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KID GENIUS
- ABC KID GENIUS START SOFTWARE LICENCE AGREEMENT |
| This is a
legal Agreement (the"Agreement") between you
(either an individual or a single entity) |
| and PHASE II
Pty. Ltd. ("Kid Genius"). |
| By using this
software , you are agreeing to be bound by the terms of this
Agreement. |
| If you do not
agree to the terms of this Agreement, Do Not use this
software. |
|
|
| KID GENIUS -
ABC KID GENIUS SOFTWARE LICENCE |
| 1. Kid Genius
(the "Software") is owned by PHASE II Pty. Ltd. |
| You have no
ownership or proprietary rights in or to the Software and |
| its contents.
For purposes of this section, "use" means loading
the Software into RAM, |
| as well as
installing on a hard disk or other storage device. |
| ------------------------------------------------------------------------------------------- |
| 2.
REDISTRIBUTION of START SOFTWARE: |
| You can freely
distribute ONLY the Kid Genius Start software using the
files |
| AbcKidGenius.exe or
AbcKidGenius.zip in their original size. |
| The original
files AbcKidGenius.exe and AbcKidGenius.zip include only |
| Ten (10)
Spelling word and five (5)
story page. |
| The latest
version of original files AbcKidGenius.exe and AbcKidGenius.zip |
| can be downloaded
from the Kid Genius Web site, http://www.kidgen.net. |
| UNDER NO CIRCUMSTANCES ARE YOU LICENSED TO
DISTRIBUTE ANY OTHER |
| KID GENIUS SPELLING WORDS or STORY PAGES. |
| UNDER NO CIRCUMSTANCES ARE YOU LICENSED TO
DISTRIBUTE ANY OTHER |
| PARTS, MODULES or FILES OF THE KID GENIUS
SOFTWARE. |
| ------------------------------------------------------------------------------------------ |
| ALLOWED: |
| You MAY
Install and Use this Start software on any suitable computer
at home, business |
| or educational
facility for FREE. |
| You MAY
download the 30 free Spelling words and any additional free
words offered from |
| http://www.kidgen.net
and use them only with the Kid Genius software for free. |
| You MAY
download 20 Story Pages from http://www.kidgen.net and use
them only with |
| the Kid Genius
software for free. |
| ---------------------------------------------------------------------------------------- |
KID GENIUS MEMBERSHIP LICENCE. |
| Membership
gives you a licence to install and use the Kid Genius
software on any suitable |
| computer at
the registered address (single street address and number
supplied on |
| membership
purchase) |
|
| Your Membership is for
ONE MONTH from the date of your
Membership payment. |
| The Kid Genius
software WILL NOT expire. Words and features downloaded and
installed |
| WILL NOT
expire. |
| KID GENIUS
REGISTERED SOFTWARE AND MEMBERSHIP GRANT OF LICENCE: |
| Kid Genius
(the "Software") is owned by PHASE II Pty. Ltd. |
| PHASE II Pty.
Ltd. grants to you the limited right to install the software
(the "software") on |
| any suitable
computer at the registered address (street address and
number supplied on |
| membership
purchase) |
|
|
| 3. Under no
circumstances shall you be permitted, allowed or authorized
to commercially |
| exploit the
Software, any data comprising the Software. |
| Neither you
nor anyone at your direction shall do any of the following
acts (any such acts shall |
| be deemed void
and a breach of this Agreement) with regard to the Software,
or any portion |
| thereof. You
shall not (a) rent the Software, (b) sell the Software, (c)
lease or lend the |
| Software, (d)
offer the Software on a pay-per-play basis, (e) distribute,
by electronic means or |
| otherwise, the
Software for money or any other consideration; or (f) In any
other manner and |
| through any
medium whatsoever commercially exploit the Software or use
the Software for any |
| commercial
purpose, (g) modify, disassemble, reverse engineer or
decompile the Software, |
| (h) translate
the Software, (i) reproduce the Software, (j) publicly
display the Software, |
| (k) prepare
derivative works based upon the Software, (l) distribute, by
electronic means or |
| otherwise, the
Software, (m) copy the software. (n) distribute by any means
Words, Story Pages |
| or any part of
this software. (o) distribute by any means registration
codes or membership |
| passwords. |
| ----------------------------------------------------------------------------------------- |
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| 4. You shall
not use, in any manner, the logo, logos, symbols, art work,
images, screen displays |
| or
screenshots, sound effects, music, animations, video clips
and other such material contained |
| within,
generated by or relating to the Software. |
| ----------------------------------------------------------------------------------------- |
| 5.
Restrictions Apply to Third Parties. The prohibitions and
restrictions described herein |
| apply to
anyone in possession of the Software and/or Permitted
Derivative Works. |
| ----------------------------------------------------------------------------------------- |
| 6. Copyright. The
Kid Genius software is owned by Phase II Pty. Ltd. and is
protected by |
| international
copyright Laws. |
| All
materials contained within and generated by the Kid
Genius software, including images, |
| illustrations,
designs, icons, photographs, video clips, animations,
animated characters and |
| written
and other materials that are part of the
Kid Genius software (collectively, the |
| "Contents")
are copyrights, trademarks and/or other intellectual
properties owned, controlled |
|
| or
licensed by Phase II Pty. Ltd. |
|
| ----------------------------------------------------------------------------------------- |
| 7. THIS
SOFTWARE IS LICENSED \"AS IS.\" AND ALL
FAULTS AND THE ENTIRE RISK AS TO |
| SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. KID
GENIUS |
| AND ITS
LICENSORS DISCLAIM ANY AND ALL OTHER WARRANTIES WHETHER
EXPRESS OR |
| IMPLIED,
INCLUDING, WITHOUT LIMITATIONS. ANY IMPLIED WARRANTIES OF |
| MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. |
| ----------------------------------------------------------------------------------------- |
| 8. Kid Genius
and/or its affiliates will NOT be liable for any lost
profits, lost savings, or any |
| incidental
damages or other economic consequential damages (including
loss of information), |
| even if Kid
Genius or its affiliates have been advised of the
possibility of such damages. Kid |
| Genius will
not be liable for any damages claimed by you based on any
third party claim. This |
| limitation of
remedies also applies to any developer of Software supplied
to Kid Genius. Kid |
| Genius and the
developer's limitation of remedies are not cumulative. Such
developer is an |
| intended
beneficiary of this Section. |
| ----------------------------------------------------------------------------------------- |
| YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND |
| THIS
AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE
INSTALLATION OF THE |
| SOFTWARE, BY
LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING
THE |
| SOFTWARE ONTO
YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS |
| AGREEMENT'S
TERMS AND CONDITIONS. THIS AGREEMENT CONSTITUTES THE ENTIRE |
| AGREEMENT
BETWEEN YOU AND KID GENIUS AND SUPERSEDES ANY PRIOR
AGREEMENTS, |
| REPRESENTATIONS,
PROPOSALS OR UNDERSTANDINGS, WHETHER ORAL OR WRITTEN WITH |
RESPECT TO THE
SUBJECT MATTER OF THIS AGREEMENT.
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