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License and Limited Warranty Agreement

PhysioEx 9.0: Laboratory Simulations in Physiology


ISBN-10:0321692179
ISBN-13:9780321692177

(Individual Ownership License)

Warning: Pearson Education, Inc., publishing as Pearson Benjamin Cummings is


willing to license to you the software product on this CD-ROM, only upon the
condition that you accept all of the terms contained in this License and Limited
Warranty Agreement.

CAREFULLY READ THIS LICENSE AND LIMITED WARRANTY AGREEMENT (this "Agreement")
BEFORE YOU USE THIS PRODUCT AS LAUNCHING THE SOFTWARE WILL INDICATE YOUR ASSENT TO
THE TERMS OF THIS AGREEMENT. This is a legal agreement between you (an individual)
and Pearson Education, Inc., publishing as Pearson Benjamin Cummings (hereinafter
called "Publisher"). By using this product you agree to be bound by this Agreement.
If you do not agree to the terms of this Agreement, do not use the Product.

DEFINITIONS

The following definitions apply to the terms as they appear in this Agreement:

* "You" and "Your" refer to any person that acquires or uses this Product.

* "Publisher's Content" means digitally encoded illustrations, pictures, images,


photographs, animations, video, sound, text, and other non-programmatic material
created by Publisher or their licensors.

* "Program" means any computer programs contained in this Product created by


Publisher or their licensors.

* "Product" means the Programs, Publisher's Content, documentation, and other


material provided to You by Publisher.

LICENSE

You are obtaining limited rights to use the Product subject to the terms of this
Agreement. Publisher or the licensors retain ownership of (i) the Product and (ii)
any intellectual properties related to the Product.

PERMITTED USES OF THE PROGRAM

Publisher grants You a personal, nonexclusive, nontransferable and non-assignable


limited license to use the Program as follows. You may: make a copy of the Program
on a storage device solely for execution on one computer at a time of the type
identified in the documentation contained in the Product for use by a single user
for Your educational use only; load a copy of the Program in the memory of one
computer for use with that computer by one person at a time; and, make a copy of
the Program for archival purposes only.

PROHIBITED USES

You may not use, copy, modify, or distribute the Programs, Publisher's Content, or
documentation contained in this Product except as expressly described in this
Agreement or permitted in writing signed by an authorized representative of
Publisher. Without limiting the generality of the foregoing statement, You may not:
* reverse-engineer, disassemble or decompile the Programs or in any way attempt to
discover or reproduce the codes, techniques, formats, concepts, methods, ideas, and
information contained in or used to create the Program;

* export the Product or any portion thereof to any person or entity in violation of
the United States Export Administration Act;

* broadcast or televise any of the Programs, Publisher's Content;

* distribute copies of the Programs, Publisher's Content, or documentation in the


Product or electronically transfer the Programs or Publisher's Content from one
computer to another over a network;

* sell the Programs or Publisher's Content;

* lend, lease, rent, or license the Product, or any portion thereof; or

* make or export copies of the Publishers Content, or any portion thereof, for use
with another computer program.

* copy, modify, or create derivatives of the Programs, the Publishers Content or


documents contained in the Product.

TERMINATION

This Agreement and Your rights to use the Product terminate automatically if You
violate any part of this Agreement. In the event of termination, You must
immediately destroy all copies of the Product or return the Product to Pearson
Education, Inc., publishing as Pearson Benjamin Cummings, including all copies of
the Programs made by You, as permitted hereunder.

LIMITED WARRANTY

Publisher warrants that, upon delivery by Publisher, the media on which the Product
is distributed will be free from defects in materials and workmanship and the
Programs will substantially conform to published specifications and to the
documentation, provided Programs are used on the computer hardware and with the
operating systems and software programs for which they were designed. If the
Product fails to comply with these limited warranties, Publisher will replace the
media or, at Publisher's option, make a reasonable effort to correct any non-
conformities in the Programs. You must, however, return Your original media, along
with a copy of Your paid invoice, to Publisher or their authorized representative
within 90 days of the date You purchased the Product. If Publisher is unable to
correct defective media or nonconformities in the Programs, Publisher will refund
the price You paid for this Product. The refund will fully satisfy all of Your
claims under this limited warranty. This limited warranty shall continue for any
replacement Product for the rest of the original 90-day warranty period or for 30
days from the date You receive the replacement, whichever is longer. Publisher s
liability to You for actual damages for any cause whatsoever, and regardless of the
form of the action, will be limited to the money paid for the Product.

Publisher does not warrant that the Product is free from all errors and omissions
or that the functions contained in the product will meet Your requirements.
Publisher does not warrant that Publisher's Content meets any particular standard.

The limited warranty is void if failure of product has resulted from modification,
accident, abuse, or misapplication.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, PUBLISHER AND THE LICENSORS DISCLAIM ALL
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY
FROM STATE TO STATE.

EXCEPT AS SPECIFICALLY SET FORTH ABOVE, PUBLISHER AND THE LICENSORS WILL IN NO
EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
EITHER DIRECT OR INDIRECTLY INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS,
INCOME OR USE DATA. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES; THEREFORE, THE LIMITATIONS SET IN THIS AGREEMENT MAY NOT
APPLY TO YOU.

GENERAL

This Agreement constitutes the entire agreement and supersedes any prior agreement
between Publisher and You concerning the Product. Publisher is not bound by any
provision of any purchase order, or other document, unless Publisher specifically
amends this Agreement. This Agreement cannot be amended, modified, or waived,
unless the change is written and signed by an authorized corporate officer of
Publisher. This Agreement is governed by the laws of the State of California,
without regard to conflict of law principle.

Director, Shockwave, and Flash copyright 2008 Adobe Systems Incorporated. All
rights reserved.

2011 Pearson Education, Inc.