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LXR*TEST End User License Agreement (EULA)
READ THIS CAREFULLY! Prior to installing or using the software
you must agree to accept the following Agreement.
End User License Agreement (EULA) for: LXR*TEST 6.1 Software Product
IMPORTANT NOTICE!
This Agreement is a legal contract between you -- either an individual or a single,
legal entity (referred to herein as an organization) -- and the Logic eXtension
Resources Division of Applied Measurement Professionals, Inc. (referred to herein
as LXR). Your installation or use of the software indicates your agreement, as an
individual or as an authorized representative on behalf of the organization, to
be bound by the terms and conditions of this Agreement.
If you do not agree to these terms, you must promptly delete all electronic copies
of the software and return within 10 days any related media or documentation to
the place from which you obtained it for a refund of the license fee.
Definitions.
“Software” means the software product identified above and consists of computer
software, associated media, and documentation (which includes the user’s guide and
other printed materials).
“Primary user” means a single person designated by the licensee or, if the licensee
is an individual, the licensee, to use the product and to serve as the registered
point of contact and administrator of the license.
“Secondary user” means one or more additional persons employed by or under contract
with the licensee to use the product for the direct benefit of the licensee. Secondary
users are not entitled to any warranty software support, upgrades, or revisions.
“User” means either a primary or secondary user as defined above.
“You” and “your” means either you, the individual licensee, or an authorized representative
of the licensee organization.
“We”, “our”, and “us” means Logic eXtension Resources (LXR), a division of Applied
Measurement Professionals, Inc.
License Grant.
In consideration for your payment of the licensing fee(s), Logic eXtension Resources
grants you the following nonexclusive rights:
Installation and Use.
Primary and secondary users may install the software and documentation on a single
computer for their exclusive use. Provided the software is accessible exclusively
by the user, the user may also install the software on at most one additional computer
(typically a portable or home computer).
A primary or secondary license fee must be paid for each user and each must accept
the terms and conditions of this agreement. If the software is accessible to a greater
number of individuals than are licensed, then you agree to maintain, in writing,
a list of licensed users and a policy for restricting use only to these users. You
agree to promptly make this information available to LXR upon request.
You may authorize a permanent transfer of primary or secondary user rights from
one individual to another, provided that such rights are not transferred more than
twice per year. If the software is an update, any transfer must include the update
and all prior versions. You agree to notify us of a transfer involving the primary
user.
No Rental.
You may not rent, lend, or lease the software.
Server Software.
A separate server license fee is required for each server when any software or databases
are installed or used on that server. For each server license fee, you must have
paid at least one primary user license fee for the location. You can purchase additional
server license fees for a location without necessarily having to pay additional
primary user license fees for each additional server.
Evaluation Software.
Certain elements of the software products are offered for “evaluation”. Evaluation
software must be used solely for your own, internal, non-commercial, evaluation
purposes. Evaluation software may not be transferred. These products are subject
to the same terms and conditions as other products except there may be no license
fee. If you obtain an evaluation product, you agree, within 30 days of receipt,
to delete all electronic copies of the software and return, at your expense, any
related media or documentation, if any, to the place from which you obtained it.
Subsequent receipts, downloads, or installations do not extend, renew, or restart
this term. LXR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF THE EVALUATION SOFTWARE,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE. THE EVALUATION SOFTWARE IS PROVIDED “AS IS.”
Term.
Except as provided for evaluation software, the license will continue until it is
terminated. LXR may terminate the license if you fail to comply with the terms of
this agreement. You may terminate the license at any time for any reason. Upon termination
by either party, you must promptly return to LXR or destroy the software and all
copies and extracts.
Electronic Redistribution of “Run-Time” Software.
For a distribution fee, you may reproduce and distribute certain software components
identified by LXR as “run-time” software, in their entirety, with your content,
up to the number of distribution instances for which you are licensed. (Typically
an “instance” would be a disk or an e-mail containing a minimum set of software
components that would permit the use of your content for an exam on a remote machine.)
However, if you are an employee of an accredited school, college, or university,
as described on LXR’s web site, there may be no charge for you to redistribute run-time
software, provided that you receive no remuneration or other consideration whatsoever
related to the redistribution. However, LXR reserves the sole right to determine
eligibility and fees for redistribution. LXR DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, OF THE RUN-TIME SOFTWARE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY
AND OF FITNESS FOR A PARTICULAR PURPOSE. THE RUN-TIME SOFTWARE IS PROVIDED “AS IS.”
LXR SPECIFICALLY DOES NOT OFFER SUPPORT TO RECIPIENTS OF THE RUN-TIME SOFTWARE.
No Additional Licenses.
All rights to the software and documentation not expressly granted under this Agreement
are reserved to LXR. You may not translate, decompile, disassemble or reverse engineer
the software or documentation. This Agreement does not authorize you to use LXR’s
name or any of its trademarks (which include, but are not limited to the words “Logic
eXtension Resources”, “LXR”, the LXR logo, “LXR*TEST”, and the “LXR*TEST” logo).
Optional Software.
The software may include other, separately priced “optional” software components
(e.g., online testing option and mark reader option). If the license fees for one
or more of these optional components are paid, that component is considered part
of the software product for purposes of this license and treated accordingly. No
upgrade purchases may be made for any optional software unless concurrent upgrades
are purchased for all related licensed products. Any authorized secondary user may
also use any optional software licensed for the primary user.
Software Version and Serial.
You will receive a product serial number for each primary user fee. All secondary
users, all servers, and all distribution instances (if any) will be identified by
and associated with a primary license serial number for the software product. Each
major software component has a version number (e.g., 6.1). Your license entitles
you to install and use a product with the same or lower version number (e.g., if
your version is 6.0, you may use 5.1 or 6.0 but not 6.1). LXR may periodically make
available revisions (e.g., 6.1.1 or 6.1.2.1) which you may be eligible to receive
during the initial warranty period and certain extended support periods, if any.
Although you may be entitled to use an older version, LXR does not offer any warranty
or support for any version other than the current shipping version.
Upgrades and Revisions.
An upgrade is a new release of the software that may contain additional features
for an upgrade fee. A revision is a new release of the software that may contain
software corrections and is typically made available at either no cost or a nominal
cost, solely as determined by LXR. If software is identified as an upgrade or revision,
you must be properly licensed to use it. Only you or the primary user may order
or authorize the installation of software upgrades, either through proof of ownership
or by properly registering the product. If an upgrade is purchased for the primary
user, all eligible secondary user, server, and optional software upgrade fees must
be paid concurrently, or the related rights will be cancelled.
Copyright.
The software is licensed, not sold. Title to and copyright in the software, and
in any copies you are permitted to make, are owned by LXR and its suppliers and
are protected by United States copyright laws and international treaty provisions.
You must treat the software like any other copyrighted material (e.g., a book or
recording) except that you may make one copy solely for backup or archival purposes.
Specifically, you may not, without LXR’s written consent, copy or reproduce the
software (except a single copy for backup or archival purposes); distribute it by
sale, lending, sublicensing, renting, or the like; or prepare derivatives. You may
not copy the documentation.
Export Restrictions.
The software is intended for distribution only in the U.S. and Canada. Export of
the software from the United States is regulated. You agree that you will not directly
or indirectly export or re-export the software to any other country unless you have
received the proper export licenses.
Multiple Media.
Although you may receive the software in more than one medium (floppy disk, CD-ROM,
or through one or more downloads), additional media do not of themselves convey
additional licenses. You have only the licenses that you have properly purchased,
regardless of the media format or quantity.
Not-For-Resale (NFR) Software.
If your software is labeled “Not-For-Resale” or “NFR”, your license permits use
only for demonstration or evaluation of the software, and you are not eligible for
upgrades or support. LXR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF “NOT-FOR-RESALE”
PRODUCTS, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND OF FITNESS
FOR A PARTICULAR PURPOSE. THE “NOT-FOR-RESALE” SOFTWARE IS PROVIDED “AS IS.”
Software Support and Training.
Except as otherwise indicated, LXR will provide no-charge support for the software
by telephone or e-mail to the primary user for a period of 90 days from the date
of delivery. You are responsible for the cost of any telephone or other communications
costs that may be associated with the support. LXR may offer extended period support
plans to the primary user on a fee basis. Although secondary users are not entitled
to software support, LXR may also offer additional support plans to secondary users
on a fee basis. No training is included with any software.
Warranties and Remedies.
Except for the evaluation software, LXR warrants that the physical media and the
documentation will be free from defects in materials and workmanship under normal
use for 90 days from the date of delivery to you. LXR also warrants for this same
90-day period that the software will perform free from defects that prevent the
software from performing substantially in the manner described in the user’s guide.
If, within the 90 days, you describe such a defect in writing to LXR, and provide
sufficient electronic data to support a machine reproducible example, LXR’s sole
responsibility shall be, at its option (i) to replace defective media or documentation,
as the case may be, (ii) to use reasonable efforts to correct the defect in the
software without charge, or (iii) to refund the license fee paid to it, if any,
for the applicable copy of the software and terminate all licenses granted to you.
Any replacement software will be warranted for the remainder of the original warranty
period or 30 days, whichever is longer.
By way of example, without limitation, LXR provides no warranties of any kind to
any end users accessing or otherwise using applications developed or otherwise obtained
by you. LXR’s warranties do not cover damage or defects caused by or related to
misuse, accident, negligence or misapplication. Because programs such as this are
inherently complex, LXR does not warrant that the software is error-free or will
operate without interruption. Furthermore, LXR does not warrant that the software
will work with any given database, network or network application. You acknowledge
that, due to the complexity of the software, it is possible that use of the software
could lead to the unintentional loss or corruption of data. You assume all risks
of such data loss or corruption; the warranties provided in this Agreement do not
cover any damages or losses resulting from data loss or corruption.
THE REMEDIES SET FORTH ABOVE WITH RESPECT TO IDENTIFIABLE DEFECTS SHALL BE THE EXCLUSIVE
REMEDIES FOR ANY BREACH OF WARRANTY WITH RESPECT TO THE SOFTWARE.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability.
IN NO CASE SHALL LXR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO
USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS
OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER
LEGAL THEORY. THIS IS TRUE EVEN IF LXR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE WILL LXR’S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE(S) ACTUALLY
PAID BY YOU TO IT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE WARRANTY
LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH A CASE, THE ABOVE LIMITATION OF REMEDIES
PROVISION SHALL STILL APPLY.
U. S. Government Licensing Rights.
If the software is licensed under a U.S. Government contract, you acknowledge that
the software and related documentation are “commercial items,” as defined in 48
C.F.R. 2.01, consisting of “commercial computer software” and “commercial computer
software documentation,” as such terms are sued in 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1. You also acknowledge that the software is “commercial computer software”
as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies and entities
and others acquiring under a U.S. Government contract shall have only those rights,
and shall be subject to all restrictions, set forth in this Agreement.
Governing Law.
This Agreement is governed by the laws of the State of Kansas, United States of
America.
Assignment.
You may not, without the prior written consent of LXR, assign, delegate or transfer
this Agreement or any rights or obligations hereunder.
Severability.
Should any part, term or provision of this Agreement be declared, illegal or in
conflict with any law, rule, or regulation, the validity of the remaining portion,
terms, or provisions shall not be affected thereby and such invalid, illegal or
unenforceable provision shall be replaced by such valid, legal and enforceable provision
which comes closest to the intention of the parties underlying the invalid, illegal
or unenforceable provision.
Entire Agreement.
The terms and conditions contained herein constitute the entire agreement between
you and LXR and supersede all prior and contemporaneous written and oral agreements,
understandings, representations, and discussions, whether oral or written, relating
to the subject matter hereof, except as specifically referenced herein.
Headings.
The headings or captions are used for convenience only and are not to be used in
attempting to construe any part of this Agreement.
Interpretation.
Unless the context indicates otherwise, words importing the singular number shall
include the plural and vice versa, and words importing person shall include firms,
associations, partnerships, limited liability companies and corporations, including
public bodies and entities, as well as natural persons, and words of masculine gender
shall be deemed and construed to include correlative words of the feminine and neuter
genders and vice versa.
Amendment; Waiver.
None of the provisions of this Agreement may be amended without the written consent
of LXR. Any waiver by LXR of any provision or condition of this Agreement shall
not be construed or deemed to be a waiver of any other provision or condition of
this Agreement, nor a waiver of a subsequent breach of the same provision or condition,
unless such waiver be so expressed in writing and signed by LXR’s authorized representative.
Binding Effect.
This Agreement shall be binding upon and inure to the benefit of and be enforceable
by the legal representatives, successors or assigns of the parties.
Authority; Counterparts.
Any person accepting this Agreement in a representative capacity warrants and represents
that such person has the authority to do so and, upon request, proof of such authority
in customary form will be furnished.