LIMITED USE LICENSE AGREEMENT

IMPORTANT: Read this entire document carefully before downloading the software. By downloading the software, you acknowledge that you have read this license agreement and agree to its terms and conditions.

This Limited Use License Agreement (LULA) is a legal agreement between you (either an individual or a single entity) and Almaris E-Learning Systems (ALMARIS) for this copy of the Financial Accounting Tutor, which includes computer software and associated media and printed materials, and online or electronic documentation (SOFTWARE or SOFTWARE PRODUCT). By installing the SOFTWARE PRODUCT, or by downloading, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this LULA. If you do not accept or agree with the terms and conditions of this LULA, please do not download the software.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

License: ALMARIS hereby grants you, and you accept, a non-exclusive and nontransferable license, to use the SOFTWARE PRODUCT on the following terms and conditions only:

a. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated.

b. The SOFTWARE PRODUCT is for your personal use only. It may not be installed or used to provide training to others.

c. You may install and use the SOFTWARE PRODUCT on a single computer. You may not use the SOFTWARE PRODUCT on more than one computer. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.

d. You may not make, distribute, or otherwise make available for distribution unauthorized copies of the SOFTWARE PRODUCT.

e. You may not share, rent, lease, transfer, resell, or grant any right to use this SOFTWARE PRODUCT, in whole or in part.

f. You may not reverse engineer, decompile, modify, or disassemble the SOFTWARE PRODUCT, in whole or in part, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

g. You may not store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, even if it is used only to install or run the SOFTWARE PRODUCT on your other computers over a network.

h. If you transfer possession of any copy or modification of the SOFTWARE PRODUCT to any third party, your license is automatically terminated. Such termination shall be in addition to and not in lieu of any equitable, civil, or other remedies available to ALMARIS.

Term: This License Agreement will terminate on the expiry date shown on the SOFTWARE PRODUCT. You may terminate it before the expiry date by destroying the SOFTWARE PRODUCT together with all copies made (with or without authorization). This Agreement will also terminate upon the conditions discussed elsewhere in this Agreement, or if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the SOFTWARE PRODUCT and all copies made (with or without authorization).

You acknowledge that all rights (including without limitation, copyrights, patents and trade secrets) in the SOFTWARE PRODUCT (including without limitation, the structure, sequence, organization, flow, logic, source code, object code and all means and forms of operation of the SOFTWARE PRODUCT) are the sole and exclusive property of Rachana Gode and Dan Gode (hereafter collectively referred to as GODE). You further acknowledge that ALMARIS has an exclusive, worldwide license to distribute the set and retail versions of the SOFTWARE PRODUCT according to the terms and conditions of the software distribution agreement between GODE and ALMARIS.

By accepting this Agreement, you do not become the owner of the SOFTWARE PRODUCT, but you do have the right to use it in accordance with the provisions of this Agreement. You agree to protect the SOFTWARE PRODUCT from unauthorized use, reproduction, or distribution. You acknowledge that the SOFTWARE PRODUCT contains valuable trade secrets and confidential information belonging to GODE. You may not disclose any component of the SOFTWARE PRODUCT, whether or not in machine-readable form, except as expressly provided in this Agreement.

Created with SumTotalSystems Toolbook II Instructor: Portions Copyright 1990-2001 SumTotalSystems Corporation. All Rights Reserved. Copying, modifying, or reverse engineering SumTotalSystems software included with this software is a violation of copyrights owned by SumTotalSystems and its associated vendors. By using this software, you agree to abide by the terms and conditions put forth by SumTotalSystems and its associated vendors. You are not authorized to access the software in the author mode of Toolbook.

Third-party images: Some of the images used in the software are copyrighted by New Vision Technologies and IMSI. The license to use this software does not give you the license to use these images. Attempts to extract the images via reverse engineering this SOFTWARE or by copying it from the computer display screen by any means including "screen capture" are a violation of the copyright laws. Even if you obtain unauthorized access to the author mode of this software, you will not be able to extract these images in a vector format because the images were converted to bitmap format before being used in the software. To use these images, approach the clip art vendors for a license.

LIMITED WARRANTY AND LIMITATION OF LIABILITY: To the original licensee only. ALMARIS warrants that the media on which the SOFTWARE PRODUCT is furnished are free from defects in the material and workmanship under normal use for a period of ninety (90) days from the date of purchase or receipt as evidenced by a copy of your receipt. If during the 90 day period, a defect in any media occurs, you may return it. ALMARIS will replace the defective media without charge to you. Your sole and exclusive remedy in the event of a defect is expressly limited to a replacement of the defective media at no additional charge. This warranty does not apply to damage or defects due to improper use or negligence.

This limited warranty is in lieu of all other warranties, expressed or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose.

Except as specified above, the SOFTWARE PRODUCT are furnished by ALMARIS and GODE on an "as is" basis and without warranty as to the performance or results you may obtain by using the SOFTWARE PRODUCT. Because of the diversity of conditions and hardware under which this SOFTWARE PRODUCT may be used, no warranty of fitness for a particular purpose is offered. The user is advised to test the SOFTWARE PRODUCT thoroughly before relying on it. The entire risk as to the results or performance, and the cost of all necessary servicing, repair, or correction of the SOFTWARE PRODUCT is assumed by you.

In no event will ALMARIS or GODE be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use the SOFTWARE PRODUCT, even if ALMARIS, or GODE, or an authorized ALMARIS dealer, have been advised of the possibility of such damages.

The SOFTWARE PRODUCT is written using many third-party tools such as Toolbook II Instructor produced by SumTotalSystems, Installshield produced by Installshield Corporation, Delphi produced by Borland Corporation, and as such suffers from all known and unknown defects in any third-party tools used to produce the software. ALMARIS and GODE assume no responsibility for the consequences of any such defects.

The SOFTWARE PRODUCT includes a financial calculator. This calculator has NOT been exhaustively tested and should only be used for solving problems provided in the SOFTWARE PRODUCT. It should NOT be used for any financial or accounting decisions.

The SOFTWARE PRODUCT covers the basic accounting concepts in a tutorial format. This requires simplifying certain concepts, which may render them inaccurate when technically correct definitions are required. For such technical details, please refer to the actual Financial Accounting Standards Board (FASB) pronouncements.

General: This Limited Warranty gives you specific legal rights. You may have others by operation of law which varies from state to state. If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, they are to that extent deemed omitted. This Agreement represents the entire agreement between us and supersedes any proposals or prior Agreements, oral or written, and any other communication between us relating to the subject matter of this Agreement.

This Agreement will be governed and construed as if wholly entered into and performed within the State of New York. You acknowledge that you have read this Agreement, and agree to be bound by its terms and conditions.

TECHNICAL SUPPORT ALMARIS provides technical support for this product. If you are having any technical difficulties with this product or have additional questions regarding installation and use, please visit http://www.almaris.com for current information about technical issues.

Please check requirements for system requirements.