Single User License
LabSim products sold via the TestOut web site are Single
User Licenses.
Multi-User licenses are available for those who need training
for multiple users such as IT staff or students. Call 800-877-4889
for Multi-User licensing options.
Single-User License Agreement
TestOut LICENSE AGREEMENT
This is a legal agreement between you (either an individual
or an entity) and TestOut Corporation ("TestOut"). By
using or installing this Software, you agree to be bound
by the terms of this agreement:
1. Grant of License. TestOut grants you the right to use
one copy of the TestOut software programs included in this
case (the SOFTWARE) on up to 3 (three) computers and used
by one single person. (Note: Licenses for unlimited use
on a single computer or multi-user licenses may also be
purchased. Contact TestOut for details on unlimited
and multi-user licensing).
The SOFTWARE is "in use" on a computer when
it is loaded into the temporary memory (i.e., RAM) or installed
into the permanent memory (e.g., hard disk, CD-ROM, or
other storage device) of the computer. You may not network
the SOFTWARE or otherwise use it on more than one computer
or computer terminal at the same time. The SOFTWARE
is licensed, not sold.
2. Copyright. The SOFTWARE is owned by TestOut and is
protected by United States copyright laws and international
copyright treaty provisions. Therefore, you must treat
the SOFTWARE like any other copyrighted material (e.g.,
a book or musical recording) except that you may either
(a) make one copy of the SOFTWARE solely for backup or
archival purposes, or (b) transfer the SOFTWARE to a single
hard disk provided you keep the original solely for backup
or archival purposes. You may not copy the written materials
accompanying the SOFTWARE.
3. Other Restrictions. You may not assign, sublicense,
sell, loan, convey, rent or lease the SOFTWARE. You may
not alter, modify, reverse engineer, decompile, or disassemble
the SOFTWARE. If the SOFTWARE is an update or has been
updated, any transfer must include the most recent update
and all prior versions.
4. Term: This Agreement is effective upon installing
the SOFTWARE and remains in effect until terminated. You
may terminate this Agreement by destroying the SOFTWARE
and any copy thereof. This Agreement will also terminate
if you fail to comply with any of the terms of this Agreement.
In addition to TestOut enforcing its legal rights, you
must then promptly destroy the SOFTWARE and any copy thereof.
5. Severability: In the event that any provision
of this Agreement is declared or found to be illegal by
any court or tribunal of competent jurisdiction, such provision
shall be null and void within the jurisdiction of that
court or tribunal and all the remaining provisions of this
Agreement shall remain in full force and effect.
6. ACKNOWLEDGMENT: BY USING OR INSTALLING THE SOFTWARE,
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD
IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND TestOut
CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL
PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN YOU AND TestOut RELATING TO
THE SUBJECT MATTER HEREOF. NO AMENDMENT TO THIS AGREEMENT
SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE
OF TestOut.
DISCLAIMER OF WARRANTY
The SOFTWARE (including instructions for its use) is provided "as
is" without warranty of any kind. TestOut further
disclaims all implied warranties including without limitation
any implied warranties of merchantability or of fitness
for a particular purpose. The entire risk arising out of
the use or performance of the SOFTWARE and documentation
remains with you.
In no event shall TestOut, its authors, or anyone else
involved in the creation, production, or delivery of the
SOFTWARE be liable for any damages whatsoever (including,
without limitation, damages for loss of business profits,
business interruption, loss of business information, or
other pecuniary loss) arising out of the use of or inability
to use the SOFTWARE or documentation, even if TestOut has
been advised of the possibility of such damages. Because
some States/Countries do not allow the exclusion or limitation
of liability for consequential or incidental damages, the
above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software-Restricted
Rights 48 CFR 52.227-19, as applicable. Manufacturer
is TestOut Corporation, 50 South Main St., Pleasant Grove,
UT 84062.
If you acquire this product in the United States, this
Agreement is governed by the laws of the State of Utah.
Should you have any questions concerning this Agreement,
or if you desire to contact TestOut for any reason, please
write: TestOut, 50 South Main St., Pleasant Grove, UT 84062.
