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Software License Agreement
This is a legal agreement between you, the end user, and Interactive Study Systems, Inc. ("ISS") a Florida corporation. This software is protected by copyright laws and remains the sole property of ISS. All ISS clients are required to read the Terms and Conditions before receiving their initial delivered package. By opening the delivered package or by installing ISS training materials (the "Software") and media, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the unopened delivered package and uninstalled media to ISS at the address indicated below within 7 days of receipt.
1. Grant of License. ISS hereby grants to you (an individual) the right to install and activate the Software on three (3) separate computers for your personal and non-commercial use. You may not network this Software, or allow multiple users unless you purchased a multi-user workstation license. Sharing this Software with other individuals or allowing other individuals to view the contents of this Software is in violation of this license. All electronic deliveries are sent to the registered email address of the end user, unless written authorization is given to ISS to alter delivery method. All packages are delivered to the address on members’ record. Any changes to the membership must be authorized in writing by ISS
2. Copyright. The Software is owned by ISS and protected by United States copyright laws and international treaty provisions. Therefore, you must treat this Software like any other copyrighted material. You may not make this Software or copies thereof available in any manner or form or use, copy or transfer the Software, in whole or in part, except as provided herein.
3. Other Restrictions. You may not rent or lease this Software to any other party. You may not alter, merge, modify, adapt, reverse engineer, decompile or disassemble the software, or disclose the contents of this Software to any other party.
4. Electronic Transmission of Software. If you received the Software by electronic transmission or internet delivery then installation of the Software acknowledges that you have read and understand this license agreement and agree to be bound by its terms and conditions.
5. Lifetime Members: The term of this Agreement and the license granted to you pursuant hereto shall commence upon date of purchase and shall continue for the life of the member. Lifetime members pay a onetime fee for lifetime support and access to additional titles. Members may only order 2 titles at a time by requesting selected titles via email - ORDER@CAREERSAVER.COM. Member must show proof of pass or fail attempt from the testing center to receive the next requested title. ISS will make special arrangements in writing for members using the Software for purposes other than certification, and will receive no more than 2 titles per 6 month period. Non Cert Members do not have to go to a testing center to receive additional titles but they must at least show proof of 2 passing attempts within the simulated portion of the software. Additional membership fees – Members with outdated material will pay a $199 fee for the updated title request. Memberships purchased by a corporation can transfer the membership 2 times at a price of $500 per transfer.
This Agreement and the license granted herein may otherwise be terminated by ISS in the event that you are in breach of any provision of this Agreement. In the event of termination, you agree to immediately return this Software, accompanying items, and any copies thereof to ISS.
Regular single title or any purchase not involving a lifetime agreement: The term of this Agreement and the license granted to you pursuant hereto shall commence upon date of receipt of this Software and shall be terminated 1 year from the date of purchase. At which time support must be reactivated at the current support activation costs. This Agreement and the license granted herein may otherwise be terminated by ISS in the event that you are in breach of any provision of this Agreement. In the event of termination, you agree to immediately return this Software, accompanying items, and any copies thereof to ISS.
6. LIMITED WARRANTIES
(A) FOR A PERIOD OF 7 DAYS FROM THE DATE OF RECEIPT YOU MAY RETURN THE PACKAGE FOR ANY REASON AS LONG AS THE DELIVERED PACKAGE IS UNOPENED. ANY OPENED PACKAGE WILL NOT QUALIFY FOR A REFUND. REFUND REQUEST SHOULD BE IN WRITING VIA EMAIL SUPPORT@CAREERSAVER.COM OR FAX (727) 450-0485. IN ORDER FOR ISS TO PROCESS YOUR RETURN WITHIN 30 DAYS OF THE DATE OF RECEIPT, WE REQUIRE THAT YOU CONTACT ISS FOR A RMA (Returned Merchandise Authorization) NUMBER TO WRITE ON YOUR RETURNED PACKAGE. ANY PACKAGE RETURNED WITHOUT AN RMA # WILL BE REFUSED. SHIPPING AND ACTIVATION IS NON REFUNDABLE.
(B) THE CD-ROM (THE "MEDIA") WHICH CONTAINS THIS SOFTWARE IS WARRANTED, FOR AN ADDITIONAL PERIOD OF 30 DAYS FROM THE DATE OF PURCHASE, TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. ELECTRONIC TRANSMISSION IS WARRANTED TO BE FREE FROM DEFECTS AT THE MOMENT OF TRANSMISSION. YOU'RE SOLE AND EXCLUSIVE REMEDY AND ISS SOLE LIABILITY AFTER THE 7TH DAY, IS ONLY TO REPLACE THE DEFECTIVE MEDIA OR TO REPEAT THE ELECTRONIC TRANSMISSION. PROVIDED THAT YOU NOTIFY ISS IN WRITING OF SUCH DEFECT OR DEFECTIVE TRANSMISSION AND RETURN THE DEFECTIVE MEDIA, IF ANY, DURING THE 30-DAY WARRANTY PERIOD, TO THE FOLLOWING ADDRESS:
Interactive Study System, 6840 Ulmerton Road, Largo, Florida 33771
(C) IN ORDER TO QUALIFY FOR THE "NO PASS GUARANTEE" YOU MUST PASS TWO SIMULATED EXAMS AND SHOW A FAILING ATTEMPT ON SAME EXAM FROM THE TESTING CENTER WITHIN THE FIRST 60 DAYS OF YOUR PURCHASE USING THE PRINT SCORE FUNCTIONS OF THE SOFTWARE AS PROOF. SEND ALL THIS INFORMATION VIA FAX (727) 450-0485 OR EMAIL TO SUPPORT@CAREERSAVER.COM WITHIN 60 DAYS TO QUALIFY FOR A REFUND.
(D) IF YOU ARE NOT 100% SATISFIED WITHIN 15 DAYS OF YOUR PURCHASE A LIFETIME MEMBERSHIP DOWNGRADE OPTION IS AVAILABLE. YOU MUST NOTIFY ISS IN WRITING WITHIN 15 DAYS OF PURCHASE THE NATURE OF YOUR DISSATISFACTION. AT WHICH POINT WE WILL DOWNGRADE YOU FROM THE LIFETIME MEMBERSHIP TO THE REGULAR COST OF THE INDIVIDUAL TITLE(S) YOU RECEIVED. THIS ONLY APPLIES TO LIFETIME MEMBERSHIPS.
(E) EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED IN PARAGRAPH (A),(B),(C) AND (D), THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ISS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. ISS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, AND THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU AND NOT ISS OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OTHER THAN EXPRESSLY DESCRIBED ABOVE.
(F) NEITHER ISS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT OR RELATED TO THIS AGREEMENT EVEN IF ISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ISS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE AND/OR THE RELATED DOCUMENTATION, EVEN IF ISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ISS LIABILITY HERE UNDER, IF ANY, EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
7. Governing Law. This agreement and the Limited Warranty described herein shall be governed and construed in accordance with the laws of the State of Florida. You may have other rights which vary from state to state.
ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS LICENSE AGREEMENT ARE RESERVED BY ISS. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED
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