Lertap.com
Software License Agreement

Last Revised: 21 June 2014
 
Acceptance. By clicking on the button labelled “I accept the terms in the license agreement”, or on the button labelled “I accept the agreement”, you acknowledge that you have read this license, understand it, and agree to be bound by its terms and conditions.

License. Your payment for this computer software provides you with a non-exclusive right for one simultaneous use of the program(s). To run the program(s) on more than one computer at the same time, you must obtain a separate license for each additional use. You may not distribute copies of the programs or documentation to others.  You may not use, copy, modify, or transfer the programs except as expressly provided in this agreement. 

Termination.  This license is effective until terminated.  This license will automatically terminate if you fail to comply with any term or condition of this agreement.  Upon notification of termination, you agree to destroy all copies of the programs and documentation.

Limited Warranty.  If a program fails to function as documented in its user's manual within one year of purchase, or at any later time if the software version you own is still the current version distributed by Lertap.com (Western Australia), by Professional Testing Incorporated (Florida, United States of America), or by Assessment Systems Corporation (Minnesota, United States of America), Lertap.com will, upon receiving a written request and description of the problem from you, use its best efforts to correct the failure.  If Lertap.com cannot correct the failure within a reasonable amount of time, it may elect to terminate this agreement and refund the price of the license.

LERTAP.COM MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  REPLACEMENT OF MATERIALS OR REFUND OF ALL OR A PORTION OF THE PURCHASE PRICE CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY, IN LIEU OF ALL REMEDIES AND DAMAGES, ACTUAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER, IN CONNECTION WITH THE SOFTWARE OR ANY USE OR MISUSE THEREOF.  LERTAP.COM WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR YOUR EXPENSES IN USING A SOFTWARE PRODUCT, FOR DELAYS, OR FOR COSTS OF SUBSTITUTE MATERIALS, OR FOR POSSIBLE LOST INCOME, GRANTS, PROFITS, OR ANY OTHER SPECIAL OR CONSEQUENTIAL DAMAGES.

Neither Lertap.com nor anyone else who has been involved in the creation, production, distribution, or delivery of Lertap.com software products shall be liable for any direct, indirect, consequential, or incidental damages arising out of the use, the results of use, or inability to use such products even if Lertap.com has been advised of the possibility of such damages or claims.  If your state, province, or territory does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations might not apply to you.

Governing Law. If this software was purchased or downloaded in Australia, then this EULA is governed by the laws in force in Western Australia. If this software was purchased or downloaded in the United States of America, then this EULA is governed by the laws of the United States of America and the State of Ohio, without reference to conflict of laws principles. If this software was purchased or downloaded in any other country, then local law may apply. If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon Lertap.com unless made in writing and duly executed by the purchaser and an authorized representative of Lertap.com.