This is a legal document between Thomson South-Western, a part of The Thomson Corporation, and you. Licensor is willing to license the Product and Documentation to you only upon the condition that you accept all of the terms contained in this license agreement. If you do not accept the terms of this license agreement, you may return the Product, Documentation and all packaging, along with proof of purchase, within 30 days of receipt and Licensor will issue a refund for any license fee paid by you for the returned Product.  

License Agreement

License Grant. Thomson South-Western, a part of The Thomson Corporation, grants to you, subject to termination as provided in this License Agreement, a nonexclusive, nontransferable license ("License") for each copy of the software ("Software") and templates ("Templates") contained on this electronic medium, any derivative works created in your use of the Templates, and any accompanying printed information relating to the Software and Templates delivered to you with the Software and Templates ("Documentation"). The Software, the Templates and the derivative works of the Templates are hereafter collectively referred to as the "Product". The Product and Documentation are subject to protection under the copyright, trade secret laws, where applicable, and other intellectual property laws of the United States and other jurisdictions. You may:

1. use the Product on a single microcomputer at any one time;

2. use the Product on more than one microcomputer provided only one copy is used at a time;

3. use the Product on a network provided that each user accessing the Product through the network has licensed a copy of the Product;

4. make one copy of the Product for archival or backup purposes;

5. create derivative works from the Templates as part of the normal use of the Templates.

You acknowledge that the Product and components (tangible and intangible) are the sole and exclusive property of Licensor and its information providers, and are subject to the copyright and intellectual property laws of the United States and other jurisdictions. Licensor and its information providers retain ownership of all copyrights and other intellectual property rights appurtenant to the Product and its components, and in all derivative works created in your use of the Templates.   Other than classroom distribution, you may not reproduce, redistribute, retransmit, modify, publish or exploit, or permit any third party to do any of the foregoing, any information, software or other content that you or they receive through the Product without permission of Licensor and the owner(s) or other authorized person(s).  
If you do obtain permission to reproduce, redistribute, retransmit, modify, publish or exploit any copyright material, you may not make changes to or delete any portion of the applicable material, or delete or change any author attribution or copyright notice.  You may not sell, rent, lease, transfer, give access to, modify, alter, decompile, disassemble, translate or reverse engineer the Product.

Disclaimer. You acknowledge that the reliability, availability and performance of resources accessed through the Internet are beyond Licensor's control and are not in any way warranted or supported by Licensor or its third party providers. You acknowledge that use of the Product to access the Internet ("Service") may not include safeguards relative to copyright, ownership, decency, reliability and integrity of content, and that you use the Product at your own risk.  You assume all responsibility and liability arising from your access to and use of the Product and the Internet. 
You will be responsible for providing and maintaining all telephone and other equipment and services required to use and access the Product.

License Termination. You may terminate this Agreement at any time by destroying the Product, and all copies, and all Documentation, and certifying to Licensor in writing that the Product and Documentation has been so destroyed. In the event that you fail to comply with any term or condition in this License Agreement, the License will terminate immediately without notice to you and Licensor may pursue all appropriate legal remedies. 

Limited Warranty. Licensor warrants that the media on which the Product is supplied will be free from defects in material and workmanship under normal use for a period of 90 days from the date of delivery to you. If the Product or media do not perform as warranted in this paragraph, Licensor will, as its sole liability and at its sole option, correct or replace the Product or defective media to comply with the warranty given in this paragraph or, at the option of Licensor, Licensor may refund the applicable License fees, in which event you shall return all copies of the Product 
and Documentation. If you wish to make a warranty claim, please return to Licensor the Product freight prepaid in its original packing, with Documentation. This warranty gives you specific legal rights and you may have other rights which vary from state to state. 

Disclaimer. The express warranties set forth in the preceding paragraph are the sole and exclusive warranties given, and are in lieu of, and you hereby waive, all other warranties, express, implied or statutory, including without limitation, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR AN INTENDED OR PARTICULAR PURPOSE, non-infringement or otherwise, respecting the Product, Documentation, or any Service. Upon expiration of the 90 day warranty period, you will be deemed to have accepted the Product and Service "as is" and "where is," and without any warranty of any kind. Licensor makes no warranty that the functions contained in the Product or Service will meet your requirements or that operation of the Product access to or use of the Service will be uninterrupted or error free or that the Product will operate in the hardware combination you select or that all program defects will be corrected. 

Limitation of Liability. For all claims relating to Licensor's performance or nonperformance under this Agreement, whether in contract, tort, strict liability or otherwise, including without limitation, claims for failure of the Product to operate as warranted, your sole and exclusive remedy and Licensor's sole and exclusive liability will be the exclusive remedy specified above.  In no event shall Licensor's liability hereunder, whether arising in contract, strict liability or tort, exceed license fee paid by you for the Product. 

In no event shall Licensor or its third party providers be liable for: indirect, special or consequential damages including lost business; lost profits or lost data; interest, penalties or assessments imposed under applicable tax laws or otherwise; third party claims by your affiliates, students or customers or otherwise; or damages with respect to which you contributed or acted as an intervening cause, regardless of whether foreseeable, even if Licensor has been advised of the possibility of such damages. 

Some states do not permit the exclusion of implied warranties, or the exclusion or limitation of incidental or consequential damages, so the foregoing may not apply to you. 

Restricted Rights. You may not sell or re-sell the Product to the U.S. Government. If the U.S. Government acquires this Product from any party other than Licensor, then the Product and Documentation are provided with restricted rights applicable to commercial computer software. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (a) through (d) of The Rights in Technical Data and Computer Software clause at FAR 52.227 and subparagraph at DFAR 252.227-7013 (Department of Defense contract). 
Contractor/manufacturer is Thomson South-Western, a part of The Thomson Corporation, 5191 Natorp Boulevard Mason, Ohio 45040.

You acknowledge that you have read this agreement and understand and agree to be bound by its terms and conditions. You agree that this agreement is the complete and exclusive statement of agreement between Licensor and you and supersedes any agreement, oral or written, and any other communications between Licensor and you relating to the License of the Product and Documentation. 

General. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO 
WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS. 

This Agreement may be assigned by Licensor without notice to you. 

EULA 1 - Version 04/06/2005