TinkerPlots Software License Agreement

For TinkerPlots version 2.3 or newer

1. Learn Troop Pty Ltd ("LT") hereby grants to you (the "Licensee"), a nonexclusive, nonassignable, right and license to use TinkerPlots (The "Software").
2. No right or license is being conveyed to Licensee to redistribute the Software. Each individual or institution must download their own copy of TinkerPlots from LT.
3. "Software" includes the executable computer program and any related electronic and online documentation and any other files that may accompany the product.
4. The Licensee does not have the right to re-sell licenses that were purchased by the Licensee.
5. Copyright and intellectual property rights and distribution rights of the Software remain exclusively with LT.
6. Support: LT does not guarantee any technical support for the Software.
7. Termination: Without prejudice to any other rights, LT may terminate this Agreement if the Licensee fails to comply with the terms and conditions hereof. In such event, the Licensee agrees to remove all copies of the product from any computers on which they were installed and destroy all such copies.
8. Limited Warranty: The product is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the product, and the provision of or failure to provide support services. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. Limitation of Liability: In the event the exclusion of implied warranties does not apply and in the event of a breach of such warranties, LT's entire liability and your exclusive remedy shall be the return of the price paid. To the maximum extent permitted by applicable law, in no event shall LT or its affiliates be liable for any special, incidental, indirect, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the product or the provision of or failure to provide support services, even if LT has been advised of the possibility of such damages. As some jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply in certain jurisdictions.
10. Entire Agreement: The Licensee agrees that this Agreement is the complete and sole statement of the agreement between Licensee, LT, and LT's affiliates, and supersedes both all representations made in respect of the product and all other agreements (whether written or oral) relating to the subject matter of this Agreement.
11. Partial Illegality: If any provisions of this Agreement shall be construed to be illegal or invalid, it shall not affect the legality or validity of any other provision thereof, and the illegal or invalid provisions shall be deemed stricken and deleted here from to the same extent and effect as if never incorporated herein, but all other provisions hereof shall continue in full force and effect.
12. Applicable Laws: The rights and obligations of the parties under this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Instead, unless expressly prohibited by local law, the rights and obligations of the parties under this Agreement shall be governed by the State of South Australia, and the laws of Australia applicable therein.

Learn Troop Pty Ltd, PO Box 566, Campbelltown 5074, South Australia, Australia