1.  ACCEPTANCE.  By installing this software you hereby accept the terms and provisions of this license and agree to be bound hereby.

2.  OWNERSHIP.  The software contained on this CD-ROM, all content, related documentation and fonts (collectively, the "Software") are all proprietary copyrighted materials owned by Kaplan Educational Centers, Inc. ("Kaplan") or its licensors.

3.  LICENSE.  You are granted a limited license to use the Software. This License allows you to use the Software on a single computer only.  You may not copy, distribute, modify, network, rent, lease, loan, or create derivative works based upon the Software in whole or in part. The Software is intended for personal usage only.  Your rights to use the Software shall terminate immediately without notice upon your failure to comply with any of the terms hereof.

4. RESTRICTIONS.  The Software contains copyrighted material, trade secrets and other proprietary material.  In order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to human-perceivable form. 

5.  LIMITED WARRANTY; DISCLAIMER.  Kaplan warrants the  CD-ROM on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. Kaplan's entire liability and your exclusive remedy will be replacement of the CD-ROM not meeting this warranty.  The Software is provided "AS IS" and without warranty of any kind and Kaplan and Kaplan's licensors EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, KAPLAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.  KAPLAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KAPLAN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR WAGES, IN CONNECTION WITH THE SOFTWARE EVEN IF KAPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN OF THE LIMITATIONS HEREIN PROVIDED MAY BE PRECLUDED BY LAW.

6.  EXPORT LAW ASSURANCES.  You agree and certify that you will not export the Software outside of the United States except as authorized and as permitted by the laws and regulations of the United States.  If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.

7.   MISCELLANEOUS.   This license represents the entire understanding of the parties, may only be modified in writing and shall be governed by the laws of the State of New York.


Kaplan's Essential Review: Writing & Vocabulary, Copyright 2004, by Kaplan, Inc. and its licensors. All rights reserved.
