Brain Power Tutorial Games

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LICENCE AGREEMENT FOR Brain Power Tutorial Games SOFTWARE

PLEASE READ THIS DOCUMENT CAREFULLY : This agreement will govern your use of Brain Power Tutorial Games software, printed materials and any documentation or software made available to you by Brain Power Tutorial Games on the Internet ("the software") by mail-order or over the counter.

If you do not agree to these terms, then you will be unable to order the Brain Power Tutorial Games software.

GRANT OF LICENCE

Brain Power Tutorial Games grants a non-exclusive licence to you on the following terms and conditions :

1. You may :

Use one copy of the software on a single computer

Use the software on a network or file server, provided you have a licence for each computer that can access the software over the network.

2. You may not :

Make copies of the documentation that forms part of the software

Loan, lease, sub-licence, or otherwise transfer any part of the software

Alter, modify, adapt, reverse, engineer, decompile, disassemble or make any attempt to discover the source code of the software.

3. TERMINATION

This licence and your right to use the software will terminate automatically if you fail to comply with any provision of this agreement, in which event you must immediately destroy all your copies of the software.

4. COPYRIGHT

Brain Power Tutorial Games owns the copyright and all other intellectual property rights in and to the software, including but not limited to any text, images, photographs, animations, video, audio and music that forms part of the software.

5. LIMITED WARRANTY

If you have registered as a licensee by completing and returning the enclosed Warranty Registration Card then, subject to any applicable law which precludes the exclusion of certain rights or remedies, Brain Power Tutorial Games gives you the following warranties only :

Brain Power Tutorial Games warrants only that, provided it is used on the computer hardware and with the operating system for which it was designed, the software will perform substantially in accordance with the user documentation enclosed with it.

Brain Power Tutorial Games will, at its sole discretion, replace or repair defective software or media, provided you have returned the original and all copies of the defective software to Brain Power Tutorial Games within 30 days of the date of purchase, together with dated proof of payment. If Brain Power Tutorial Games cannot replace or repair the defective software or media it will refund the purchase price to you.

Brain Power Tutorial Games MAKES NO OTHER WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PORTION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ITS QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACTUAL OR IMPLIED. THIS WARRANTY IS IN SUBSTITUTION OF ANY WARRANTY THAT MAY EXIST AT COMMON LAW.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Brain Power Tutorial Games, OR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS OR SUB-CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND WHETHER FOR LOSS OF PROFITS, LOSS OF SOFTWARE OR DATA, THE COST OF RECOVERING OR SUBSTITUTING SUCH SOFTWARE OR DATA OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE ANY PORTION OF THE SOFTWARE, EVEN IF Brain Power Tutorial Games IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Brain Power Tutorial Games's MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.

7. GENERAL TERMS

This licence agreement shall be interpreted and implemented in accordance with the law of the Republic of South Africa, provided that if any part of this agreement contravenes an overriding statute or the public policy of the country where it is sought to be enforced, that portion shall be interpreted so as to give effect to the intention of the parties but in compliance with the laws of that country. If the portion cannot be so interpreted then it shall be severed from the remainder of the agreement, which shall continue to be enforceable.

This licence agreement constitutes the entire agreement between Brain Power Tutorial Games and you. No agreement varying, adding to, deleting from or cancelling this licence agreement and no waiver of any right under this agreement shall be effective unless reduced to writing and signed by or on behalf of the parties.

You waive the right to rely on any alleged provision not contained in this licence agreement or any representation that allegedly induced you to enter into this licence agreement, regardless of who made it. In particular, NO DEALER, DISTRIBUTOR, SALES PERSON OR OTHER PERSON IS AUTHORISED TO MODIFY THIS LICENCE AGREEMENT OR MAKE ANY REPRESENTATION IN ADDITION TO THOSE CONTAINED IN THIS AGREEMENT.

If you have any queries with regard to this licence please contact: -

Brain Power Tutorial Games

Tel/Fax: 27-31-261-2968 E-mail: brainpowergames@telkomsa.net

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