Assessment OMR Suite Personal Edition 2.2.2.0

EULA - End User License Agreement

LACURITIE COMPUTACIN LTDA.
SOFTWARE LICENSE AGREEMENT FOR ASSESSMENT OMR SUITE

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING LACURITIE'S ASSESSMENT OMR SUITE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, SIMPLY DO NOT AGREE WITH THE LICENSE TERMS WHEN PROMPTED.

1. General. The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "LaCuritie Software") are licensed, not sold, to you by LaCuritie Computacin Ltda. ("LaCuritie") for use only under the terms of this License, and LaCuritie reserves all rights not expressly granted to you. The rights granted herein are limited to LaCuritie's and its licensors' intellectual property rights in the LaCuritie Software and do not include any other patents or intellectual property rights. You own the media on which the LaCuritie Software is recorded but LaCuritie and/or LaCuritie's licensor(s) retain ownership of the LaCuritie Software itself. The terms of this License will govern any software upgrades provided by LaCuritie that replace and/or supplement the original LaCuritie Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. LaCuritie Software may include technology designed for preventing illegal copies and to help customers with the handling of their licenses. This technology, if improperly configured, may prevent the user from effectively using the Software.

2. Demo Version Installation. You may install the demo versions of the LaCuritie Software in any number of computers.

3. Personal Edition Installation. You may install the Personal Edition of the LaCuritie Software in multiple personal computers (each of which must be owned solely by you).

4. Site Editions Installation. You may install the Site Editions of the LaCuritie Software in any number of computers located within a single physical location ("site"), such as the main building for an educational institution.

5. Corporate Edition Installation. You may install the Corporate Edition of the LaCuritie Software in any number of computers located within different physical locations ("sites") related to and controlled by a corporate entity, such as a university using the Software for all its campuses.

6. Permitted License Uses and Restrictions. The LaCuritie Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the LaCuritie Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the LaCuritie Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the LaCuritie Software or any part thereof.

7. Transfer. You may not rent, lease, lend, redistribute or sublicense the LaCuritie Software. You may, however, make a one-time permanent transfer of all of your license rights to the LaCuritie Software to another party, provided that: (a) the transfer must include all of the LaCuritie Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the LaCuritie Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the LaCuritie Software reads and agrees to accept the terms and conditions of this License.

8. Consent to Use of Data. You agree that LaCuritie and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the LaCuritie Software and to verify compliance with the terms of this License. LaCuritie may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

9. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from LaCuritie if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the LaCuritie Software and destroy all copies, full or partial, of the LaCuritie Software.

10. Technical Support. This License does not extend any rights for technical support to you in regards to the LaCuritie Software. Any agreement for support services will require a separate contract between LaCuritie and the user(s). LaCuritie reserves the right to provide or not, at its own discretion, tools to solve customer inquiries about the Software, whether using e-mail contacts, Internet technologies designed for it, or through any other means.

11. Limited Warranty on Media. LaCuritie warrants the media on which the LaCuritie Software is recorded and delivered by LaCuritie to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at LaCuritie's option, a refund of the purchase price of the product containing the LaCuritie Software or replacement of the LaCuritie Software which is returned to LaCuritie or an LaCuritie authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

12. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LACURITIE SOFTWARE (AS DEFINED ABOVE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LACURITIE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LACURITIE AND LACURITIE'S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LACURITIE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LACURITIE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LACURITIE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE LACURITIE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LACURITIE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LACURITIE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LACURITIE OR AN LACURITIE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LACURITIE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LACURITIE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LACURITIE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LACURITIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall LACURITIE's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

14. Export Control. You may not use or otherwise export or reexport the LaCuritie Software except as authorized by Chilean law and the laws of the jurisdiction in which the LaCuritie Software was obtained. You also agree that you will not use these products for any purposes prohibited by Chilean law.

15. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of Chile. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

16. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the LaCuritie Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by LaCuritie. Any translation of this License is done for local requirements and in the event of a dispute between the Spanish and any non-Spanish versions, the Spanish version of this License shall govern.