Faulkner Press, L. L. C.,

End User License Agreement for Faulkner Press Software

Please read this document carefully before either a.) activating the Faulkner Press Software which you have downloaded, or b.) opening the package or breaking any seal on the box which you have obtained containing the Faulkner Press Software. By activating the Faulkner Press Software which you have downloaded, or by opening the package or breaking any seal on the box which you have obtained containing the Faulkner Press Software, you are agreeing to become bound by the terms of this License Agreement, which includes the software license and disclaimer or warranty. If you do not agree to the terms of this License Agreement, do not activate the Faulkner Press Software and do not open the package or break any seal on the box which you have obtained containing the Faulkner Press Software.

The computer program (herein the "Faulkner Press Software") which you have either downloaded or obtained a physical copy of on a compact disc, is licensed, not sold, to you for use only under the terms of this License Agreement, and Faulkner Press, L. L. C. (herein "Faulkner Press"), reserves any and all rights not expressly granted to you through this License Agreement. If you have obtained a physical copy of the Faulkner Press Software on a compact disc, you own only the compact disc itself; all copies of the Faulkner Press Software, in all media, including but not limited to all copies on compact discs, and all copyrights pertaining to the Faulkner Press Software, are owned by Faulkner Press and are not transferred, in whole or in part, by this License Agreement.

1.) License.

This License Agreement allows you to:

• a.) Use the Faulkner Press Software and interact with the Faulkner Press Computer Networks via remote access over the internet such that the Faulkner Press Software functions as designed for a period of time limited to the academic term in which the Faulkner Press Software is assigned to you as a student in a class, but you may only do so on one computer at a time. You may not use the Faulkner Press Software on more than one computer at the same time, and the Faulkner Press Software will cease to interact with the Faulkner Press Computer Networks via remote access over the internet after the academic term in which the Faulkner Press Software is assigned to you as a student in a class.
• b.) Make one copy of the Faulkner Press Software on your hard drive in machine-readable form solely for backup purposes. The Faulkner Press Software is protected by United States copyright law.

2.) Restrictions.

You may not distribute copies of the Faulkner Press Software to others or electronically transfer the Faulkner Press Software from one computer to another over a network. The Faulkner Press Software contains trade secrets, and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Faulkner Press Software to a human-perceivable form. You may not modify, adapt, translate, rent, share, gift, lease, loan, resell for profit, distribute, network, or create derivative works based upon, the Faulkner Press Software or any part thereof.

3.) Termination.

This License Agreement is effective until terminated. This License Agreement will terminate automatically without notice from Faulkner Press if you fail to comply with any provision of this License Agreement. You may terminate this License Agreement at any time by destroying the Faulkner Press Software and all copies thereof. This License Agreement will also terminate automatically without notice from Faulkner Press after the academic term in which the Faulkner Press Software is assigned to you as a student in a class.

4.) Export Law Assurances.

You agree and certify that neither the Faulkner Press Software nor any direct product thereof is being or will be shipped, transferred, or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder.

5.) Government End Users.

If this Faulkner Press Software is acquired by or on behalf of a unit or agency of the United States Government this provision applies. This Faulkner Press Software (i) was developed at private expense, and no part of it was developed with government funds, (ii) is a trade secret of Faulkner Press for all purposes under the Freedom of Information Act, (iii) is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity, and (iv) in all respects is proprietary data belonging solely to Faulkner Press. The Government also agrees to the following terms:

• a.) Title to and ownership of this Faulkner Press Software and documentation and any reproductions thereof shall remain with Faulkner Press L. L. C..
• b.) Use of this Faulkner Press Software and documentation shall be limited to the facility for which it is acquired.
• c.) If the use of the Faulkner Press Software is discontinued at the facility specified in the purchase/delivery order and the Government desires to use the Faulkner Press Software at another location, it may do so by giving prior written notice to Faulkner Press specifying the type of computer and new location site.

6.) The Privacy Rights of Student End Users.

The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended (commonly known as the Buckley Amendment), is a federal law that requires colleges and universities to maintain the confidentiality of student education records. The law requires that no one outside the institution may have access to a student's education records, nor will the institution disclose any information from those records without the written consent of the student.

The purpose of the Buckley Amendment is to ensure the accuracy, integrity, and confidentiality of "education records" maintained by colleges and universities concerning students. Under the Buckley Amendment:

• a.) A student is entitled to know what education records the educational institution maintains.
• b.) A student is entitled to inspect most education records containing the student's name or personally identifiable information.
• c.) A student is entitled to correct erroneous education records.
• d.) An educational institution is obligated to use education records only for their intended purposes, and an educational institution may relinquish education records to third parties only under prescribed circumstances.
• e.) Educational institution employees who maintain education records are obligated to take reasonable precautions to prevent misuse or unauthorized disclosure of education records.

Your educational institution (your university, college, or community college, etc.), like all educational institutions, is likely subject to the provisions of FERPA, which gives students certain rights of access to their education records and imposes obligations on the educational institution concerning the release and disclosure of those records to third parties.

This federal law does not, however, prevent a private publisher, such as Faulkner Press, from providing directory information to the instructor of record when this software is used as part of an academic course at an educational institution.

Nevertheless, Faulkner Press believes that best practices for publishers of educational software require such publishers to behave as if FERPA applied to them and to support all educational institutions in their effort to comply with state and federal laws regarding student privacy. Thus, whenever this Faulkner Press Software is used as part of an academic course at an educational institution, Faulkner Press will:

• a.) collect only the following directory information from each student end user:
  • Student name
  • Electronic mail address
  • Student local ID number
  • Student Network address(es)
  • Student local address and telephone number
  • Student home address and telephone number
  • Date(s) of attendance
  • Student course work and testing
  • Evaluation outcomes earned and dates
• b.) forward only this directory information only to the instructor of record as designated by the educational institution.
• c.) not otherwise release or make available any of the above directory information to any other person or to the general public or to any private entity under any circumstances, except that Faulkner Press reserves the right to use directory information as evidence in any legal dispute filed by a student end user which alleges wrongdoing by Faulkner Press.

Please note that Faulkner Press does not collect or archive any financial information, including credit card numbers or bank account numbers, regarding end users, other than simply confirming that end users have compensated Faulkner Press. In the event of a dispute regarding compensation, however, Faulkner Press reserves the right to obtain and save such financial information by proceeding through appropriate channels with the financial institutions who facilitated such compensation.

7.) Consent to Release Student Information to Professor of Record.

Each student end user accepting this License Agreement agrees that Faulkner Press may collect the directory information described above about each student and may publish that directory information to the instructor of record when this software is used as part of an academic course at an educational institution.

Each student end user accepting this License Agreement further agrees that Faulkner Press may collect information designed to deter acts of academic dishonesty, including but not limited to where and when student end users perform graded tasks with the Faulkner Press Software in relation to where and when other student end users perform such tasks. Each student end user accepting this License Agreement further agrees that Faulkner Press my publish such information, but only to the instructor of record when this software is used as part of an academic course at an educational institution and only for the purpose of deterring acts of academic dishonesty or identifying such acts.

8.) Right to Withhold Information.

Faulkner Press reserves the right to withhold directory information if the user is in violation of this License Agreement.

9.) Disclaimer of Warranty.

The Faulkner Press Software is provided "as is" without warranty of any kind, either express or implied, including without limitation any warranty with respect to its merchantability or its fitness for any particular purpose. The entire risk as to the quality and performance of the Faulkner Press Software is with you. Should the Faulkner Press Software prove defective, you (and not Faulkner Press or a Faulkner Press authorized representative) assume the entire cost of all necessary servicing, repair or correction.

Faulkner Press does not warrant that the functions contained in the Faulkner Press Software will meet your requirements or that the operation of the Faulkner Press Software will be uninterrupted or error free, or that defects in the Faulkner Press Software will be corrected. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

10.) Limitation of Remedies and Damages.

In no event will Faulkner Press be liable

• a.) to you for any incidental, consequential, or indirect damages (including damages for loss of business profits, business interruption, loss of business information, or other similar losses) arising out of the use of or inability to use any Faulkner Press Software even if Faulkner Press or any authorized Faulkner Press Representative has been advised of the possibility of such damages, or
• b.) for any claim by any other party.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Faulkner Press'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 Faulkner Press Software that caused the damages or that is the subject matter of, or is directly related to, the cause of action.

11.) General.

This License Agreement will be construed under the laws of the state of Florida, except for that body of law dealing with conflicts of law. If any provision of this License Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible but will also be deemed severable, such that the remaining provisions of this License Agreement will remain in full force and effect as if the severed provision were not included in this License Agreement.

12.) Limited Warranty and Limitations of Warranty

• a.) Limited Warranty on Media. Faulkner Press warrants the disks on which the Faulkner Press Software is recorded to be free from defects in materials and faulty workmanship under normal use for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt. Faulkner Press will, at its option, replace or refund the purchase price of the disk at no charge to you, provided you return the faulty disk with proof of purchase to Faulkner Press or an authorized Faulkner Press dealer. Faulkner Press shall have no responsibility to replace or refund the purchase price of a disk damaged by accident, abuse, or misapplication. Any implied warranties on the disks, including implied warranties of merchantability and fitness for a particular purpose, are limited in duration to 90 days from the date of delivery.
• b.) Disclaimer or Warranty and Limited Warranty. The Faulkner Press Software is provided "as is" without warranty of any kind, and Faulkner Press expressly disclaims all implied warranties including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Faulkner Press does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, the Faulkner Press Software in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the Faulkner Press Software is assumed by you. Faulkner Press does not warrant that the Faulkner Press Software will work correctly in a multi-user environment. If the Faulkner Press Software is defective, you (and not Faulkner Press or its dealers, distributors, agents, or employees) assume the entire cost of all necessary servicing, repair, or correction. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
• c.) Limitations of Warranty and Liability. The limited warranties provided in paragraphs a.) and b.) above are the only warranties of any kind that are made by Faulkner Press on this Faulkner Press product. No oral or written information or advice given by Faulkner Press or its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

13.) In the Event of a Dispute.

In the event of any legal action over this License Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs.

Furthermore and in addition, in the event of any dispute arising under this License Agreement, whether or not a legal action is actually filed, if Faulkner Press is not at fault in the dispute, then you will immediately reimburse Faulkner Press for all attorneys fees and costs associated with the dispute.

Furthermore and in addition, in the event of a dispute over compensation to Faulkner Press in which payment on a credit card is disputed or halted by the card holder in any manner and then subsequently allowed by the card holder or by the bank supporting the credit card or subsequently re-charged on the same or another credit card, whether or not a lawsuit is actually filed, you agree to pay Faulkner Press the sum of 40.00 United States Dollars immediately as a processing fee for each instance in which a credit card charge is disputed.