COACHING ASSISTANT TOOLS SOFTWARE LICENSE

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
BY USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.

If you do not agree with the terms of this license,
you must not use this software.

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.

The enclosed computer program(s) ("Software") is licensed, not sold to you by Eight Cities Media and Publications, ("EightCitiesMAP") for use only under the terms of this License, and EightCitiesMAP reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but EightCitiesMAP and its licensors retain ownership of the Software itself.

(a) Use one copy of the Software on a single computer at a time. To "use" this software means that the Software is either loaded into temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.). You may install the Software on a common storage device which is accessible by multiple computers, provided that if more computers have access to the common storage device than the number of licensed copies of the Software, you must have some software mechanism which locks-out any concurrent users in excess of the number of licensed copies of the Software, or purchase additional copies of the Software, or obtain prior written permission from EightCitiesMAP to install the Software on more than one local hard disk by acquiring EightCitiesMAP's Additional-Copy License for a small additional fee.

(b) Make one copy of the Software in machine readable form solely for backup purposes. You may not copy the written materials.

(c) Permanently transfer all your rights under this license to another party by providing to such party all copies of the Software licensed under this License together with a copy of this License and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this License. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.

(d) Notwithstanding any other terms of this License, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).

2. Restrictions. The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THIS SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Termination. This License is effective until terminated. This License will terminate immediately without notice from EightCitiesMAP or judicial resolution if you fail to comply with any provision of the License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 5, 6 and 7 will survive any termination.

4. Export Law Assurances. You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purposes prohibited by the Act.

5. Limited Warranty. EightCitiesMAP warrants for a period of ninety (90) days from the date of your purchase that (i) the media on which the Software is recorded will be free from defects in materials and workmanship under normal use, and (ii) the Software as provided by EightCitiesMAP will substantially conform to EightCitiesMAP's published specifications for the Software. EightCitiesMAP's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at EightCitiesMAP's option, replacement of the media, refund of the purchase price or repair or replacement of the Software.

6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIGHTCITIESMAP AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, BUT NOT LIMITED TO, IMPLIED WARRANTEES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING PRINTED MATERIALS, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Limitation of Remedies and Damages. IN NO EVENT WILL EIGHTCITIESMAP, ITS PARENT OR SUBSIDIARIES OR ANY LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF EIGHTCITIESMAP OR AN EIGHTCITIESMAP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EightCitiesMAP's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the amount EightCitiesMAP or its suppliers received from you for a license to the Software.

THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAWS REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. General. If you acquired this product in the United States, this Agreement will be governed by the laws of the State of New Jersey, except for that body dealing with conflicts of law. If this product was acquired outside the United States, then local law may apply. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent possible, and the remaining provisions of this License will remain in full force and effect.

9. Government Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or in Restricted Rights at 48 CFAR 52.227-19, as applicable.

Should you have any questions concerning this agreement, or if you desire to contact EightCitiesMAP, please contact: Eight Cities Media and Publications, Customer Services Deprtment, P.O. Box 9041, Jersey City, NJ 07309-9041, U.S.A. You may also contact us by e-mail at EightCitiesMAP@juno.com.

If you do not agree with the terms of this license
you must not use this software.

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