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QuantumXl 2013

EULA for Quantum XL Education Version

IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS, OBLIGATIONS AND RESTRICTIONS SET FORTH IN THIS END USER LICENSE AGREEMENT (“EULA”).

This EULA is a legal agreement between Digital Computations, Inc., dba SigmaZone.com (“Licensor”), and you, as the “End-User” of the SOFTWARE PRODUCT described herein. This EULA sets forth the terms under which you, as the End-User, may use Quantum XL Software, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (the "SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download install or use the SOFTWARE PRODUCT.

ELIGIBILITY TO RECEIVE LICENSE

In order to be eligible to use the SOFTWARE PRODUCT in accordance with the terms of this EULA, End-User must meet each of the following criteria (the “License Criteria”):

End-User must be a student enrolled in a degree granting program at an accredited university recognized by Licensor or a professor/research assistant at an accredited university recognized by Licensor.

End-User must register End-User’s use of the SOFTWARE PRODUCT at Licensor’s website http://www.sigmazone.com/SWUpdate/QuantumEDU/RegistrationForm.aspx  (“Licensor’s Website”).

After registration of the License of Licensor’s Website, End-User’s License must be approved by Licensor.

In the event that End-User does not meet any of the above criteria, End-User may not use the SOFTWARE PRODUCT under the terms of this EULA. In addition, if at any point End-User ceases to meet any of the above criteria, End-User’s License to use the SOFTWARE PRODUCT shall be immediately and automatically terminated with no further action required on the part of Licensor or End-User and End-User must remove, delete and destroy all physical and electronic copies of the SOFTWARE PRODUCT then in End-User’s possession or under End-User’s control.

GRANT OF EDUCATIONAL LICENSE

Assuming End-User meets each of the License Criteria set forth above, Licensor hereby grants End-User a limited, non-exclusive, non-transferable, royalty-free license to use the SOFTWARE PRODUCT in accordance with the terms and conditions of this EULA and all United States copyright laws and international copyright treaties, as well as other intellectual property laws and treaties (the “License”). The SOFTWARE PRODUCT is licensed to End-User free of charge subject to the terms and conditions:

1. End-User may install, use, access, display and run only one copy of the SOFTWARE PRODUCT, on a single computer, workstation or terminal and only for personal purposes.

2. End-User may use the SOFTWARE PRODUCT only for educational and research applications. Under no circumstances may the SOFTWARE PRODUCT be used in non-educational applications or in any manner intended to be a for profit venture.

3. The SOFTWARE PRODUCT may not be installed on a network or shared drive without the prior written permission of Licensor.

4. End-User’s rights to use the SOFTWARE PRODUCT under this EULA are non-exclusive and non-transferable. End-User may not sell, transfer or convey any such rights to any third party without Licensor’s prior written consent.

5. End-User may not alter, duplicate, modify, rent, lease, loan, sublicense, reproduce, create derivative works from, distribute or provide others with the SOFTWARE PRODUCT in whole or part, or transmit or communicate the SOFTWARE PRODUCT over a network without Licensor’s prior written consent.

6. All rights to use the SOFTWARE PRODUCT that are not explicitly granted to End-User in this EULA are reserved exclusively to Licensor.

SUPPORT AND MAINTENANCE

Licensor may, but is not required to, provide End-User with support services related to the SOFTWARE PRODUCT (“Support Services”). End-User’s use of Support Services, if any, is governed by Licensor’s policies and programs described in any user manuals, online documentation, and/or other Licensor-provided materials. Any supplemental software code provided to End-User as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and shall be subject to the terms and conditions of this EULA. Licensor may require that End-User provide Licensor with technical data (“End-User Data”) as part of providing the Support Services. Licensor may use such End-User Data for its business purposes, including product support and development. Licensor will not utilize such technical information in a form that personally identifies End-User.

TERMINATION

Licensor may terminate this EULA at any time in Licensor’s sole and absolute discretion. In the event Licensor terminates this EULA for any reason whatsoever End-User must remove, delete and destroy all physical and electronic copies of the SOFTWARE PRODUCT then in End-User’s possession or under End-User’s control.

COPYRIGHT

The SOFTWARE PRODUCT is protected by United States copyright laws and other intellectual property laws as well as international intellectual property treaty provisions. All right, title and interest in and to the copyrights and all other intellectual property rights in the SOFTWARE PRODUCT (including but not limited to all images, photographs, animations, video, audio, music, text, software code and applications incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Licensor.

NO WARRANTY

THE SOFTWARE PRODUCT IS PROVIDE TO END-USER ON AN “AS IS” BASIS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE PRODUCT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES IN A WORKMANLIKE OR PROFESSIONAL MANNER. LICENSOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE PRODUCT WILL OPERATE IN ACCORDANCE WITH ANY DOCUMENTATION PROVIDED WITH THE SOFTWARE PRODUCT, THAT THE SOFTWARE PRODUCT IS FREE FROM VIRUSES, ERRORS, DISABLING FEATURES, BUGS, WORMS OR OTHER HARMFUL CODE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF END-USER’S USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY END-USER FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER, IF END-USER HAS ENTERED INTO A SUPPORT SERVICES AGREEMENT WITH LICENSOR THEN LICENSOR’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF SUCH SUPPORT SERVICES AGREEMENT.

AMENDMENTS

Licensor reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this EULA at any time in Licensor’s sole discretion. Any such modification or change will be effective upon Licensor posting a revised copy of this EULA on Licensor’s Website. End-User’s use of the SOFTWARE PRODUCT after Licensor makes any changes or modifications to this EULA will demonstrate and constitute End-User’s acceptance of any and all such changes.



GOVERNING LAW; JURISDICTION AND VENUE

This EULA shall be governed and construed by the laws of the State of Florida. End-User consents to and acknowledges the exclusive jurisdiction of the State of Florida with respect to any action arising out of or under this EULA. End-User agrees that the exclusive venue for any action for the enforcement of this EULA or any dispute arising under this EULA shall be the Circuit Court for Orange County, Florida. End-User consents and submits itself to the personal jurisdiction of such court, and waives any defense that, and agrees that, End-User shall not assert that such forum is inconvenient or improper.

ARBITRATION

Any dispute arising under this EULA will be subject to binding arbitration by a single arbitrator in accordance with the rules of the American Arbitration Association. The arbitration will be held in Orlando, Florida. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this EULA. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.

EXPORT CONTROLS

End-User agrees that End-User will not export or re-export the SOFTWARE PRODUCT or related technical data to any country, person, entity or end-user subject to United States export restrictions.



U.S. GOVERNMENT RESTRICTED RIGHTS.

The SOFTWARE PRODUCT is provided with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Digital Computations, 6839 Valhalla Way, Windermere FL 34786.

SEVERABILITY; ENTIRE AGREEMENT; WAIVER

If any provision of this EULA is held invalid or unenforceable, it shall be enforced to the extent reasonable under the circumstances and it shall not affect the validity and enforceability of the other provisions hereof. This EULA constitutes the entire agreement between the Licensor and End-User with respect to the subject matter hereof. A waiver by Licensor of any breach of this EULA by End-User shall not constitute a waiver of any subsequent breach of the same or any other provision of this EULA by End-User, nor shall it constitute a waiver of the provision itself.

Should you have any questions concerning this EULA, or if you desire to contact Licensor for any reason, please write: Digital Computations, 6839 Valhalla Way, Windermere FL 34786.

End-User hereby acknowledges that End-User has read and understands the foregoing EULA and agrees that by clicking “Accept” or installing the SOFTWARE PRODUCT End-User acknowledges End-User’s agreement to be bound by the terms and conditions of this EULA.