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EULA
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Software License Agreement
Acceptance. By clicking on the button labelled “I accept the terms in the license agreement”, or
on the button labelled “I accept the agreement”, you acknowledge that you have read this
license, understand it, and agree to be bound by its terms and conditions.
License. Your payment for this computer software provides you with a non-exclusive right for
one simultaneous use of the program(s). To run the program(s) on more than one computer at
the same time, you must obtain a separate license for each additional use. You may not distribute
copies of the programs or documentation to others. You may not use, copy, modify, or transfer
the programs except as expressly provided in this agreement.
Termination. This license is effective until terminated. This license will automatically
terminate if you fail to comply with any term or condition of this agreement. Upon notification
of termination, you agree to destroy all copies of the programs and documentation.
Limited Warranty. If a program fails to function as documented in its user's manual within
one year of purchase, or at any later time if the software version you own is still the current
version distributed by Lertap.com (Western Australia), by Professional Testing Incorporated
(Florida, United States of America), or by Assessment Systems Corporation (Minnesota, United
States of America), Lertap.com will, upon receiving a written request and description of the
problem from you, use its best efforts to correct the failure. If Lertap.com cannot correct the
failure within a reasonable amount of time, it may elect to terminate this agreement and refund
the price of the license.
Neither Lertap.com nor anyone else who has been involved in the creation, production,
distribution, or delivery of Lertap.com software products shall be liable for any direct, indirect,
consequential, or incidental damages arising out of the use, the results of use, or inability to use
such products even if Lertap.com has been advised of the possibility of such damages or claims.
If your state, province, or territory does not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitations might not apply to you.
Governing Law. If this software was purchased or downloaded in Australia, then this EULA is
governed by the laws in force in Western Australia. If this software was purchased or
downloaded in the United States of America, then this EULA is governed by the laws of the
United States of America and the state in which the purchase or download was made, without
reference to conflict of laws principles. If this software was purchased or downloaded in any
other country, then local law may apply. If and to the extent any provision of this EULA is held
illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such
portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or
unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be
deemed modified to the extent necessary to conform to applicable law so as to give the
maximum effect to the intent of the parties. No term or provision in this EULA will be
considered waived, and no breach excused, unless such waiver is in writing signed on behalf of
the party against whom the waiver is asserted. No waiver (whether express or implied) will
constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No
modifications or amendments to this EULA will be binding upon Lertap.com unless made in
writing and duly executed by the purchaser and an authorized representative of Lertap.com.