LICENSE AGREEMENT AND LIMITED WARRANTY


IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE UNOPENED PACKAGE AND ALL ACCOMPANYING ITEMS TO THE PLACE YOU OBTAINED THEM.  THESE TERMS APPLY TO ALL LICENSED SOFTWARE ON THE DISK/CD.

1.  GRANT OF LICENSE and OWNERSHIP: The enclosed computer programs and any data ("Software") are licensed, not sold, to you by Houghton Mifflin Company, Inc.  ("HMCO") in consideration of your adoption of the accompanying HMCO textbooks and/or other materials, and your agreement to these terms.  You own only the disk(s) or CD-ROM media but our licensors own the computer program and HMCO owns the data.  This license allows instructors and students enrolled in the course using the HMCO textbook that accompanies this Software to use and display the enclosed copy of the Software on one machine for academic use only, so long as you comply with the terms of this Agreement.  You may make one copy for back up only.  We reserve all rights not granted to you.

2.  USE RESTRICTIONS: You may not sell, reproduce or license copies of the Software or the accompanying Documentation to others.  You may not transfer, distribute or make available the Software or the Documentation to others that do not have a license to use the software. You may only copy Software onto one machine for office use and one home office machine.  For LAN and WEB users, you must have an individual copy distributed and sublicensed to you to access the LAN or WEB server.  You may not reverse engineer, disassemble, decompile, modify, adapt, translate or create derivative works based on the Software or the Documentation.  You may be held legally responsible for any copying or copyright infringement, which is caused by your failure to abide by the terms of these restrictions or failure to prevent others from violating the terms of these restrictions.

3.  TERMINATION: This license is effective until terminated.  This license will terminate automatically without notice from HMCO if you fail to comply with any provisions or limitations of this license.  Upon termination, you shall destroy the Documentation and all copies of the Software.  All provisions of this Agreement as to limitation and disclaimer of warranties, limitation of liability, remedies or damages, and our ownership rights shall survive termination.

4.  DISCLAIMER OF WARRANTY: HMCO AND ITS LICENSORS MAKE NO WARRANTIES ABOUT THE SOFTWARE, WHICH IS PROVIDED "AS-IS."  IF THE DISK IS DEFECTIVE IN MATERIALS OR WORKMANSHIP, YOUR ONLY REMEDY IS TO RETURN IT TO HMCO WITHIN 30 DAYS FOR REPLACEMENT UNLESS HMCO DETERMINES, IN GOOD FAITH, THAT THE DISK HAS BEEN MISUSED OR IMPROPERLY INSTALLED, REPAIRED, ALTERED OR DAMAGED.  HMCO AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  HMCO AND ITS LICENSORS DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE ACCURACY, RELIABILITY, CURRENTNESS, USE, OR RESULTS OF USE, OF THE SOFTWARE.

5.  LIMITATION OF REMEDIES AND DAMAGES: IN NO EVENT, SHALL HMCO OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR OTHER LOSSES SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF HMCO OR AN AUTHORIZED REPRESENTATIVE OF HMCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.  GENERAL: THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF WASHINGTON, APPLICABLE TO CONTRACTS MADE IN WASHINGTON, AND SHALL BENEFIT HMCO, ITS AFFILIATES AND ASSIGNEES.  This Agreement is the complete and exclusive statement of the agreement between you and HMCO and supersedes all proposals, prior agreements, oral or written, and any other communications between you and the company or any of its representatives relating to the subject matter.  If you are a U.S. Government user, this Software is licensed with "restricted rights" as set forth in subparagraphs (a)-(d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 or in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and similar clauses, as applicable.


Should you have any questions concerning this Agreement or, if you wish to contact HMCO for any reason, please contact the Help Desk for this Software at (800) 732-3223.