Before assigning you a new account, you will have to read through and agree on
the following license agreement.
Software Trial License
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING
IMMEX COMPUTER SOFTWARE (THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED
AND LICENSED (NOT SOLD). BY USING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING
TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY
THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD EXIT THIS APPLICATION AND AVOID
USING THE PROGRAM. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT
CONCERNING THE PROGRAM BETWEEN YOU AND THE LEARNING CHAMELEON, INC. (REFERRED
TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL,
REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
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License Grant. Licensor hereby grants to you, and you
accept, a nonexclusive license to use the computer programs in
machine-readable, object code form only, for use only as authorized in this
License Agreement for the limited purpose of evaluation. The Program may be
used only on a single computer owned, leased or otherwise controlled by you.
Neither concurrent use on two computers nor use in a local area network or
other network is permitted without separate authorization and the payment of
license fees. You agree that you will not copy the Program or assign,
sublicense, transfer, pledge, lease, rent, or share your rights under this
License Agreement. You agree that you may not reverse assemble, reverse
compile, or otherwise translate the Program.
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Licensor's Rights. You acknowledge and agree that the
Program is proprietary to Licensor and protected under U.S. copyright law. You
further acknowledge and agree that all right, title, and interest in and to the
Program, including associated intellectual property rights, are and shall
remain with Licensor. The License Agreement does not convey to you an interest
in or to the Program, but only a limited right of use revocable in accordance
with the terms of this License Agreement.
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Term. This License Agreement is effective upon receipt of
your account and shall terminate with the expiration of your account.
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No Warranty; Limitation of Liability. YOU ACKNOWLEDGE THAT
THE PROGRAM IS PROVIDED FOR THE LIMITED PURPOSE OF EVALUATION ONLY AND ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. LICENSOR
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR PERFORMANCE OF THE
PROGRAM. LICENSOR EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL HAVE NO LIABILITY TO CUSTOMER
OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY
THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OF SERVICES, LOSS
OF BUSINESS, LOSS OF DATA OR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES.
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Trademark. IMMEX is a trademark of Licensor. No right,
license, or interest to such trademark is granted hereunder, and you agree that
no such right, license, or interest shall be asserted by you with respect to
such trademark.
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Governing Law. This License Agreement shall be construed
and governed in accordance with the laws of the State of North Carolina.
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Costs of Litigation. If any action is brought by either
party to this License Agreement against the other party regarding the subject
matter hereof, the prevailing party shall be entitled to recover, in addition
to any other relief granted, reasonable attorney fees and expenses of
litigation.
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Severability. Should any term of this License Agreement be
declared void or unenforceable by any court of competent jurisdiction, such
declaration will have no effect on the remaining terms hereof.
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No Waiver. The failure of either party to enforce any
rights granted hereunder or to take action against the other party in the event
of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of future
breaches.
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Privacy. IMMEX will not sell, trade, or rent your personal
information to others.