License and Warranty Agreement
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License and Warranty Agreement


1. License

Your Agreement to this License

You should carefully read the following terms and conditions before installing and using this software.  Unless you have a different license agreement signed by ABCconcept Inc. ("ABCconcept"), your installation, use of this copy of ABCconcept - ABC Chinese Learning Tools ("SOFTWARE") indicates your acceptance of this License. The SOFTWARE also includes any updates and supplements to the original SOFTWARE provided to you by ABCconcept.

If you do not agree to all of the terms of this License, then do not install, distribute or use this copy of the SOFTWARE. In addition, if you paid ABCconcept or an authorized ABCconcept distributor for this copy individually, you may return it unused, within thirty (30) days after purchase, for a  refund of your payment with the cost of shipping and/or processing deducted, if any.

Scope of License

This copy of the SOFTWARE may only be installed, activated and used on one computer.

The SOFTWARE will not fully function without a successful online activation. After you activate it on one computer, you cannot install/activate it on another computer even you have uninstalled it from the computer on which you activated it. If you have to activate the SOFTWARE on a different computer, you need to contact the Technical Support of the SOFTWARE, additional fees may apply.

You are allowed to activate your copy of the SOFTWARE at most 6 times, only on the same computer, in case that you have to re-install the SOFTWARE by any reason, re-installation of Microsoft Windows System, for example.

You may access this copy through a network, provided that only one user is accessing it at a time, locally or remotely.

You may not alter, merge, modify, translate, decompile, disassemble or reverse engineer the SOFTWARE, nor give anyone permission to do so.

You may not create derivative works based upon the SOFTWARE, nor give anyone permission to do so.

You may not distribute copies of materials, data shipped with the SOFTWARE, nor give anyone permission to do so.

You may not make access to the SOFTWARE or materials shipped with the SOFTWARE available to others in connection with a service bureau, application service provider, or similar business.

In the event that you fail to comply with this Agreement, ABCconcept or its suppliers may, in addition to seeking any damages, terminate the license. Upon termination, you must completely destroy all copies of the SOFTWARE (with all other rights of both parties and all other provisions of this Agreement surviving any such termination).

Ownership

The foregoing license gives you limited license to use the SOFTWARE. ABCconcept or its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the SOFTWARE, and all copies thereof. The software is protected by copyright laws and international copyright treaties. All rights not expressly granted in this Agreement, are reserved by ABCconcept or its suppliers.

2. Warranty Disclaimers and Liability Limitations

This software, and all accompanying files, data and materials, are distributed “AS IS” and with no warranties of any kind, whether express or implied.  ABCconcept does not guarantee the completeness, correctness or accuracy of the contents, data and materials provided by the SOFTWARE. ABCconcept does not guarantee the SOFTWARE is error-free or will operate without interruption. The user must assume the entire risk of using the SOFTWARE.  This disclaimer of warranty constitutes an essential part of this Agreement.

If applicable law requires any warranties with respect to the SOFTWARE, all such warranties are limited in duration to ninety (90) days from the date of delivery.

Any liability of ABCconcept will be limited exclusively to refund of purchase price. In addition, in no event shall ABCconcept, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of the SOFTWARE, or to your relationship with ABCconcept.

In no event does ABCconcept authorize you to use the SOFTWARE in applications or systems where the SOFTWARE's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold ABCconcept harmless from any claims or losses relating to such unauthorized use.

3. General

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. There are no third party beneficiaries of any promises, obligations or representations made by ABCconcept herein.

All questions concerning this Agreement shall be directed to ABCconcept.

This Agreement does not authorize you to use the trademarks of ABCconcept or its suppliers.