Learn Mandarin with Jade courseware
END USER LICENSE AGREEMENT
PLEASE READ THIS LICENSE CAREFULLY. By using this software, you are agreeing to be bound by all terms of this License.
LICENSE.
In consideration of payment of the Licence fee which is a portion of the price you paid, the software, including any images incorporated in or generated by the software, and data accompanying this Licence (the "Software") and related documentation are licensed (not sold) to you by Jade. Jade does not transfer title to the Software to you; this License shall not be considered a "sale" of the Software. You own the CD ROM on which this Software is recorded, but Jade retains full and complete title to the Software on the CD ROM and the accompanying documentation and all intellectual and industrial property rights therein. This non-exclusive and personal Licence gives you the right to use and display this copy of the Software. You must treat the Software like any other copyrighted material. You may not copy the Software or the written material accompanying the Software.
RESTRICTIONS.
The Software contains copyrighted material, trade secrets, and other proprietary material. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable form. Except as provided for in this License, you may not copy, modify, network, rent, lease or otherwise distribute the Software nor can you make the Software available by "bulletin boards," on-line services, remote dial-in, or network or telecommunications links of any kind; nor can you create derivative works or any other works that are based upon or derived from the Software in whole or in part. W thin the terms of this License agreement, you may transfer all of the Licence rights to the Software to another party provided that the original CD ROM containing the Software, the related documentation, all copyright notices, and a copy of this License are transferred to that party, and provided that party reads and agrees to accept the terms and conditions of this Licence. If you transfer the Software you must remove the Software from your hard disk drive and you many not retain any copies of the Software for your own use, This Software is for your PERSONAL, NON-COMMERCIAL, and NON-GOVERNMENTAL use only.
FURTHER RESTRICTIONS ON USE FOR SOFTWARE WITH PRINT FUNCTIONS.
If the software provides you with the ability to print images containing Jade's copyrighted characters, this License only allows you to print the images on paper only and use them as printed by your computer's printer for your PERSONAL, NON-COMMERCIAL and NON-GOVERNMENTAL use. (e.g., You may not sell or publicly display such images); provided that you preserve all copyright notices that are included with the images as generated by the Software. You may not use images generated by the Software in connection with any advertising or promotional materials, whether for profit or not for profit. Use of images generated by the Software for any purpose not specifically allowed by this License is a violation of Jade's copyrights, trademarks and other proprietary rights and will result in the immediate termination of this Licence
TERMINATION.
This License is effective until terminated by either party. You may terminate this Licence at any time by returning the Software to Jade or destroying the Software and all related documentation and all copies and installations thereof, whether made under the terms of this License or otherwise. This Licence will terminate immediately without notice from Jade if you fail to comply with any provision of this Licence. Upon termination you must destroy or return to Jade the Software and related documentation. No refunds will be issued.
v2002
LIMITED WARRANTY AND DISCLAIMER.
JADE WARRANTS THE CD ROM ON WHICH THE SOFTWARE 1S RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE AS EVIDENCED BY A COPY OF THE SALES RECEIPT OR PACKING SLIP. JADE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE REPLACEMENT OF THE DEFECTIVE CD ROM(S) UPON RETURN OF THE SOFTWARE TO JADE WITH A COPY OF YOUR PROOF OF PURCHASE. JADE WILL HAVE NO RESPONSIBILITY TO REPLACE A CD ROM DAMAGED BY ACCIDENT, ABUSE OR MISAPPLICATION. ANY IMPLIED WARRANTY AND/OR CONDITIONS ON THE CD ROM, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE OR DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AND/OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. JADE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JADE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, JADE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE LIMITATIONS OF LIABILITIES DESCRIBED IN THIS SECTION ALSO APPLY TO THE THIRD PARTY SUPPLIERS OF MATERIAL USED IN THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE BY JADE OR A JADE AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTIES AND/OR CONDITIONS OR IN ANY WAY INCREASE TIRE SCOPE OF THIS LIMITED WARRANTY. YOU (AND NOT JADE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
Under no circumstances, including negligence, shall Jade be liable for any
special or consequential damages that result from the use of, or the inability to
use, the software or related documentation, even if Jade or a Jade
authorized representative has been advised of the possibility of such damages.
Some jurisdiction do not allow the limitation or exclusion of liability or
incidental damages so the above limitations may not apply to you. In no event shall Jade's total liability to you for any damages, losses, and causes of action (whether in contract, tort (including negligence or otherwise) exceed the amount paid by you for the Software.
GOVERNING LAW AND SEVERABILITY.
This License shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. If any provision of this Licence shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this License and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties.
