the Software.

 

The annual maintenance fee shall be due and payable on each anniversary of the initial purchase of the Software by User, unless User notifies ESS in writing sixty (60) days in advance of such anniversary that User desires to terminate maintenance and support. If User terminates maintenance and support, ESS shall be under no obligation to resume providing such services to User under any circumstances.

 

5. Title

 

ESS and its suppliers retain the ownership of all right, title and interest in and to the Software, documentation, trademarks, and all patents, copyrights and other proprietary rights therein, and User shall acquire no rights therein except as expressly set forth in this Agreement.  ESS shall own all rights, title and interest in all developments of and enhancements to the Products.

6. Disclaimer / Limitation of Liability.

User acknowledges that the Software may not be free from defects and may not satisfy all of User's needs.  The Software and any accompanying written materials are licensed "as is".  In no event will ESS be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any defect in the program, even if it has been advised of the possibility of such damage. This limitation shall apply to the maximum extent permitted by law.

All data and information provided on this site is for informational purposes only. Educator Software Solutions, LLC makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site & will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.

7. Term and Termination.

 

This Agreement will become effective upon purchase of the Software by User and will remain in effect until terminated in accordance with this Section.

 

Either party hereto may terminate this Agreement at any time by giving notice in writing to the other party, which notice shall be effective upon receipt, should the other party be in material breach of this Agreement and fail to cure such breach within thirty (30) days of written notice thereof, file a petition of any type as to its bankruptcy, be declared bankrupt, become insolvent, make an assignment for the benefit of creditors, or go into liquidation or receivership or otherwise lose control over all or substantially all of its business.

 

Either party may terminate this Agreement for any reason only upon 90-day written notice to the other party.

 

All licenses and other rights granted herein shall become null and void upon the termination of this Agreement.

 

8. Assignment. 

 

User shall not assign or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of ESS.  Any prohibited assignment shall be null and void.  ESS may transfer its rights and obligations hereunder to any company or other legal entity that is controlled by, controls or is under common control with ESS.  

 

9. Entire Agreement. 

 

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous agreements by and between the parties as well as all proposals, oral or written and all negotiations, conversations or discussions heretofore had between the parties related to the subject matter of this agreement.  The parties acknowledge that they have not been induced to enter into this agreement by any representations or statements, oral or written, not expressly contained herein.

 

10. Severability. 

 

In the event that any of the terms of this Agreement are in conflict with any applicable rule of law or statutory provision or otherwise unenforceable under applicable laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from this Agreement, but such invalidity or unenforceability shall not invalidate any of the other terms of this Agreement and this Agreement shall continue in force, unless the invalidity or unenforceability of any such provisions hereof does substantial violence to, or where the invalid or unenforceable provisions comprise an integral part of, or are otherwise inseparable from, the remainder of this Agreement.

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