Xumbrus, LLC Software License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE CHECKING THE AGREE BOX. BY CHECKING "I AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN DO NOT CHECK THE AGREE BOX AND DISCONTINUE CHECKOUT.

This computer program is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

1. License. The software and accompanying documentation are licensed to the purchaser by Xumbrus, LLC. ScholarWord is not sold; rather, copies of ScholarWord, are licensed. ScholarWord and any copies which this License authorizes you to make are subject to this License.

2. Permitted Uses and Restrictions. This License allows you to install and use ScholarWord on the computers for the number of students you specified at the time of purchase. This License does not allow ScholarWord to exist on more computers than you specified at the time of purchase. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Xumbrus, LLC Software in whole or part or transmit the Xumbrus, LLC Software over a network. THE XUMBRUS, LLC SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE XUMBRUS, LLC SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from Xumbrus, LLC if you fail to comply with any term(s) of this License.

3. Disclaimer of Warranty on Xumbrus, LLC Software. You expressly acknowledge and agree that use of the Xumbrus, LLC Software is at your sole risk. The Xumbrus, LLC Software is provided "AS IS" and without warranty of any kind and Xumbrus, LLC and Xumbrus, LLC's licensor(s) (for the purposes of provisions 4 and 5, Xumbrus, LLC and Xumbrus, LLC's licensor(s) shall be collectively referred to as "Xumbrus, LLC") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. XUMBRUS, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE XUMBRUS, LLC SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE XUMBRUS, LLC SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE XUMBRUS, LLC SOFTWARE WILL BE CORRECTED. FURTHERMORE, XUMBRUS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE XUMBRUS, LLC SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XUMBRUS, LLC OR AN XUMBRUS, LLC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE XUMBRUS, LLC SOFTWARE PROVE DEFECTIVE, YOU (AND NOT XUMBRUS, LLC OR AN XUMBRUS, LLC AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING XUMBRUS, LLC PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY XUMBRUS, LLC NEGLIGENCE.

4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL XUMBRUS, LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.

5. Export Law Assurances. You may not use or otherwise export or reexport the Xumbrus, LLC Software except as authorized by United States law and the laws of the jurisdiction in which the Xumbrus, LLC Software was obtained. In particular, but without limitation, the Xumbrus, LLC Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Xumbrus, LLC Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

6. Government End Users. If the Xumbrus, LLC Software is supplied to the United States Government, the Xumbrus, LLC Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Xumbrus, LLC Software are as provided in clause 52.227-19 of the FAR.

7. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of Minnesota. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Xumbrus, LLC Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Xumbrus, LLC.