SOFTWARE LICENSE AGREEMENT
Important - Read carefully before opening software package.
This is a legal agreement between you, the end user, and John Wiley & Sons, Inc. ("Wiley"). The enclosed Wiley software program and accompanying data (the "Software") is licensed by Wiley for use only on the terms set forth herein. Please read this license agreement. Opening the package indicates that you accept these terms. If you do not agree to these terms, please check with your point of purchase reseller to confirm their respective return guidelines and policies. Return policies may vary among resellers.
1. License: Wiley hereby grants you, and you accept, a non-exclusive and non-transferable license, to use the Software on the following terms and conditions only:
(a) The Software is for your personal use only.
(b) You may not use the Software on more than a single terminal connected to a single computer (i.e., single CPU).
(c) A backup copy or copies of the Software may be made solely for your personal use. Except for such back up copy or copies, you may not copy, modify, distribute, transmit or otherwise reproduce the Software or related documentation, in whole or in part, or systematically store such material in any form or media in a retrieval system; or store such material in electronic format in electronic reading rooms; or transmit such material, directly or indirectly, for use in any service such as document delivery or list serve, or for use by any information brokerage or for systematic distribution of material, whether for a fee or free of charge. You agree to protect the Software and documenation from unauthorized use, reproduction, or distribution.
(d) You agree not to remove or modify any copyright or proprietary notices, author attribution or disclaimer contained in the Software or documentation or on any screen display, and not to integrate material from therefrom with other material or otherwise create derivative works in any medium based on or including materials from the Software or documentation.
(e) You agree not to translate, decompile, disassemble or otherwise reverse engineer the Software.
2. Limited Warranty:
(a) Wiley warrants that this product is free of defects in materials and workmanship under normal use for a period of 30 days from the date of purchase as evidenced by a copy of your receipt. If during the 30-day period a defect occurs, you may return the product. Your sole and exclusive remedy in the event of a defect is expressly limited to the replacement of the defective product at no additional charge.
(b) The limited warranty set forth above is in lieu of any and all other warranties, both express and implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. The liability of Wiley pursuant to this limited warranty will be limited to replacement of the defective copies of the Software. Some states do not allow the exclusion of implied warranties, so the preceding exclusion may not apply to you.
(c) Because software is inherently complex and may not be completely free of errors, you are advised to verify your work and to make backup copies. In no event will Wiley, nor anyone else involved in creating, producing or delivering the Software, documentation or the materials contained therein, be liable to you for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use or inability to use the Software, documentation or materials contained therein even if advised of the possibility of such damages, or for any claim by any other party. In no case will Wiley's liability exceed the amount paid by you for the Software. Some states do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(d) Wiley reserves the right to make changes, additions, and improvements to the Software at any time without notice to any person or organization. No guarantee is made that future versions of the Software will be compatible with any other version.
3. Term: Your license to use the Software and documentation will automatically terminate if you fail to comply with the terms of this Agreement. If this license is terminated you agree to destroy all copies of the Software and documentation.
4. Ownership: You acknowledge that all rights (including without limitation, copyrights, patents and trade secrets) in the Software and documentation (including without limitation, the structure, sequence, organization, flow, logic, source code, object code and all means and forms of operation of the Software) are the sole and exclusive property of Wiley and/or its licensors, and are protected by the United Sates copyright laws, other applicable copyright laws, and international treaty provisions.
5. Restricted Rights: This Software and/or user documentation are provided with restricted and limited rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in paragraph (b)(3)(B) of the Rights in Technical Data and Computer Software clause in DAR 7-104.9(a), FAR 52.2227-14 (June 1987) Alternate III(g)(3)(June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-701 (c)(1)(ii)(June 1988), or their successors, as applicable. Contractor/manufacturer is John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030.
6. Canadian Purchase: If you purchased this product in Canada, you agree to the following: the parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including Notices, have been and will be drawn up in the English language only.
7. General: This Agreement represents the entire agreement between us and supersedes any proposals or prior Agreements, oral or written, and any other communication between us relating to the subject matter of this Agreement. This Agreement will be construed and interpreted pursuant to the laws of the State of New York, without regard to such State’s conflict of law rules. Any legal action, suit or proceeding arising out of or relating to this Agreement or the breach thereof will be instituted in a court of competent jurisdiction in New York County in the State of New York and each party hereby consents and submits to the personal jurisdiction of such court, waives any objection to venue in such court and consents to the service of process by registered or certified mail, return receipt requested, at the last known address of such party.
Should you have any questions concerning this Agreement or if you desire to contact Wiley for any reason, please write to: John Wiley & Sons, Inc., Customer Sales and Service, 111 River Street, Hoboken, NJ 07030.
