THE ACT OF OPENING THIS PACKAGE OR USING THE WEB BASED SOFTWARE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.0 Software License Agreement – This is a License Agreement between you (Licensee) and Perpetual Technology Group (Licensor) governing your use of the software. Opening the package containing the software or using the software online indicates your acceptance of this Agreement. If you do not wish to agree to the terms of this Agreement, promptly return the complete software program package unopened to Perpetual Technology Group or promptly advise us in writing, and you will receive a full refund.
2.0 Notification of Copyright – The software program package (“Software”) is a proprietary product of Brigham Young University and is protected by copyright laws. Copyright laws prohibit making copies of the software for any reason. You or your users may not copy the written materials accompanying the software.
3.0 License – Perpetual Technology Group grants you a nonexclusive, non-transferable right to use the webCAPE Software (SaaS) for a single site institutional location. For each physical location that has students or potential students taking the web-based exams, that physical location must have a licensed account. Students and potential students can access the exams from anywhere using the World Wide Web.
4.0 Transfer Restrictions – You agree not to rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or timeshare the software or documentation. You may transfer this license to another person or entity only if you obtain the prior written approval of Perpetual Technology Group.
5.0 Protection of Software – You agree to take all reasonable steps to protect the software and documentation from unauthorized copying or use. The software source code represents and embodies trade secrets of Brigham Young University. The source code and embodied trade secrets are not licensed to you and any modifications, additions or deletions are strictly prohibited. You agree not to disassemble, decompile or otherwise reverse engineer the software in order to discover the source code and/or the trade secrets contained in the source code.
6.0 Disclaimer of Warranty and Limitation of Remedy – THE SOFTWARE IS PROVIDED ON AN “AS IS AND WHERE IS” BASIS WITHOUT WARRANTY OF ANY KIND OR DESCRIPTION EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE DOCUMENTATION. IN NO EVENT WILL PERPETUAL TECHNOLOGY GROUP BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF PERPETUAL TECHNOLOGY GROUP OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PERPETUAL TECHNOLOGY GROUP WILL NOT BE LIABLE FOR ANY SUCH CLAIM BY AN OTHER PARTY. UNDER NO CONDITIONS WILL PERPETUAL TECHNOLOGY GROUP’S LIABILITY EXCEED THE PURCHASE PRICE OF THIS SOFTWARE.
7.0 Term and Termination – This Agreement is effective from the date you break the seal preventing access to the software or when you register online and will remain in force until terminated. You may terminate this License Agreement at any time or by destroying the program and documentation together with copies. It will terminate automatically if the terms of this Agreement are violated. The price of the license is subject to change from one year to another or any upgrades may be subject to additional cost.
8.0 General – If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions of this Agreement. This Agreement is governed by the laws of the State of Utah.