Dana by AlphaSmart End-User License Agreement

IMPORTANT--IT IS YOUR RESPONSIBILITY TO READ THIS CAREFULLY:  This End-User License Agreement ("EULA") is a legal agreement between you and AlphaSmart, Inc. ("AI"), for use of Dana by AlphaSmart ("Dana"), which includes computer software, media and all documentation, including the electronic manual ("Software").  By purchasing, installing or using the Software, you agree to be bound by the terms of this EULA.  If you do not agree to the terms of this EULA, promptly return Dana and the Software to 973 University Ave., Los Gatos, CA 95032 for a full refund.

	1.	AI grants the end user ("End User") a nonexclusive license to use the Software accompanying the Dana device.  With respect to the Palm Desktop, AlphaWord Desktop and FineType Converter ("Dana Desktop Software"), End User may reproduce and provide one (1) copy of such Software for each personal computer on which such Software is used as permitted hereunder.  With respect to all accompanying Dana Platform Software, End User may use such Software only on one (1) Dana.  Terms of licensing for AlphaBeam ("Unrestricted Software"), Dana Desktop Software and Dana Platform Software ("Restricted Software") are further detailed in the Grant of License sections hereunder.  End User may assign its right under the End User License Agreement to an assignee of all of End User's rights and interest to the Software only if End User transfers all copies of the Software subject to the End User License Agreement to such assignee and such assignee agrees in writing to be bound by all the terms and conditions of the End User License Agreement.

	2.	End User agrees not to reverse engineer, decompile or disassemble the Software.  End User will not copy the Software except as necessary to use it in accordance with this End User License Agreement.  End User agrees that any such copies of the Software shall contain the same proprietary notices, which appear on and in the original copy of the Software.

	3.	Except as stated above, the EULA does not grant End User any rights (whether by license, ownership or otherwise) in or to intellectual property with respect to the Software.

	4.	End User will not export or re-export the Software without all appropriate United States and other foreign government licenses.

	5.	Title to and ownership of the Software and any copy thereof shall remain with AI and its suppliers.

	6.	If the Software is licensed for a proposal or agreement with the United States Government or any contractor therefore, the Software must be legended, marked and licensed as described in Section 9.3 of the Agreement.

	7.	Palm is a specified third party beneficiary of the end user license.

GRANT OF LICENSE FOR UNRESTRICTED SOFTWARE
User License.  Your institution may install and use the Software on all computers under the control of the institution.


GRANT OF LICENSE FOR RESTRICTED SOFTWARE
Single User License.  If you have purchased a Single User License, your institution may install and use the Software on a single computer.

Lab Pack License.  If you have purchased a Lab Pack License, your institution may install and use the Software on 5 (five) computers.

Site License.  If you have purchased a Site License, your institution may install and use the Software on all computers in a single site or building.

District License:  If you have purchased a District License, your institution may install and use the Software on all computers in the district.

For each of the above licenses, you may reproduce the included user documentation in the same number as AlphaSmart devices or computers on which the Software is installed.

If you do not know the number of copies of this Software that are currently in use by your institution, please contact your system administrator.  If you do not know the type of license which you or your institution purchased, please contact AI at 973 University Ave., Los Gatos, CA 95032, or info@alphasmart.com or 888-274-0680, or 408-355-1000.   


OWNERSHIP
Except as expressly stated otherwise,  all right, title and interest in and to the Software (including copyrights and other proprietary rights therein) and all copies thereof are solely owned by AI.  You may not copy, use, distribute or display the Software or any of its components except as permitted under this License Agreement, provided that you may make one copy of the Software for backup purposes.


USE LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly.  You may not reverse engineer, decompile, disassemble or modify the Software in any way.

Software Transfer.  You may not sub license, assign or otherwise transfer your rights under this EULA without AI's prior, written consent.

Nondisclosure.  This Software contains confidential information and trade secrets of AI.  By using this software, you agree that you will not disclose the Software or any component thereof to any third party.

Termination of Rights.  AI may terminate this EULA if you fail to comply with any of the terms and conditions set forth herein.  In such event, you must return all copies of the Software to AI, or destroy all copies of the Software, immediately upon receiving notice of termination from AI.


LIMITED WARRANTY
AI warrants that the physical media (i.e., the disks) provided as part of the Software will be free from defects for a period of 90 days from the date of purchase.  In the event of defects in the media, AI's entire liability and your exclusive remedy shall be, at AI's option, either (a) return of the price paid, or (b) replacement of the defective media which are returned to AI with a copy of your receipt.  This Limited Warranty is void if the defect resulted from accident, abuse, or misuse.  AI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.  AI DOES NOT WARRANT THAT THIS SOFTWARE PRODUCT IS ERROR FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY
IN NO EVENT SHALL AI BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE PRODUCT OR USE OF THE SOFTWARE PRODUCT, EVEN IF AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  AI'S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO REFUND OF THE PRICE YOU PAID FOR THE SOFTWARE PRODUCT LICENSE.


(v.020821)
