OXFORD UNIVERSITY PRESS

SOFTWARE LICENSE

PLEASE READ THESE TERMS BEFORE USING THIS TESTING PROGRAM CD-ROM

The copyright in this CD-ROM ("the Software") and in any associated documentation is owned by Oxford University Press ("OUP"). By using the CD-ROM, you agree to be bound by the terms of this license. If you do not accept the terms set out below then do not use the CD-ROM. Return the disc unused in the original package to the dealer from whom you obtained/bought it together with proof of purchase for a full refund.

Grant of License
Oxford University Press ("OUP") grants to you ("Licensee") a non-exclusive right and license to use the publication, American English File Second Edition Level 3 Testing Program, and the proprietary software program ("CD-ROM"). Such license shall include permission to install the CD-ROM on a single computer/workstation for single user access only and to make one copy of the CD-ROM for internal backup purposes only and not as a duplicate or substitute for the licensed CD-ROM.

Limitations of License
Licensee agrees that it will not transfer or sell the CD-ROM to another party, unless all media and written materials provided are also conveyed and no copies of the CD-ROM are retained for Licensee's use. Licensee further agrees that it will not publish or commercially exploit any information from the CD-ROM.

Proprietary Rights
Licensee acknowledges that the licensed publication is OUP's copyrighted property. Licensee also understands that the licensed software program is the property of OUP and that no ownership of proprietary rights is conveyed by this agreement.

Restrictions
Licensee agrees that it will not, nor permit others to: (a) disassemble, decompile or otherwise derive source code from the software, (b) reverse engineer the software, (c) modify or prepare derivative works of the software, or (d) use the software in any manner that infringes the intellectual property or other rights of another party. You may be held legally responsible for any unlawful copying or transferring of any material on the CD-ROM.

Limited Warranty and Limitation of Liability
For a period of 60 days from the date the CD-ROM is acquired by you, OUP warrants that the media upon which the Publication and Software resides will be free of defects that prevent you from loading the CD-ROM on your computer. OUP's sole obligation under this warranty is to replace any defective media, provided that you have given OUP notice of the defect within such 60-day period. The Software is licensed to you on an "AS IS" basis without any warranty of any nature. OUP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUP SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE CD-ROM (INCLUDING DATA LOSS OR CORRUPTION), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, OUP'S MAXIMUM LIABILTY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE. THE REMEDIES AVAILABLE TO YOU AGAINST OUP UNDER THIS AGREEMENT ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

General Terms
This agreement shall be interpreted in accordance with the laws of the State of New York.

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