EULA - END USER LICENSE AGREEMENT



The Software Product(s) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Products are licensed, not sold.



1. GRANT OF LICENSE.



FOR SOFTWARE PRODUCT DESCRIBED AS QUIZMASTER MANAGER: Subject to the terms and conditions hereof, this LICENSE grants You the following limited, non-exclusive rights: You may install the Software Product on any computer of which You are the primary user. Solely with respect to electronic documents included with the Software Product, You may make copies (either in hardcopy or electronic form), provided that such copies are only for Your use in operating this Software Product and are not republished or distributed to any third party.



PERSONAL LICENSE RESTRICTIONS: QuizMaster Manager is solely for personal, private, non-commercial use. Any other use of QuizMaster Manager is strictly prohibited. Use of QuizMaster Manager is not licensed or otherwise authorized for use in any form or type of business, institution, organization or government agency.



2. RESERVATION OF RIGHTS.

Except as expressly licensed herein, RDC Tools International retains all right, title and interest in and to Software Products and any copies of the Software Products, regardless of location or the form in which the copies may exist. The Software Products design, structure, organization and source code are valuable trade secrets of RDC Tools International and portions by Data Access Corporation and are protected under U.S. and international trade secret laws.



3. COPYRIGHT.

All copyrights in and to the Software Products, in all forms, and all copies of the Software Products are owned by RDC Tools International. Portions Copyright by Data Access Corporation. The Software Products are protected by copyright laws and international treaty provisions. Therefore, You must treat the Software Products like any other copyrighted material except that You may make one copy of a licensed Software Product solely for backup or archival purposes.



4. DESCRIPTION OF OTHER SOFTWARE PRODUCT RIGHTS AND LIMITATIONS.

You may not rent, lease, sublicense, reproduce, distribute, transmit, market, sell, assign, transfer, disclose, translate, modify, disassemble, or reverse engineer the Software Products by any means or in any form, or create derivative works based on the Software Products, or any portions thereof, or obtain possession of any source code or other technical material relating to Software Products.



5. Termination.

This License Agreement terminates automatically upon Your failure to comply with its terms or conditions. Without prejudice to any other rights, RDC Tools Internationl may terminate this License Agreement immediately if You fail to comply with the terms and conditions hereof. In the event of termination, You must immediately cease all use of the Software Product, cease distribution of Application Software created the Software Products licensed herein and destroy all copies of the Software Products in Your possession.



6. EXPORT.

You will not ship, transfer or export, directly or indirectly, electronically or otherwise, the Software Products into any country prohibited by the United States Export Administration Act and any related regulations (the "Act"), nor will You use the Software Products for any purpose prohibited by the Act or by the laws of the United States or the country in which You are located.



7. U.S. GOVERNMENT RESTRICTED RIGHTS.

THE SOFTWARE PRODUCTS AND DOCUMENTATION ARE PROVIDED WITH RESTRICTED RIGHTS. USE, DUPLICATION, OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO THE RESTRICTIONS SET FORTH IN SUBPARAGRAPH (C)(1)(II) OF THE RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE CLAUSE AT DFARS 252.227-7013 OR SUBPARAGRAPHS (C)(1) AND (2) OF THE COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS AT 48 CFR 52.227-19, AS APPLICABLE AND AS MAY BE AMENDED. MANUFACTURER IS RDC TOOLS INTERNATIONAL.



8. MISCELLANEOUS

This License Agreement is the entire agreement between You and RDC Tools International and supersedes any proposal or prior agreement, offer, oral or written, hardcopy or electronic in any form, and any other communications relating to the subject matter of this License Agreement.



Should You have any questions concerning this License Agreement, or if You desire to contact RDC Tools Internationl at qmmsupport@rdctools.com.



LIMITED WARRANTY



The Software Product QuizMaster Manager is provided as-is, without warranty of any kind.



NO OTHER WARRANTIES OR CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RDC TOOLS INTERNATIONAL DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE PRODUCTS AND ANY OTHER PRODUCTS OR GOODS PROVIDED BY RDC TOOLS INTERNATIONAL. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.



NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCTS, OR ANY OTHER PRODUCTS OR GOODS PROVIDED BY RDC TOOLS INTERNATIONAL OR ANY PORTION THEREOF, EVEN IF RDC TOOLS INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.





Revised: February 5, 2009