PASCO Capstone and SPARKvue Licenses
Please carefully read the terms and conditions before installing and using the media for purposes other than product evaluation. By installing the media, you accept the following terms and conditions of this End User License Agreement (EULA). If you do not agree with the terms, do not install the media. This License will be governed by the Laws of the State of California, United States of America.
Media updates and revisions are promulgated either through the PASCO scientific website or other appropriate means. It is the responsibility of the end user to update media as needed.
OWNERSHIP & LICENSE
PASCO scientific retains the ownership of the media enclosed in this package. It is licensed to the user in strict conformance with the terms and conditions of this agreement. Failure to comply with the license automatically terminates your right to use the media. The media is protected under U.S. and international copyright laws, treaty provisions and trade secret statutes. This license grants the user a limited, non-exclusive, non-transferable license to use the media including documentation. Users have not acquired title or ownership in the media or documentation, or any copies or parts thereof. Your right to use the media and the documentation are limited to the terms and conditions described in this End User License Agreement.
The media and documentation are intended for educational purposes. A Single License authorizes installation and use of the Media on a single computer. A Site License authorizes the installation and use of the Media on every computer located at a single K-12 institution campus, or every computer of a single department at a college or university. In addition, the Site License entitles you to install the Media on computers owned and used by active faculty and staff, and on computers owned and used by students enrolled and physically attending class on the campus. Users at remote institutional locations, such as satellite campuses, are not covered by the Site license.
You may not distribute the media or documentation, or any part thereof, electronically or otherwise outside of the campus for Single or Site
Any copy of the media, in whole or in part, is the property of PASCO scientific. PASCO scientific reserves all rights not expressly granted herein. The license is limited solely to the uses specified above and users are NOT licensed to otherwise use or copy all or any part of the media. License holders must take reasonable measures to ensure that the number of simultaneous users does not exceed the number of licenses purchased and license holders must take reasonable measures to prevent unauthorized access to the media.
PASCO scientific warrants to the original licensee that the physical
media on which the products is recorded will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of your receipt.
The liability of PASCO scientific, pursuant to this limited warranty
shall be limited to the replacement to the defective media. If failure of the media has resulted from accident, abuse, or misapplication of the product, then PASCO scientific shall have no responsibility to replace the media.
THIS LIMITED WARRANTY AND RIGHT OF REPLACEMENT IS IN LIEU OF, AND YOU HEREBY WAIVE, ANY AND ALL OTHER WARRANTIES BOTH EXPRESS AND IMPLIED, RELATING TO THE SOFTWARE, DOCUMENTATION, MEDIA OR THIS LICENSE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PASCO SCIENTIFIC BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OR REVENUES OR PROFIT, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, OR LOSSES SUSTAINED BY THIRD PARTIES EVEN IF PASCO SCIENTIFIC, HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.
This warranty gives you specific legal rights which may vary from state to state. Some states do not allow the limitation or exclusion of liability for consequential damages, so the above limitation may not apply to you.
This License agreement shall insure to the benefit of PASCO scientific, its successors, representatives and assigns. The license granted hereunder may not be assigned, sublicensed or otherwise transferred by license holders without the prior written consent of PASCO scientific. If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
The disclaimers of warranties and damages and the limitation on liability shall survive termination of the License.
The SPARKvue app (SPARKvue HD) for tablet devices is licensed separately, and is available through the App Store, Chrome Webstore and Google Play. See pasco.com/sparkvue for more information.