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DEFINITIONS
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"Software" means the GoVenture Simulation Designer software program supplied by MediaSpark, documentation, associated media, printed materials, and online or electronic documentation.
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"Simulation Player" means the output files created by you using the Software, which contains the GoVenture Simulation Player which plays the GoVenture Simulation Designer project files on hardware which the Software itself is not resident.
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"Educational Version" and "Educational License" mean a version of the Software, so identified, for use by faculty and students of educational institutions, only. The Simulation Player may not be used for, or distributed to any party for, any commercial purpose.
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SOFTWARE LICENSE
Under this Software License you may use the Software only on a single computer at any one time and it may not be shared, installed or used concurrently on different computers; unless you have purchased a license which grants you permission to use the Software on more than one computer, in which case you may use the Software on up to the number of computer(s) at your organization's site (one physical address location) at any one time which is equal to the maximum number of SEATS noted in the license purchased.
You may not copy and/or distribute the Simulation Player without complying with the GoVenture Simulation Player Distribution Agreement (see below). In no event shall Educational Version and Not For Resale Versions be distributed for commercial purposes.
The Software is "in use" when it is loaded into RAM, installed on a hard disk, CD-ROM or any other storage device. In accepting this Software License, you agree that i) you shall not install and use the Software, copy the Software, nor copy any written materials accompanying the Software other than as provided for above; ii) you shall not decompile, reverse-engineer, or disassemble the software or otherwise attempt to determine its source code; iii) you shall not sub-license, rent, or lease all or any portion of the Software; and iv) you shall not make any attempts to unlock the Software except using a valid Software Key issued to you by the Licensor, MediaSpark Information Technology Solutions Incorporated (MediaSpark). Any rights not expressly granted herein are retained by the Licensor.
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COPYRIGHT & TRADEMARKS
The Software is protected by Canadian and United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material. GoVenture, GoVenture.NETwork, and MediaSpark are registered trademarks and trademarks of MediaSpark Information Technology Solutions Incorporated (MediaSpark) in Canada, the United States, and/or other countries. All other trademarks and registered trademarks are property of their respective owners. Except as noted below, the Software is owned by MediaSpark. Copyright (c)1999 - 2005 MediaSpark. All rights reserved.
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LIMITATIONS OF LIABILITY
By using the Software, you accept it "As Is", "with all faults." MediaSpark, Microsoft Corporation, and MediaSpark's educational and business affiliates (the "Companies") make no warranties or conditions, express, implied or statutory, with respect to the Software including those for merchantability and fitness for a particular purpose. The Companies will not be liable, in any event, for any incidental or consequential damages whatsoever (including, without limitation, damages for loss of business profits, loss of business information, non-infringement, interruption, other pecuniary loss, or their equivalent under the laws of any jurisdiction) arising out of use or inability to use the software, even if the Companies have been specifically advised of the possibility of such damages. The Companies make no representation that this Software is free of defects. The Companies also make no warranties or conditions, express, implied or statutory, including those for merchantability and fitness for a particular purpose, with respect to the operation or performance of the program, the content, or access performance of information obtained from the Internet while using the Software (including the ability to allow limited access to certain websites, and learning resources). The entire risk of use and consequences of use of the program falls completely on the Licensee, and the Companies shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on the Software. In no event will the liability for any damages ever exceed the cost of the license fees (as outlined by MediaSpark) paid by you for your right to use this software.
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LIMITED WARRANTY
For 90 days after the date of delivery of the Software to you, the Software may be returned and replaced if there is damage to the disk media and/or its contents such that the software is considered inoperable. This Limited Warranty is void if failure of the software or hardware has resulted from misuse or misapplication. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Proof of purchase is required for any returns or replacements.
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GOVENTURE SIMULATION PLAYER DISTRIBUTION AGREEMENT
For each Simulation that includes the GoVenture Simulation Player and is distributed to individuals and/or organizations outside of the organization by which you are employed, you must transmit via email, fax, or regular mail the following information to MediaSpark no later than 30 days after GoVenture Simulation Player has been distributed: Simulation/Product Name and Description, Your Name, Publisher Name, Address, Telephone, Fax, eMail, Developer Name and Address (if different from Publisher). This information only needs to be provided once for each unique Simulation, not for every copy of the same Simulation distributed.
In addition, MediaSpark reserves the right to request, for review purposes only, that you send one copy of the Simulation at no cost to MediaSpark, and you agree to send said copy within 30 days of receipt of the request by MediaSpark.
By distributing the GoVenture Simulation Player, you agree to indemnify and hold harmless MediaSpark and the Companies against any and all claims, demands, suits, liabilities, judgments, losses, damages, settlements, costs, attorney fees, and expenses arising out of third party claims against MediaSpark relating to your distribution of GoVenture Simulation Player and related software and materials.
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GOVERNING LAW
This Agreement shall be governed by internal laws of the Province of Nova Scotia, Canada.