End-User License Agreement (EULA) for Absorb Courseware




DEFINITIONS

Software: 'Absorb Viewer' software program together with 'Absorb' courseware files and any associated programs, media, and printed, online and electronic documentation

Computer: a workstation, terminal or other digital electronic device on which the output of the Software can be displayed.

Licensee: the institution or individual on whose behalf you are entering into this EULA

Read this license agreement before installing or copying the Software. By installing or copying the Software, you agree to be bound by the terms of this license agreement. If you do not agree to the terms of this license agreement, promptly cancel the installation and return the unused Software with accompanying items to the place from where you obtained them for a full refund.



LICENSE

1. You may:

1.1 install and use the Software at the postal address of the Licensee on as many Computers as you wish. The Licensee is displayed in the 'About' box accessible from the Help menu of the Software.

1.2 make one copy of the Software solely for backup purposes.

1.3 permit employees of the Licensee to install and use the Software at their normal place of residence, provided the total number of Licensed Computers is five or more. When the Software is used in such a way on the employee's home Computer, this computer is counted as one of the Licensed Computers.

2. You may not:

2.1 make or distribute copies of the Software other than for backup purposes.

2.2 RENT, LEASE, LOAN, SUBLICENSE, REVERSE ENGINEER, DECOMPILE, or DISASSEMBLE the Software or any part thereof.

2.3 modify the Software, except in accordance with Clause 3 of this EULA.

2.4 create works which derive from the Software.

2.5 install or use a Student Edition License for professional or institutional use.



MODIFICATIONS

3. You may modify a Unit or a Learning Resource provided:

3.1 you clearly display, at the top of the Unit or Learning Resource, when and by whom it was modified AND

3.2 you do not remove, obscure or modify in any way the chapter name, the title, the 'Absorb' trademark, the copyright notice and this license agreement AND

3.3 you do not make modifications that could be offensive to users of the modified learning resource AND

3.4 you only distribute the modified files to users at the same organisation

3.5 you only view modified Units or Learning Resources on licensed computers.

If you wish to distribute the modified files to users outside of the postal address of the Licensee please contact Crocodile Clips Ltd. at marketing@crocodile-clips.com



COPYRIGHT AND OWNERSHIP

4. The Software is owned by Crocodile Clips Ltd. and other third parties mentioned in this agreement. Copyright is protected by international copyright law and applicable national laws. Crocodile Clips Ltd retains all title and right and intellectual property rights to the Software. Any rights not specifically granted by this agreement are reserved by Crocodile Clips Ltd and other third parties mentioned in this agreement.



LIMITED WARRANTY

5.1 Limited Warranty. Crocodile Clips Ltd. warrants that for a period of ninety days from your date of purchase that, when used as recommended, (a) the Software will perform substantially in accordance with the Online Help; and (b) the media on which the Software is recorded will be free from defects in material and workmanship under normal use.

5.2 Limitation of Remedies. The entire liability of Crocodile Clips Ltd., and your only remedy, shall be, at the discretion of Crocodile Clips Ltd., either the return of the price paid or the replacement of the disk(s). This Limited Warranty is void if the failure of the Software has resulted from accident, abuse or misapplication.

5.3 No other Warranties. To the maximum extent permitted by law, Crocodile Clips Ltd. disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with regard to the software and accompanying written materials. No communication given by Crocodile Clips Ltd or its representatives shall increase the scope of this warranty.

5.4 Limited Liability. To the maximum extent permitted by law, Crocodile Clips Ltd. shall not be liable for any other damages whatsoever arising out of the use or inability to use the Software, even if Crocodile Clips Ltd. has been notified about the possibility of damages.



UPGRADES

6. If this copy of the Software was purchased as an upgrade from an earlier Crocodile Clips product, you agree by installing or copying this copy of the Software to voluntarily terminate your earlier EULA. Furthermore you agree that you will not continue to use the earlier version of the Software or transfer it to another person or entity.



USE AND AVAILABILITY OF OPEN SOURCE CODE

7. Portions of the Software were created using source code governed by the Netscape Public License (NPL) and the Mozilla Public License (MPL). The source code for the portions of the Software governed by the NPL and MPL is available from http://www.mozilla.org under those licenses.



RESTRICTIONS ON THE USE OF MACROMEDIA FLASH AND SHOCKWAVE PLAYER AND QUICKTIME PLAYER ("THE PLAYERS")

8. Licensee's right to use the Players is limited by the following restrictions:

8.1 Licensee may not make the Players available as stand-alone products from the Internet.

8.2 Licensee must use the installers provided for the Players AS IS and may not modify or alter the way the files are installed.

8.3 Other versions of the Players found elsewhere, including on www.macromedia.com, www.shockwave.com, or any other download site on the Internet, cannot be distributed under this agreement, including versions of the Players for devices, web appliances, set top boxes (STB), handhelds, phones, web pads and for any operating system that is not an Authorized Operating System.

8.4 Licensee may not distribute the Players through a server other than for the sole purpose of distributing the Players internally through the Licensee's Intranet.

8.5 Licensee may not combine the Players with Licensee Product in such a way that the Licensee Product's own file format or data type takes over the file format or data type for the Software. The Macromedia Flash Player and Shockwave Player must always remain the default players for their respective file formats and data types.

8.6 Licensee will not decompile, reverse engineer, disassemble, or otherwise reduce the Players to a human-readable form, modify or create derivative works based upon the Players.

8.7 Licensee will not export the Players into any country prohibited by the United States Export Administration Act and the regulations thereunder. "This Software is 'Restricted Computer Software.' Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable." Licensee acknowledges that neither the Players nor the underlying information or technology may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia (Serbia and Montenegro), North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S.Commerce Department's Table of Denial Orders. Licensee hereby represents and warrants that it is not located in or under the control of, a national or resident of any such country or on any such list.





This EULA shall be governed by Scots Law. All questions concerning this EULA shall be directed to: Crocodile Clips Ltd, 43 Queensferry Street Lane, Edinburgh EH2 4PF, Scotland, UK.

Crocodile Clips, Crocodile Physics, Crocodile Chemistry, Crocodile Technology, Crocodile Mathematics and Absorb are trademarks or registered trademarks of Crocodile Clips Ltd. in the United States, the United Kingdom and/or other countries.