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LICENSE:
You may use the ASCII files for any commercial application used by the purchasing business / company which do not violate any of the restrictions listed below. Your license term is for the current calendar year only.
"Application" is defined as any software program, or utility. "Commercial" is defined as any use for profit or gain including items given away for any purposes.
You are not licensed to use the Files "as is" to provide on-line or similar services to third parties.
You are not a licensed "reseller" of InstaCode Institute ASCII Files.
RESTRICTIONS:
You may not and you may not permit others to
a) rent, sell, or lease the Files "as is", b) use the Files "as is" in an on-line system, c) use the Files in any manner that infringes on the intellectual property or other rights of another party, d) transfer the Files or any copy thereof to another party, unless you transfer all media and written materials and retain no copies of the Files for your own use.
UPDATES Your license term is for the current calendar year only. Codes are updated annually. You will be notified of subsequent annual updates and the RENEWAL FEE.
WARRANTIES: For a period of 30 days, InstaCode Institute warrants that the media upon which the files reside will be free of defects that prevent you from loading the files on your computer. InstaCode Institute's sole obligation under this warranty is to replace any defective media, provided that you have given InstaCode Institute notice of the defect within such 30 day period. The files are licensed to you on an "AS IS" basis without any warranty of any nature.
LIMITATION OF LIABILITY:
INSTACODE INSTITUTE, L.C., DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INSTACODE INSTITUTE, L.C., SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE FILES (INCLUDING DATA LOSS OR CORRUPTION), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, INSTACODE INSTITUTE, L.C., MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR THE FILES. THE REMEDIES AVAILABLE TO YOU AGAINST INSTACODE INSTITUTE, L.C., UNDER THIS AGREEMENT ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. |