license

Legal Information

Exam P/1 CBT Practice Tests
Copyright © 2001-2008
Exam P/1 CBT Practice Tests License Agreement End-User License Agreement ("EULA")
Revision 09/01/08

IMPORTANT - PLEASE READ CAREFULLY BEFORE REGISTERING ANY SOFTWARE OR PRODUCT FROM ACTUARIAL TESTS. The following End-User License Agreement ("EULA") is between Actuarial Tests, its licensors, its licensees, its partners, and its affiliates (Actuarial Tests), and you the consumer as either an individual or organization or entity (User) that is registering the Product. This EULA a legal agreement between you the End-"User" ("User" is either an individual or any entity), and Actuarial Tests, and Actuarial Tests licensors, licensees, partners, and affiliates (collectively referred to as the "Parties").
By registering any software from Actuarial Tests, User indicate User acceptance of this EULA, agrees to be bound by its terms and conditions for use, and acknowledges that the User is not purchasing any ownership of the software or Product(s) under this license, but rather the User is purchasing the right to use it under the following conditions.
IF THE USER DOES NOT AGREE TO THE TERMS OF THIS EULA, DESTROY ALL COPIES, AND DO NOT REGISTER THE SOFTWARE OR PRODUCT(S).

*** Section 1: Actuarial Tests Product License Options: ***
1.1 You are granted the right to use the SOFTWARE without registration solely for the purposes of evaluating the performance of the SOFTWARE for a period of no more than 3 days. If after that time continued use of the SOFTWARE is desired then the SOFTWARE must be registered with Actuarial Tests subject to the terms as laid out in the registration information which can be found in the documentation accompanying the SOFTWARE. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction.
1.2) SINGLE COMPUTER, SINGLE User LICENSE: This license option is available for immediate purchase and is designed for the single individual. This option permits an Actuarial Tests Product to be registered on a single computer by a single individual. Note that with this license, the User is not able to transfer the license to another computer after registration through Actuarial Tests copy protection. This is the default license type and is applicable to the all Actuarial Tests software Products. If the User requires multiple computer support, select the "Multiple Computer, Single User License" option instead, if available.
1.3) MULTIPLE COMPUTER, SINGLE USER LICENSE: This license is designed for the corporate or shared users environment. This option permits the Actuarial Tests to be registered on a single computer at a time, this license requires an activation code, issued by the Actuarial Tests sales staff upon purchase.

*** Section 2: General Terms: ***
2.1) Actuarial Tests reserves the right to change prices without notice or compensation to the User.
2.2)Actuarial Tests may terminate the User's sub license and this Agreement upon five days advance notice to the User in any of the following circumstances:
a) termination of the Software License Agreement;
b) the User breaches any provisions of this Agreement; or
c) Actuarial Tests desires to terminate the User's sublicense and this Agreement.
2.3. Upon any termination of this Agreement, all of the rights and sub licenses granted to the User pursuant to this Agreement shall immediately terminate in their entirety. Upon any such termination, the User agrees to:
a) immediately destroy, delete, and erase all copies of the Product(s), without refund, from any and all computers and computer systems owned or controlled by the User, all copies of the Licensed Software, and with all other provisions of this EULA surviving any such termination; and
b) delete the registration confirmation e-mail(s), unlock codes and make sure that any registration details for the software are not disclosed to anyone, or made available for public viewing or public use of any.
2.4) User may not alter, modify, revise, enhance, decompile, reverse engineer, disassemble, or otherwise reduce the Product to an un-protected form.
2.5)All other copying, use or storage of the Licensed Software and the Solution Manual other than as permitted under paragraph 1.2 and 1.3 is expressly prohibited;
2.6) User may not create derivative Works based upon the Product(s).
2.7) Upon registration (only possible after EULA acceptance), Actuarial Tests only grants the User the right to use the Product as described herein.
2.8) The User may NOT copy any Content from any Actuarial Tests Product, software, test question, or other Actuarial Tests Works or materials, to any other computer or media without said Content/Work being wrapped within the unmodified Actuarial Tests Product.
2.9) The User may not permit the public viewing or public use of any Actuarial Tests registered Product and or registration details.
2.10) The User agrees that any attempt to bypass, override, or otherwise circumvent the Actuarial Tests copy protection system for any Actuarial Tests Product or other software is prohibited by the International Copyright Law and other International Treaties.
2.11) The User acknoweldges and accepts that all Actuarial Tests license models are enforced through the use of Actuarial Tests Copy Protection. If we have any reason to believe that the User has attempted to bypass, override the registration mechanism or use a non-authorized copy of the Actuarial Tests software we may take any actions we deem necessary.
2.12) The User has read, understands, and formally agrees with all of the terms of this entire EULA.
2.13) In the event that User fails to comply with this EULA, Actuarial Tests may terminate the license and User must destroy, delete, and erase all copies of the Product(s), without refund, and with all other provisions of this EULA surviving any such termination.
2.14) This EULA contains the complete agreement between the parties, and supersedes all prior agreements or understandings, whether oral or written. User agrees that any additional terms contained in any other written notification or document issued by User or Actuarial Tests in relation to the Product licensed hereunder shall be void and of no effect. The failure or delay of Actuarial Tests to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

*** Section 3: Copyright, Trademark, Confidential Information and Intellectual Property ***
3.1) The Actuarial Tests web sites, applications, graphics, software, this agreement, and all related software product documentation are Copyright © 2001-2007 by Actuarial Tests. All rights reserved. The User acknowledges exclusive Actuarial Tests ownership of the marks listed and agrees not to challenge said marks.
3.2) All Actuarial Tests Content, Products, Materials, and/or Works are not sponsored by, endorsed by or affiliated with any other company except those partnerships expressly announced at www.actuarialtests.com.
3.3) All other trademarks, servicemarks, registered trademarks, and registered servicemarks, mentioned within this document or any Actuarial Tests Product, Content, Web Site, or other Works, are the property of their respective owners. The use of any acronym or term on or within any Actuarial Tests Product, Content, Web Site, or other Works, should not be regarded as affecting the validity, ownership, or as a challenge to, any trademark or servicemark.
3.4) The User acknowledges the overall Product is owned and Copyright by Actuarial Tests, is protected by international copyright laws and treaty provisions, and the User agrees not to challenge the Actuarial Tests Copyright status for said Actuarial Tests Product.
3.5) Reasonable effort has been made to acknowledge all third-party trademarks and servicemarks with applicable Actuarial Tests Products, however neither Actuarial Tests, its staff, its management, nor the Independent Contractor Author can attest to the accuracy of that information.
3.6) The User agrees to immediately notify Actuarial Tests of any Copyright, Trademark, Confidential Information, or other Intellectual Property infringements discovered on or within any Actuarial Tests web site or Product, and further agrees to give Actuarial Tests reasonable opportunity to immediately verify and remove any such offending content from sale.

*** Section 4: Warranty Disclaimer: ***
4.1) Actuarial Tests specifically disclaims all warranties relating to the Licensed Software, including all warranties of quality, description, merchantability or fitness for a particular purpose whether express or implied, or arising from a course of dealing or through usage of trade.
4.2) The User understands and agrees that all Actuarial Tests products are provided on an "as-is" basis, and are operated at the User's own risk.
*** Section 5: Indemnification, Damages, and Limitation of Liability: ***
5.1) User agrees to hold harmless, defend and indemnify Actuarial Tests from and against any and all claims, injuries, damages, obligations, liabilities, causes of action, judgment or costs including reasonable attorneys' fees, arising out of or in connection with, either directly or indirectly, any act or omission of User or Actuarial Tests and its officers, employees or its subcontractors in the performance of anything under this EULA, or any other act or omission by or under the direction of User or Actuarial Tests and its employees or agents under this EULA. This indemnification includes, but is not limited to, any intentional, reckless, negligent, fraudulent or criminal act of User or Actuarial Tests and of any director, officer, employee, agent or third party subcontractors of User or Actuarial Tests within the scope of this EULA.
5.2) Under no circumstances shall Actuarial Tests be liable to the User or any third party for any indirect, incidental, consequential, special or exemplary damages (even if that part has been advised of the possibility of such damages), arising from any provision of this EULA such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of deliver, or liabilities to third parties arising from any source whatsoever. Notwithstanding anything else in this EULA or otherwise, Actuarial Tests will not be liable with respect to any subject matter of this EULA under any contract, negligence, strict liability or other legal or equitable theory for (I) any incidental or consequential damages or lost data, or (II) any matter beyond either Parties reasonable control.
5.3) Actuarial Tests total liability to the User for actual damages for any cause whatsoever will be limited to $50.00 USD, or the amount paid by the User for the software or Product(s) that caused such damage, whichever is less. Actuarial Tests limitations on liability are intended to apply to all warranties, disclaimers, and all other aspects of this EULA.
5.4) The User agrees that Actuarial Tests, Actuarial Tests Independent Contractor Authors, and Actuarial Tests Staff, shall have neither liability nor responsibility to any person or entity with respect to any loss or damages arising from the Product, or any information contained on the Actuarial Tests Web Site, or from the use of any Actuarial Tests related information or other Products. Use of any information posted at any Actuarial Tests owned web site, or use of any suggestions or recommendations made by Actuarial Tests, its Products, or its staff, or use of any information within any other Product or software provided or owned by Actuarial Tests, is entirely at User's own risk.

*** Section 6: Content Disclaimer: ***
6.1) Actuarial Tests disclaims any responsibility for the Content or Works of any third party or contracted materials provided through or on the Actuarial Tests.com web site.
6.2) Actuarial Tests does desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore if the User believes that any such third party materials infringe any intellectual property rights, the User agrees to contact the following agent to request a review of the alleged infringement prior to filing any law suit or other legal action.

*** Section 7: Actuarial Tests Product Updates: ***
7.1) Under the following conditions and restrictions, the price of your Actuarial Tests Product license includes free Internet download updates for a maximum period of 6 months from the date of purchase.
7.2) Actuarial Tests software Product updates, technical support, unlock keys, and/or license replacements, are only provided at Actuarial Tests sole option for Actuarial Tests software Products that correspond to currently active exams. This means that if the exam is discontinued, then the corresponding Actuarial Tests Product is usually also discontinued, and if so no further support or unlock keys will be provided.
7.3) Actuarial Tests free software Product updates may be available for currently active exam releases of the exact same exam name, same exam objectives, and same exam version, at Actuarial Tests sole option.