PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WITHIN THIS LICENSE AGREEMENT. BY CLICKING THE "I Accept" BUTTON BELOW, OR DOWNLOADING AND USING THE WIRED WITH WISDOM® SOFTWARE, YOU INDICATE THAT YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WIRED WITH WISDOM® SOFTWARE.
This Web Wise Kids "Wired With Wisdom®" Software End-User License Agreement ("Agreement") is made by and between Web Wise Kids, Inc. and You, together indicated as the "Parties". Therefore, the Parties agree as follows:
1. Grant of License. By clicking on the "Accept" button accompanying this Agreement or by downloading and using the Wired With Wisdom® Software accompanying this Agreement, You shall be deemed to have accepted and agreed to be bound by the terms and conditions of this Agreement and Web Wise Kids, Inc. shall be deemed to have granted to You a License to install, use, and operate the Wired With Wisdom® Software on a single computer for use by You to learn about the online dangers faced by children and youth. (the "License"). In accordance with the Agreement and the License:
(a) You may use the Wired With Wisdom® Software, loaded onto one computer, to learn about many of the common on-line dangers faced by children and youth;
(b) You represent that you are at least 18 years of age. Wired With Wisdom® deals with mature subject matter and may not be downloaded by anyone under the age of 18;
(c) You have a license to use Wired With Wisdom®, but all ownership rights remain with Web Wise Kids, Inc. You may not transfer the Licensed Product to another computer other than the one for which it was initially licensed and for which it was installed by, or on behalf of You, except for the purpose of replacing a computer. You may not transfer or disclose Your login information and password (or disc) to any other person for the purposes of allowing that other person to use the Wired With Wisdom® Software.;
(d) You understand that while Web Wise Kids has attempted to provide detailed information about the threats that children and youth face online in the Wired With Wisdom® Software, new threats and dangers can develop, and that while Wired With Wisdom® is intended to help identify many issues of which parents and teachers need to be aware, Wired With Wisdom® is not intended to be a definitive or comprehensive listing of all possible dangers or a substitute for adult supervision of children and youth using the Internet.
2. Term. This Agreement and the License is made effective upon clicking on the "Accept" button accompanying this Agreement or by using the Wired With Wisdom® Software accompanying this Agreement, and remains in effect until terminated by You or Web Wise Kids, Inc. You may terminate this Agreement and the License at any time by removing the Wired With Wisdom® Software from your computer. This Agreement and the License will terminate immediately without notice from Web Wise Kids if You fail to comply with any provision of this Agreement or the License granted herein. Upon termination You must remove the Wired With Wisdom® Software from your computer.
3. Intellectual Property. You acknowledge that the Wired With Wisdom® Software is subject to U.S. Copyright law and that the Wired With Wisdom® Software and all intellectual property rights in the Wired With Wisdom® Software are, and shall remain, the property of Web Wise Kids, Inc. All rights in and to the Wired With Wisdom® Software not expressly granted to You in this Agreement are hereby expressly reserved and retained by Web Wise Kids, Inc. without restriction, including, without limitation, Web Wise Kids, Inc.'s right to sole ownership of the Wired With Wisdom® Software and Documentation. Without limiting the generality of the foregoing, You agree to not: (a) sublicense, distribute, or use the Wired With Wisdom® Software outside of the scope of the License granted herein; (b) reverse engineer, disassemble, or decompile the Wired With Wisdom® Software or otherwise attempt to discover any source code or trade secrets related to the Wired With Wisdom® Software; (c) use the trademarks or any copyright or other proprietary rights associated with Web Wise Kids or the Wired With Wisdom® Software for any purpose without the express written consent of Web Wise Kids, Inc.; (d) register, attempt to register, or assist anyone else to register any trademark, copyright or other proprietary rights associated with Web Wise Kids, Inc.; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Wired With Wisdom® Software.
4. Disclaimer of Warranty on Wired with Wisdom® Software. THE WIRED WITH WISDOM® SOFTWARE IS LICENSED TO YOU "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, INTEROPERABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE WIRED WITH WISDOM® SOFTWARE IS GIVEN OR ASSUMED BY WEB WISE KIDS, INC., OR ITS AGENTS, AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
5. Limitation of Liability. YOU AGREE THAT WEB WISE KIDS, INC.'S LIABILITY HEREUNDER FOR DIRECT DAMAGES ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, EQUITY, TORT, NEGLIGENCE, WARRANTY, OR OTHER FORM OF ACTION, WILL NOT EXCEED THE PRICE PAID BY YOU FOR THE USE OF THE WIRED WITH WISDOM® SOFTWARE AND IN NO EVENT SHALL EXCEED FIFTY DOLLARS ($50.00). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL OR SPECIAL DAMAGES, (INCLUDING WITHOUT LIMITATION, DAMAGES FOR NEGLIGENCE, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY.
6. Controlling Law and Severability. This Agreement shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. The Wired With Wisdom® Software is controlled by U.S. Export Regulations, and it may be not be used by embargoed countries or individuals.
7. Complete Agreement. This Agreement constitutes the entire agreement between You and Web Wise Kids, Inc. with respect to the use of the Wired With Wisdom® Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of Web Wise Kids, Inc.