Spelling Tutor 7.0

Spelling Tutor
Software Distribution License

NOTICE

The installation executable of all of spelling tutor software is provided to YOU by Jason Earle, ("LICENSOR") for distribution only under the following terms. LICENSOR reserves all rights not expressly granted to YOU. LICENSOR retains ownership of all copies of the SOFTWARE itself. YOU assume sole responsibility for YOUR distribution of the SOFTWARE.

PLEASE READ THIS DOCUMENT CAREFULLY. THE INDIVIDUAL OR ENTITY INTENDING TO DISTRIBUTE THIS SOFTWARE ("YOU") AGREES TO BE BOUND BY THE TERMS OF THIS DISTRIBUTION LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS DISTRIBUTION LICENSE, YOU ARE PROHIBITED FROM DISTRIBUTING THIS SOFTWARE.

1. OWNERSHIP

This SOFTWARE and the related copyrights and intellectual property rights, are the exclusive property of Jason Earle, and/or its suppliers. YOU acquire no title, right or interest in the SOFTWARE other
than the DISTRIBUTION LICENSE rights granted herein.

2. DISTRIBUTION LICENSE

YOU are granted a limited, non-exclusive, revocable DISTRIBUTION LICENSE to do only the following:

Make complete and unmodified copies of only the installation executable of the TRIAL version of this SOFTWARE as released on the website(s) of spellingtutor.ca, in machine-readable form for distribution to a third party solely for the purpose of evaluation for purchase by the third party, provided the entire contents of the TRIAL version are copied in their entirety with payment, copyright, and trademark information in place. Although the SOFTWARE may not be sold, a distribution fee may be charged for the service of providing this SOFTWARE to others on physical, CD-ROM or magnetic media (i.e. charging for the media and duplication services only). This SOFTWARE is protected under United States copyright laws and international treaty provisions. This SOFTWARE and documentation is Copyright (c) 2001 - 2007 by Jason Earle, All Rights Reserved Worldwide.

YOU AGREE THAT YOU SHALL NOT DISTRIBUTE A REGISTERED VERSION OF THIS
SOFTWARE NOR SHALL YOU DISTRIBUTE ANY REGISTRATION CODE FOR THIS SOFTWARE.

You agree that you shall only distribute the SOFTWARE in a manner that complies with all applicable laws in the jurisdiction(s) in which you distribute the SOFTWARE, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

3. RESTRICTIONS

YOU shall not remove from the SOFTWARE any trademark, trade name, copyright notice or other notice, and shall be responsible for their preservation on the copies received hereunder and for their reproduction on any backup copy of the SOFTWARE or on any portion of the SOFTWARE merged into other programs or SITES.

YOU may NOT sublicense, or assign copies of the SOFTWARE to others. The SOFTWARE contains trade secrets. YOU may NOT decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a human readable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF without the prior written consent of Jason Earle.

4. PROTECTION AND SECURITY.
YOU agree to use YOUR best efforts and to take all reasonable steps to safeguard the SOFTWARE to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. YOU acknowledge that the SOFTWARE contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to LICENSOR.

5. TERMINATION.

a) This DISTRIBUTION LICENSE is effective until terminated. This DISTRIBUTION LICENSE will terminate immediately without notice from LICENSOR if YOU fail to comply with any of its provisions. LICENSOR may immediately revoke and terminate the license granted hereunder by providing written notice to YOU if any of the following events occur: breach by YOU of any provisions of this DISTRIBUTION LICENSE.

b) Upon termination of the DISTRIBUTION LICENSE granted hereunder, LICENSOR reserves the right to take any legal action necessary to recover any damages incurred by LICENSOR.

6. PRINT MEDIA PUBLISHERS

Print media publishers wishing to distribute this SOFTWARE on CD-ROM or magnetic media in combination of a book must agree to all terms of this DISTRIBUTION LICENSE and, additionally, may provide a copy of the book/CD-ROM combination to Jason Earle. Please contact us info@spellingtutor.ca

7. GENERAL.

This DISTRIBUTION LICENSE will be governed by and construed in accordance with the laws of the State of Illinois, USA, and shall inure to the benefit of LICENSOR and YOU and their successors, assigns and legal representatives. If any provision of this DISTRIBUTION LICENSE is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to LICENSOR must be e-mailed to the info@spellingtutor.ca

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of LICENSOR.

8. ACKNOWLEDGEMENT.

BY DISTRIBUTING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS DISTRIBUTION LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Should YOU have any questions concerning this DISTRIBUTION LICENSE, contact LICENSOR at info@spellingtutor.ca
Copyright (c) 2001 - 2007 by Jason Earle
All Rights Reserved.