Little Scholar® End User License Agreement
IMPORTANT – PLEASE READ CAREFULLY. BY USING YOUR LITTLE SCHOLAR DEVICE (THE “DEVICE”) YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS.
THIS LICENSE AGREEMENT (“LICENSE”) IS A LEGAL AGREEMENT BETWEEN YOU AND SCHOOL ZONE PUBLISHING COMPANY (“WE”, “US”, OR “SCHOOL ZONE”). BY USING YOUR DEVICE, OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE DEVICE OR DOWNLOAD, INSTALL, OR COPY THE SOFTWARE. IF YOU HAVE RECENTLY PURCHASED THE DEVICE AND DO NOT AGREE TO THIS LICENSE, PLEASE RETURN THE DEVICE TO PLACE WHERE YOU PURCHASED IT FOR A REFUND.
1. Software. The term “Software,” as used in this License, includes, without limitation, application software, object code, and audio, text, game, or video files which are pre-loaded onto your Device by us, and any accompanying documentation. All Updates to the Software shall also be deemed to be part of the Software.
2. General. The Software pre-loaded on the Device, or otherwise downloaded to, installed on, or copied on the Device, is licensed, not sold, to you by School Zone for use only under the terms of this License and School Zone reserves all rights not expressly granted to you by this License. The rights granted herein are limited to School Zone’s intellectual property rights in the Software and do not include any other intellectual property rights. You own the Device on which the Software is installed, but School Zone or, as applicable, School Zone’s licensor(s) retain all right, title, and ownership in and to the Software.
3. Permitted License Uses and Restrictions. Subject to the terms of this License, School Zone grants you a non-exclusive, non-sublicensable, non-transferrable limited license to install and use the Software on a single Device for personal, non-commercial use and to use the accompanying Documentation. This License does not allow the Software to be installed on more than on device at a time, and you may not make the Software available over a network. Except as and only to the extent expressly permitted by this License or applicable law, you may not and you may not authorize others to copy, decompile, reverse engineer, disassemble, modify, create derivate works of the Software or any part thereof, or otherwise attempt to access the Software’s source code. You agree not to remove, disturb, hide, or obscure any copyright or trademark notices embedded within the Software. You further agree not to tamper with, remove, or otherwise attempt to defeat any security system used by School Zone on the Device or the Software to prevent the unauthorized copying of the Software.
4. Updates. School Zone may, but is not obligated, to provide upgrades, error corrections, updates, or other modifications to the Software (collectively “Updates”), including automatically installing Updates to the Software. You agree that School Zone may modify the Software, even after it has been installed, with or without your knowledge. You consent to the automatic installation of the Updates, and agree that you will only use the most recent, updated version of the Software provided to you by School Zone.
5. Termination. This License is effective until terminated. Your rights under this License will terminate immediately, automatically, and without notice from School Zone if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall immediately cease all use of the Software and to destroy all copies, full or partial, of the Software.
6. Limited Warranty on the Device. School Zone warrants that for a period of three (3) months from the date of original retail purchase the Device on which the Software is installed will be free from all manufacturing material and workmanship defects, with the exception of any deterioration arising from the non-observance of the instruction manual or from any careless action implemented on the Device (such as dismantling, exposing to heat and humidity, etc.). A broken screen as well as any damage caused by using an adapter other than the one provided is not covered by the limited warranty. Any claim under the limited warranty must be reported to the distributor of the Device and must be accompanied by a valid proof of purchase.
7. Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED IN THIS LICENSE OR IN THE DEVICE’S INSTRUCTION MANUAL, SCHOOL ZONE PROVIDES THE DEVICE AND THE SOFTWARE “AS IS” WITHOUT WARRANTY OF ANY KIND AND SCHOOL ZONE AND ITS LICENSOR(S) EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SCHOOL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, EQUIPMENT DAMAGE, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SCHOOL ZONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall School Zone’s total aggregate liability for all damages, including damages arising out of your use of the Software, exceed the total amount you paid for the Software. The limitations found in this Section 8 will apply even if the above stated remedy fails of its essential purpose.
9. Export Law Assurances. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated National or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Controlling Law and Venue. This License will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. Severability. If any provision or portion thereof of this License is found by a court of competent jurisdiction to be unenforceable, that provision or portion thereof shall be severed from this License, and the remainder of this License shall continue in full force and effect.
12. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings between you and us regarding the subject matter hereof. No amendment to or modification of this License will be binding unless in writing and signed by School Zone. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.