John Wiley & Sons, Inc.
Online Test Software End-User License Agreement
This Agreement is part of a package that includes one or more tests and certain electronic and/or written materials. You should carefully read these terms and conditions before downloading, installing, or using the Test Software Package (s). This is a license agreement "Agreement" between you and John Wiley & Sons, Inc. "Wiley". By downloading, installing, or using the Test Software Package (s), you acknowledge that you have read and accept the following terms and conditions. If you do not agree and do not want to be bound by such terms and conditions, promptly cease the download, installation, or use of the Test Software Package.
1. License Grant. Wiley grants to you (either an individual or entity) a nonexclusive license to download, access, install and use the Test Software Package (s) (collectively, the "Software"), solely for your own personal or business purposes on a single computer (whether a standard computer or a workstation component of a multi-user network). The Software is in use on a computer when it is loaded into temporary memory (RAM) or installed into permanent memory (hard disk, CD-ROM, or other storage device). Wiley reserves all rights not expressly granted herein.
2. Ownership. Wiley is the owner of all right, title, and interest, including copyright, in and to the compilation of the Software. Copyright to the individual programs of the Software is owned by the author or other authorized copyright owner of each program. Ownership of the Software and all proprietary rights relating thereto remain with Wiley and its licensers.
3. Restrictions On Use and Transfer.
(a) You may only (i) make one copy of the Software for backup or archival purposes, or (ii) transfer the Software to a single hard disk, provided that you keep the original for backup or archival purposes. You may not (i) rent or lease the Software, (ii) copy or reproduce the Software through a LAN or other network system or through any computer subscriber system or bulletin-board system, or (iii) modify, adapt, or create derivative works based on the Software.
(b) You may not reverse engineer, decompile, or disassemble the Software. You may transfer the Software and user documentation on a permanent basis, provided that the transferee agrees to accept the terms and conditions of this Agreement and you retain no copies. If the Software is an update or has been updated, any transfer must include the most recent update and all prior versions.
4. Restrictions on Use of Individual Programs. You must follow the individual requirements and restrictions detailed for each individual program on the Software. These limitations are also contained in the individual license agreements contained in the Software. These limitations may include a requirement that after using the program for a specified period of time, the user must pay a registration fee or discontinue use. By downloading the Software package (s), you will be agreeing to abide by the licenses and restrictions for these individual programs that are detailed in the Software. None of the material on this Software may ever be redistributed, in original or modified form, for commercial purposes.
5. Limited Warranty.
(a) WILEY AND THE AUTHOR(S) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE PROGRAMS, AND/OR THE SOURCE CODE CONTAINED THEREIN. WILEY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE.
(b) This limited warranty gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
(a) In no event shall Wiley or the author be liable for any damages whatsoever (including without limitation damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising from the use of or inability to use the Software, even if Wiley has been advised of the possibility of such damages.
(b) Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.
7. U.S. Government Restricted Rights. Use, duplication, or disclosure of the Software for or on behalf of the United States of America, its agencies and/or instrumentalities "U.S. Government" is subject to restrictions as stated in paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, and in similar clauses in the NASA FAR supplement, as applicable.
8. General.This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto that specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect.