License and Limited Warranty Agreement

INTERACTIVE PHYSIOLOGY 10-SYSTEM SUITE

(Individual Ownership License)
Warning: Pearson Education, Inc., publishing as Pearson Benjamin Cummings is wil
ling to license to you the software product on this CD-ROM, only upon the condit
ion that you accept all of the terms contained in this License and Limited Warra
nty Agreement.
CAREFULLY READ THIS LICENSE AND LIMITED WARRANTY AGREEMENT (this "Agreement") BE
FORE YOU USE THIS PRODUCT AS LAUNCHING THE SOFTWARE WILL INDICATE YOUR ASSENT TO
THE TERMS OF THIS AGREEMENT. This is a legal agreement between you (an individu
al) and Pearson Education, Inc., publishing as Pearson Benjamin Cummings (herein
after called "Publisher"). By using this product you agree to be bound by this A
greement. If you do not agree to the terms of this Agreement, do not use the Pro
duct.
DEFINITIONS
The following definitions apply to the terms as they appear in this Agreement:
* "You" and "Your" refer to any person that acquires or uses this Product.
* "Publisher's Content" means digitally encoded illustrations, pictures, images,
photographs, animations, video, sound, text, and other non-programmatic materia
l created by Publisher or their licensors.
* "Program" means any computer programs contained in this Product created by Pub
lisher or their licensors.
* "Product" means the Programs, Publisher's Content, documentation, and other ma
terial provided to You by Publisher.
LICENSE
You are obtaining limited rights to use the Product subject to the terms of this
Agreement. Publisher or the licensors retain ownership of (i) the Product and (
ii) any intellectual properties related to the Product.
PERMITTED USES OF THE PROGRAM
Publisher grants You a personal, nonexclusive, nontransferable and non-assignabl
e limited license to use the Program as follows. You may: make a copy of the Pro
gram on a storage device solely for execution on one computer at a time of the t
ype identified in the documentation contained in the Product for use by a single
user for Your educational use only; load a copy of the Program in the memory of
one computer for use with that computer by one person at a time; and, make a co
py of the Program for archival purposes only.
PROHIBITED USES
You may not use, copy, modify, or distribute the Programs, Publisher's Content,
or documentation contained in this Product except as expressly described in this
Agreement or permitted in writing signed by an authorized representative of Pub
lisher. Without limiting the generality of the foregoing statement, You may not:

* reverse-engineer, disassemble or decompile the Programs or in any way attempt
to discover or reproduce the codes, techniques, formats, concepts, methods, idea
s, and information contained in or used to create the Program;
* export the Product or any portion thereof to any person or entity in violation
of the United States Export Administration Act;
* broadcast or televise any of the Programs, Publisher's Content;
* distribute copies of the Programs, Publisher's Content, or documentation in th
e Product or electronically transfer the Programs or Publisher's Content from on
e computer to another over a network;
* sell the Programs or Publisher's Content;
* lend, lease, rent, or license the Product, or any portion thereof; or
* make or export copies of the Publishers Content, or any portion thereof, for us
e with another computer program.
* copy, modify, or create derivatives of the Programs, the Publishers Content or
documents contained in the Product.
TERMINATION
This Agreement and Your rights to use the Product terminate automatically if You
violate any part of this Agreement. In the event of termination, You must immed
iately destroy all copies of the Product or return the Product to Pearson Educat
ion, Inc., publishing as Pearson Benjamin Cummings, including all copies of the
Programs made by You, as permitted hereunder.
LIMITED WARRANTY
Publisher warrants that, upon delivery by Publisher, the media on which the Prod
uct is distributed will be free from defects in materials and workmanship and th
e Programs will substantially conform to published specifications and to the doc
umentation, provided Programs are used on the computer hardware and with the ope
rating systems and software programs for which they were designed. If the Produc
t fails to comply with these limited warranties, Publisher will replace the medi
a or, at Publisher's option, make a reasonable effort to correct any non-conform
ities in the Programs. You must, however, return Your original media, along with
a copy of Your paid invoice, to Publisher or their authorized representative wi
thin 90 days of the date You purchased the Product. If Publisher is unable to co
rrect defective media or nonconformities in the Programs, Publisher will refund
the price You paid for this Product. The refund will fully satisfy all of Your c
laims under this limited warranty. This limited warranty shall continue for any
replacement Product for the rest of the original 90-day warranty period or for 3
0 days from the date You receive the replacement, whichever is longer. Publisher
s liability to You for actual damages for any cause whatsoever, and regardless
of the form of the action, will be limited to the money paid for the Product.
Publisher does not warrant that the Product is free from all errors and omission
s or that the functions contained in the product will meet Your requirements.
Publisher does not warrant that Publisher's Content meets any particular standar
d.
The limited warranty is void if failure of product has resulted from modificatio
n, accident, abuse, or misapplication.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, PUBLISHER AND THE LICENSORS DISCLAIM ALL
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLI
ED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMIT
ED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHIC
H VARY FROM STATE TO STATE.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, PUBLISHER AND THE LICENSORS WILL IN NO E
VENT BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE
S, EITHER DIRECT OR INDIRECTLY INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PRO
FITS, INCOME OR USE DATA. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IN
CIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE LIMITATIONS SET IN THIS AGREEM
ENT MAY NOT APPLY TO YOU.
GENERAL
This Agreement constitutes the entire agreement and supersedes any prior agreeme
nt between Publisher and You concerning the Product. Publisher is not bound by a
ny provision of any purchase order, or other document, unless Publisher specific
ally amends this Agreement. This Agreement cannot be amended, modified, or waive
d, unless the change is written and signed by an authorized corporate officer of
Publisher. This Agreement is governed by the laws of the State of California, w
ithout regard to conflict of law principle.
Director, Shockwave, and Flash copyright 2008 Adobe Systems Incorporated. All ri
ghts reserved.
2008 Pearson Education, Inc., publishing as Pearson Benjamin Cummings
0-8053-6117-0