licensing agreement





Untitled Document




BiologyNow for Solomon/Berg/Martin, Biology 7th Edition
ISBN: 053449546X
I. COPYRIGHT INFORMATION

COPYRIGHT (c) 2005 Brooks/Cole Publishing, a division of Thomson Learning, Inc.

Thomson Learning is a trademark used herein under license.

ALL RIGHTS RESERVED. No part of this work covered by the copyright hereon may

be reproduced or used in any form or by any means graphic, electronic, or
mechanical, including, but not limited to, photocopying, recording, taping,
Web
distribution, information networks, or information storage and retrieval
systems without the written permission of the publisher.
For permission to use material from this supplement,
contact us by:
Phone: 1-800-730-2214
Fax: 1-800-731-2215
Web: www.thomsonrights.com
ISBN: 053449546X

For more information about our products, contact us at:
Thomson Learning Academic Resource Center
1-800-423-0563

II. LICENSE AGREEMENT FOR BROOKS/COLE CD-ROM MATERIALS.
You, the customer, and Brooks/Cole incur certain benefits, rights, and obligations
to each
other when you open this package and use the materials it contains.
BE SURE TO READ THE LICENSE AGREEMENT CAREFULLY, SINCE BY
USING THE CD-ROM YOU INDICATE YOU HAVE READ, UNDERSTOOD, AND
ACCEPTED THE TERMS OF THIS AGREEMENT.
Your rights:
1. You enjoy a non-exclusive license to use the enclosed materials on a single
computer
that is not part of a network or multi-machine system in consideration of the
payment of
the required license fee (which may be included in the purchase price of an

accompanying print component), and your acceptance of the terms and conditions
of this
agreement.
2. You own the CD-ROM disc on which the program/data is recorded, but you
acknowledge that you do not own the program/data recorded on the CD-ROM. You
also
acknowledge that the program/data is furnished "AS IS," and contains
copyrighted and/or
proprietary and confidential information of Brooks/Cole and its licensors.
3. If you do not accept the terms of this license agreement you must not install
the CD-
ROM and you must return the CD-ROM within 30 days of receipt with proof of payment

to Brooks/Cole for full credit or refund.
There are limitations on your rights:
1. You may not copy or print the program/data for any reason whatsoever, except
to
install it on a hard drive on a single computer, unless copying or printing
is expressly
permitted in writing or statements recorded on the CD-ROM.
2. You may not revise, translate, convert, disassemble, or otherwise reverse
engineer the
program/data.
3. You may not sell, license, rent, loan, or otherwise distribute or network
the
program/data.
4. You may not export or re-export the CD-ROM, or any component thereof, without
the
appropriate U.S. or foreign government licenses. Should you fail to abide by
the terms of
this license or otherwise violate Brooks/Cole's rights, your license to use
it will become
invalid. You agree to destroy the CD-ROM immediately after receiving notice
of
Brooks/Cole's termination of this agreement for violation of its provisions.
U.S. Government Restricted Rights
The enclosed multimedia, software, and associated documentation are provided
with
RESTRICTEDRIGHTS. Use, duplication, or disclosure by the Government is subject
to
restrictions as set forth in subdivision(c)(1)(ii) of the Rights in Technical
Data and
Computer Software clause at DFARS 252.277.7013 for DoD contracts, paragraphs
(c) (1)
and(2) of the Commercial Computer Software-Restricted Rights clause in the FAR
(48
CFR 52.227-19) for civilian agencies, or in other comparable agency clauses.
The
proprietor of the enclosed multimedia, software, and associated documentation
is
Brooks/Cole, 10 Davis Drive, Belmont, California 94002.
Limited Warranty
Brooks/Cole also warrants that the optical media on which the Product is distributed
is
free from defects in materials and workmanship under normal use. Brooks/Cole
will
replace defective media at no charge, provided you return the Product to Brooks/Cole

within 90 days of delivery to you as evidenced by a copy of your invoice. If
failure of
disc(s) has resulted from accident, abuse, or misapplication, Brooks/Cole shall
have no
responsibility to replace the disc(s).
THESE ARE YOUR SOLE REMEDIES FOR ANY BREACH OF WARRANTY.
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, Brooks/Cole AND THE THIRD
PARTY SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EITHER
EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING ITS
QUALITY, PERFORMANCE, MERCHANT ABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. The product is not a substitute for human judgment. Because

the software is inherently complex and may not be completely free of errors,
you are
advised to validate your work. IN NO EVENT WILL Brooks/Cole OR ANY THIRD
PARTY SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PRODUCT OR DOCUMENTATION, even if advised of the
possibility of such damages. Specifically, Brooks/Cole is not responsible for
any costs
including, but not limited to, those incurred as a result of lost profits or
revenue, loss of
use of the computer program, loss of data, the costs of recovering such programs
or
data, the cost of any substitute program, claims by third parties, or for other
similar costs.
In no case shall Brooks/Cole's liability exceed the amount of the license fee
paid. THE
WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. Some states
do not allow the exclusion or limitation of implied warranties or limitation
of liability for
incidental or consequential damage, so that the above limitations or exclusion
may not
apply to you. This license is the entire agreement between you and Brooks/Cole
and it
shall be interpreted and enforced under California law. Should you have any
questions
concerning this License Agreement, write to 10 Davis Drive, Belmont, California
94002.
WARNING: AUTHORIZED FOR EDUCATIONAL USE ONLY. ANY
UNAUTHORIZED COPYING, HIRING,
LENDING, DISTRIBUTION, EXPORTING, IMPORTING, DISSEMINATION,
EXHIBITION OR PUBLIC
PERFORMANCE OF THIS PROGRAMMING IS PROHIBITED BY LAW.
VIOLATORS WILL BE SUBJECT
TO INVESTIGATION BY THE FBI, INTERPOL, AND OTHER POLICE AGENCIES
AND TO CRIMINAL
PROSECUTION, CIVIL PENALTIES, OR BOTH.

============================================
For Help and More Information
============================================
For technical support:
Tel: 1-800-423-0563
Fax: 1-859-647-5045
Internet: tl.support@thomson.com
For more information about Brooks/Cole Life Sciences titles, check our web
site at
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