Please read this License Carefully. This is a legal agreement between you ("Licensee") and Oak Systems Leisure Software concerning Oak Systems Maths Trainer ("Software"). The enclosed software and documentation are licensed by Oak Systems to Licensee for use only on the terms described in this License Agreement (this "License"). Installing and/or using the Software indicates that the end user accepts and agrees to comply with these terms.
1. LICENSES. (a) Oak Systems hereby grants to Licensee a worldwide, non-exclusive license to use this product ON A SINGLE MACHINE and make one copy of the Software in machine-readable form for backup purposes. You may install and use the Program for personal use only. Resale or sublicensing is prohibited. This includes the software and any outputs created by or using the software. (b) Oak Systems retains title to the Software in all forms whatsoever. (c) Oak Systems retains the intellectual property rights to all original content within the software. (d) All rights not expressly granted herein are reserved by Oak Systems.
2. LICENSE FEES. This license shall have no force or effect unless and until Licensee shall have submitted to Oak Systems all applicable license fees in full. All such fees are exclusive of any taxes, duties, licenses, fees, excises or tariffs now or hereafter imposed on Licensee's production, licensing, sale, transportation, import, export or use of the Software or Licensee Programs, all of which shall be the responsibility of Licensee, other than taxes attributable to Oak Systems net income.
3. NO WARRANTY. THIS SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OAK SYSTEMS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES.
4. BREACH AND TERMINATION. (a) This License is effective until terminated. This License may be terminated by the non-defaulting party if either party materially fails to perform or comply with this License or any provision hereof. (b) Upon termination of this Agreement, all rights and licenses granted hereunder shall immediately terminate and all Software and other Proprietary Information of Oak Systems in the possession of Licensee or under its control, shall be immediately returned to Oak Systems. End user licenses properly granted pursuant to this Agreement and prior to termination of this Agreement shall not be diminished or abridged by the termination of this Agreement.
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