License Agreement for Brooks/Cole CD-ROM Materials

You the customer, and Brooks/Cole incur certain benefits, rights, and obligations to each other when you open this package and use the materials it contains. BE SURE TO READ THE LICENSE AGREEMENT CAREFULLY, SINCE BY USING THE CD-ROM YOU INDICATE YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF THIS AGREEMENT.

1. You enjoy a non-exclusive license to use the enclosed materials on a single computer that is not part of a network or multi-machine system in consideration of the payment of the required license fee (which may be included in the purchase price of an accompanying print component), and your acceptance of the terms and conditions of this agreement.

2. You own the CD-ROM disc on which the program/data is recorded, but you acknowledge that you do not own the program/data recorded on the CD-ROM. You also acknowledge that the program/data is furnished "AS IS," and contains copyrighted and/or proprietary and confidential information of Brooks/Cole and its licensors.

3. If you do not accept the terms of this license agreement you must not install the CD-ROM and you must return the CD-ROM within 30 days of receipt with proof of payment to the site where the product was purchased for full credit or refund.

1. You may not copy or print the program/data for any reason whatsoever, except to install it on a hard drive on a single computer, unless copying or printing is expressly permitted in writing or statements recorded on the CD-ROM.

2. You may not revise, translate, convert, disassemble, or otherwise reverse engineer the program/data.

3. You may not sell, license, rent, loan, or otherwise distribute or network the program/data.

4. You may not export or re-export the CD-ROM, or any component thereof, without the appropriate US. or foreign government licenses. Should you fail to abide by the terms of this license or otherwise violate Brooks/Cole’s rights, your license to use it will become invalid. You agree to destroy the CD-ROM immediately after receiving notice of Brooks/Cole’s termination of this agreement for violation of its provisions.

The enclosed multimedia, software, and associated documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277.7013 for DoD contracts, paragraphs (c) (1) and(2) of the Commercial Computer Software-Restricted Rights clause in the FAR (48 CFR 52.227-19) for civilian agencies, or in other comparable agency clauses. The proprietor of the enclosed multimedia, software, and associated documentation is Brooks/Cole, 511 Forest Lodge Road, Pacific Grove, CA 93950.

Brooks/Cole also warrants that the optical media on which the Product is distributed is free from defects in materials and workmanship under normal use. Brooks/Cole will replace defective media at no charge, provided the Product was an original purchase (not a used Product) and that you return the Product within 90 days of purchase with proof of payment to the site where the Product was purchased. If failure of disc(s) has resulted from accident, abuse, or misapplication, Brooks/Cole shall have no responsibility to replace the disc(s). THESE ARE YOUR SOLE REMEDIES FOR ANY BREACH OF WARRANTY.

EXCEPT AS SPECIFICALLY PROVIDED ABOVE, Brooks/Cole AND THE THIRD PARTY SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The product is not a substitute for human judgment. Because the software is inherently complex and may not be completely free of errors, you are advised to validate your work. IN NO EVENT WILL Brooks/Cole OR ANY THIRD PARTY SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, even if advised of the possibility of such damages. Specifically, Brooks/Cole is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of use of the computer program, loss of data, the costs of recovering such programs or data, the cost of any substitute program, claims by third parties, or for other similar costs. In no case shall liability exceed the amount of the license fee paid. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damage, so that the above limitations or exclusion may not apply to you.

This license is the entire agreement between you and Brooks/Cole and it shall be interpreted and enforced under California law. Should you have any questions concerning this License Agreement, write to 511 Forest Lodge Road, Pacific Grove, California 93950.