Multiple Choice Quiz Maker

USER AGREEMENT FOR THE MULTIPLE CHOICE QUIZ MAKER

IMPORTANT - PLEASE READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual or a single entity) and Prof. Dr. John F. Turner & Son ("TAC-SOFTWARE") for the software product "Multiple Choice Quiz Maker" ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not install, copy, or use the SOFTWARE

DEFINITIONS:
a) "Multiple Choice Quiz Maker" means the Tac-Software authoring program, the HTML templates and any related documentation, models and multimedia content supplied by Tac-Software.
b) "End-User Product" means the output HTML file generated by you, if any, using the Quiz Maker software.

LICENSE :
Tac-Software grants you the right to install the Multiple Choice Quiz Maker and related documentation onto a single computer for your personal use. You may not use, copy, modify, sell or transfer any part of the SOFTWARE except as provided in this agreement. This agreement allows you to make copies of the end-user product and distribute these copies for use by others. The Multiple Choice Quiz Maker is protected by copyright laws and other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

YOU MAY NOT:
1. Sub-license the SOFTWARE PRODUCT.
2. Reverse engineer, decompile, or disassemble the SOFTWARE.
3. Make copies of the SOFTWARE PRODUCT other than for back-up purposes, and you may not use the back-up copies other than as a replacement for the original copy. You must include in the back-up copies all copyright and other notices included in the original SOFTWARE.
4. Modify, rent, resell for profit, distribute or create derivative works based upon the SOFTWARE PRODUCT or any part thereof.

NO WARRANTY; NO LIABILITY FOR DAMAGES: THE MULTIPLE CHOICE QUIZ MAKER SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY,MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL TAC-SOTFWARE OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION; PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF TAC-SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO WARRANTY IS MADE THAT THE SOFTWARE WILL GENERATE COMPUTER PROGRAMS WITH THE CHARACTERISTICS OR SPECIFICATIONS DESIRED BY YOU OR THAT THE PROGRAMS CREATED WILL BE ERROR-FREE. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES AND/ OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMIT OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY LIABILITY OF TAC-SOFTWARE WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF THE PURCHASE PRICE OF THE SOFTWARE.

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE FEDERAL REPUBLIC OF GERMANY AND SHALL INURE TO THE BENEFIT OF TAC-SOFTWARE INCLUDING ANY SUCCESSORS, ADMINISTRATORS, HEIRS AND ASSIGNS. ANY ACTION OR PROCEEDING BROUGHT BY EITHER PARTY AGAINST THE OTHER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION LOCATED IN REUTLINGEN, BADEN-WUERTTEMBERG, GERMANY. THE PARTIES HEREBY CONSENT TO IN PERSONAM JURISDICTION OF THE SAID COURTS.

BY RUNNING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.