Freedom Scientific End User License Agreement (EULA) – OpenBook

Freedom Scientific BLV Group LLC provides you with the software program included in the package accompanying this agreement (the program) and licenses you to use this program. The license granted to you is nonexclusive and does not grant ownership rights. As a licensed user (Licensee), you should understand that you do not own the program and the instructional materials that accompany the program; you are only licensed to use the program and instructional materials in accordance with the terms stated in this agreement.

When you become a licensed user, you assume sole responsibility for determining the appropriateness of the program for achieving your intended results. You further assume sole responsibility for the installation, use, and results obtained from the program, and you assume complete responsibility for the selection, installation, use, and placement of hardware with which you use the program.

DEMONSTRATION AND EVALUATION LICENSE ONLY. NOT FOR COMMERCIAL USE.

Software licenses which require either System Reboot after a certain period of time or expire after a certain number of days, are to be used for evaluation prior to purchase only. Any commercial use is prohibited. Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the SOFTWARE, or any portion thereof. Neither you, anyone at your direction nor any third party shall take the following actions with regard to the SOFTWARE, or any portion thereof to sell, rent, lend, lease, commercially exploit or use the SOFTWARE for any commercial purpose. For example, these demonstration or evaluation licenses are not permitted for purposes of development and testing of JAWS scripts, applications, HTML coding, or other Web Based code.

ACCEPTANCE OF THE LICENSE AGREEMENT

The terms and conditions of the Freedom Scientific Software License Agreement (License Agreement) explain the legal relationship between Freedom Scientific and the individual and institutional purchasers of Freedom Scientific software. By using the software, you acknowledge that you have read this agreement, that you understand it, and that you agree to be bound by all of its terms and conditions. You further agree that this agreement is the complete and exclusive statement of the agreement between you and Freedom Scientific, and that this agreement supersedes any prior communications, understandings, representations, proposals, or agreements, (whether oral or written) that may exist between you and Freedom Scientific.

If you choose to not accept the terms of this license agreement, then you must promptly return the following items to Freedom Scientific: the software, all materials that may have been included with the Freedom Scientific software, and the receipt you received when you purchased the software. The money you paid for the software, minus shipping/handling fees, will be refunded to you, if you meet the above conditions.

COPYING THE PROGRAM

The Licensee may not copy, transfer, decompile, disassemble, or reverse engineer the program or create a derivative work, or allow the program to be copied or transferred, in part or in whole, except as specifically indicated within this agreement. In the event the Licensee copies, transfers, decompiles, disassembles, or reverse engineers the program or creates a derivative work for another person in any form, except as is specifically authorized, then the Licensee's license to use the program shall be automatically terminated. The Licensee may install and use the program on more than one machine, but only one machine may be used at a time.

In the case of a Licensee who has purchased a Site, District, or Enterprise License, the Licensee may install the program on the specified number of machines as defined in the Site, District, or Enterprise License Agreement. The Licensee may copy the program for backup purposes to preserve the program. These copies and the original program may be stored in the possession of another person, so long as the storage does not result in the program being used in violation of the terms set forth above in this section.

Whenever the program or instructional materials are reproduced, then the copyright notice must also be reproduced and displayed in its original form.

TERMS

The license being granted shall be effective until terminated.

The Licensee may terminate the license at any time by destroying all copies of the program and all copies of related instructions, regardless of the form.

Additionally, this license is immediately terminated in the event the Licensee fails to comply with any term or condition of this agreement, whether or not Freedom Scientific has knowledge of the failure to comply. The Licensee agrees, as a term of this agreement, to destroy all copies of the program together with all related instructions, regardless of form, at such time this agreement is terminated, whether or not the Licensee is instructed to do so by Freedom Scientific.

LIMITED WARRANTY

The program provided to the Licensee is being provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with the Licensee.

Freedom Scientific does not warrant that the functions contained in the program will meet the Licensee's requirements or that the operation of the program will be uninterrupted or error free. However, Freedom Scientific warrants the media on which the program is furnished, to be free from defects in materials and workmanship, when in normal use, for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt. The limited warranty will be honored by Freedom Scientific provided that the media is properly stored in an area free of magnets and/or magnetic fields and provided that defects in the materials and workmanship of the media do not result from an act of God or other cause beyond the control of Freedom Scientific or the media manufacturer.

LIMITATION OF REMEDIES

Freedom Scientific's entire liability and the Licensee's exclusive remedy shall be the replacement of any media not meeting Freedom Scientific's limited warranty. In no event will Freedom Scientific be liable to the Licensee for any damages, including any lost profits, loss of savings or any other incidental or consequential damages as may arise out of the use or inability to use the program, even if Freedom Scientific personnel or agents have been advised of the possibility of such damages.

OTHER PROVISIONS

The Licensee may not sublicense, assign, or transfer this license to another party. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this agreement shall be null and void and without any legal effect.

This product uses the ETI-Eloquence text-to-speech system that contains material copyrighted by Nuance, Inc.

This agreement shall be governed by the laws of the state of Florida. In the event of any litigation of this agreement, the prevailing party shall be entitled to reimbursement of related costs incurred by such party, including but not limited to such party's reasonable attorney fees.

If you have questions concerning this agreement, contact Freedom Scientific for clarification at 11800 31st Court North, St. Petersburg, FL 33716, or phone (727) 803-8000.