iQpakk Publisher(tm) and/or iQpakk courses(tm)

END-USER LICENSE AGREEMENT
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READ BEFORE INSTALLING

BY INSTALLING THE SOFTWARE INCLUDED WITH THIS AGREEMENT, 
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE AGREEMENT.

iF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT,
PROMPTLY REMOVE ALL COPIES OF THE SOFTWARE FROM ALL YOUR 
ELECTRONIC DEVICES.
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IMPORTANT  READ CAREFULLY: This end user license agreement (EULA) is a legal agreement between you (either an individual or single entity) and MentorMate Corporation for the MentorMate software Products identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT.

The Product may contain the following software:
* iQpakk Publisher files or online access (various platforms)
* iQpakk Courses files or online access (various platforms)

GRANT OF LICENSE. MentorMate grants you the following rights provided you comply with all terms and conditions of this EULA:

Installation and Use  You may install and use one copy of the software on one device.

Dual media - You may not loan, rent, lease, or otherwise transfer the software apart from distributing it as a demo only version.

Reservation of rights. MentorMate reserves all rights not expressly granted to you in this EULA.

UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the Product identified by MentorMate as eligible for the upgrade. After upgrading, you may no longer use the Product that formed the basis for your upgrade eligibility.

ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Product provided by MentorMate, unless we provide other terms along with the update or supplement.

LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or dissassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.

TERMINATION. Without prejudice to any other rights, MentorMate may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all its component parts.

CONSENT TO USE OF DATA: You agree that MentorMate and its affiliates may collect and use technical information you provide as a part of support services related to the Product. MentorMate agrees to not use this information in a form that personally identifies you.

NOT FOR RESALE SOFTWARE. Product may not be resold, transferred, or used for any purpose other than test, demonstration, or evaluation. This includes iQcourses produced with the iQsmith. To be able to resell these please contact MentorMate for details.

EXPORT RESTRICTIONS. You acknowledge that Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. 

LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE UNITED STATES AND CANADA.
MentorMate warrants that the Product will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90)-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to this Product, including, without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety-day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of Limited Warranty is as set forth below. Except for any refund elected by MentorMate, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet MentorMate's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of the section "Exclusion of incidental, consequential, and certain other damages." below are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion of limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. MentorMate's and its suppliers' entire liability and your exclusive remedy shall be, at MentorMate's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to MentorMate with a copy of your receipt. You will receive the remedy elected by MentorMate without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to MentorMate). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any Product support services offered by MentorMate are available without proof of purchase. To exercise your remedy, contact: MentorMate, Attn. MentorMate Sales Information at: info@MentorMate.com or send postal mail to the mail address given at www.MentorMate.com 
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE UNITED STATES AND CANADA.
FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET (IF ANY) INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, MentorMate and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDANCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MENTORMATE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF MENTORMATE OR ANY SUPPLIER, AND EVEN IF MENTORMATE OR ANY SUPPLIER AHS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of MentorMate and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by MentorMate with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S. $5.00. The foregoing limitations, exclusions, and disclaimers (including the three sections above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

U.S. GOVERNMENT LICENSE RIGHTS. All Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein.

APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the State of Minnesota. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the province of Ontario, Canada, and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario, Canada. If this Product was acquired outside the United States, then local laws may apply.

ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) is the entire agreement between you and MentorMate relating to the Product and the support services (if any) and they supersede all prior or contemperaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any MentorMate policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

The Product is protected by Copyright and other intellectual property laws and treaties. MentorMate or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
