IMPORTANT—READ CAREFULLY:
The Software in this package is licensed, not sold. This End-User License Agreement ("EULA") is a legal agreement between you and your nuclear family (husband, wife, your children, and any other minor children lawfully living within your home) and Lampstand Press, for the Lampstand Press, Ltd. software that accompanies this EULA, which includes associated media and Lampstand Press, Ltd. Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software. You agree to be bound by the terms of this EULA by installing, copying, or using the software. If you do not agree, do not install, copy, or use the software; you may return it to your place of purchase for a full refund, if applicable.
RESERVATION OF RIGHTS AND OWNERSHIP. Lampstand Press, Ltd. reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Lampstand Press, Ltd. or its suppliers own the title, copyright, and other intellectual property rights in the Software.
GRANT OF LICENSE. Lampstand Press, Ltd. grants you the following rights provided that you comply with all terms and conditions of this EULA:
2.1 Installation and use. You may install and use a copy of the Software on one personal computer or other device.
2.2 Alternative Rights for Storage/Network Use. As an alternative to Section 2.1, you may install a copy of the Software on one home network, and allow all computers on that network to access and use that licensed copy of the Software.
COPY PROTECTION. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to exercise your rights to the Software under this EULA unless you activate your copy of the Software. You may need to reactivate the Software if you modify your computer hardware or alter the Software. Lampstand Press, Ltd. will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates.
USE BY OTHER PARTIES.
4.1. No lending. You may not rent, lease, or lend the Software. Lampstand Press, Ltd. provides limited versions of the Software for free and offers scholarships to families with demonstrated financial need. Contact Lampstand Press, Ltd. for information on these alternatives.
4.2. Fair use. United States copyright laws provide for a limited amount of non-commercial use of copyrighted materials without a license. Lampstand Press, Ltd. designs its products for use by non-commercial educators (homeschools and private schools that charge no tuition) and makes its products available at a reduced cost for families that cannot afford full price. Fair use does not include any systematic use of the Software as part of a K-12 educational program without a license from Lampstand Press, Ltd.
LINKS TO THIRD PARTY SITES. Lampstand Press, Ltd. is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Lampstand Press, Ltd. is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Lampstand Press, Ltd. of the third-party site or service.
ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Lampstand Press, Ltd. may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Lampstand Press, Ltd. reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by Lampstand Press, Ltd. as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
SOFTWARE TRANSFER.
9.1. Internal. You may transfer your copy of the Software to a different device. After the transfer, you must completely remove the Software from the former device.
9.2. Transfer to Third Party prohibited. You may contact Lampstand Press, Ltd. to request a refund for unused software. You may not resell or transfer this product to any person or other entity outside your nuclear family.
TERMINATION. Without prejudice to any other rights, Lampstand Press, Ltd. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Lampstand Press, Ltd. warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Lampstand Press, Ltd., YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Lampstand Press, Ltd.'s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Lampstand Press, Ltd.'s and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Lampstand Press, Ltd.'s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Lampstand Press, Ltd. with a copy of your receipt. You will receive the remedy elected by Lampstand Press, Ltd. without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Lampstand Press, Ltd.). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Lampstand Press, Ltd. will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Lampstand Press, Ltd.'s warranty remedy procedures.
APPLICABLE LAW. This EULA is governed by the laws of the State of Maryland.
ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Lampstand Press, Ltd. relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Lampstand Press, Ltd. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.