Title: “Click Through” End-User License Agreement
Author: suzanne_telsey
Last saved by: Thomas Yeh
Company: The McGraw-Hill Companies

IMPORTANT NOTICE

Copyright  2007 by The McGraw-Hill Companies, Inc.  All rights reserved.

Use of this product (the “Product”) is subject to the terms below (“License Agreement”) and any others that may be set forth in the Help or About menu of this Product.  

LICENSE AGREEMENT

LICENSE:  Throughout this License Agreement, "you" shall mean either the individual or the entity whose agent opens this package.  You are granted a non-exclusive and non-transferable license to use the Product only on a single computer (i.e., a single CPU) for your personal educational purposes only, subject to the restrictions herein.  

COPYRIGHT; RESTRICTIONS ON USE AND TRANSFER:  All rights (including copyright) in and to the Product are owned by McGraw-Hill and its licensors.  You may not copy, decompile, disassemble, reverse engineer, modify, reproduce, create derivative works of, transmit, distribute, sublicense, store in a database or retrieval system of any kind, rent or transfer the Product, or any portion thereof, in any form or by any means (including electronically  or otherwise), and may not use the Product except as expressly permitted herein.  You must reproduce the copyright notices, trademark notices, legends and logos of McGraw-Hill and its licensors that appear on the Product on the back-up copy of the Product which you are permitted to make hereunder.  All rights in the Product not expressly granted herein are reserved by McGraw-Hill and its licensors.

TERM:  This License Agreement is effective until terminated.  It will terminate if you fail to comply with any term or condition of this License Agreement.  Upon termination, you are obligated to return to McGraw-Hill the Product together with all copies thereof and to purge all copies of the Product included in any and all computer facilities. 

DISCLAIMER OF WARRANTY:  THE PRODUCT OF THE PRODUCT ARE LICENSED "AS IS." McGRAW-HILL, ITS LICENSORS AND THE AUTHORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY ANY PERSON OR ENTITY FROM USE OF THE PRODUCT AND/OR ANY INFORMATION OR DATA INCLUDED THEREIN.  McGRAW-HILL, ITS LICENSORS AND THE AUTHORS MAKE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE PRODUCT OR AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS OR RESULTS TO BE OBTAINED FROM THE PRODUCT.  NEITHER McGRAW-HILL NOR ANY OF ITS LICENSORS OR AUTHORS WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE.  NEITHER MCGRAW-HILL NOR ANY OF ITS LICENSORS OR AUTHORS SHALL BE LIABLE TO YOU OR TO ANY USER OF THE PRODUCT OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE PRODUCT OR ITS CONTENTS, OR FOR ANY DAMAGES RESULTING THEREFROM.  YOU ASSUME THE ENTIRE RISK WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE PRODUCT.  McGraw-Hill, its licensors and authors make no guarantee that you will pass any certification exam by using this Product. 

LIMITATION OF LIABILITY:  NEITHER McGRAW-HILL, ITS LICENSORS NOR THE AUTHORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO, LOSS OF ANTICIPATED  PROFITS OR BENEFITS, RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCT EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY CLAIM OR CAUSE WHATSOEVER WHETHER SUCH CLAIM OR CAUSE ARISES IN CONTRACT, TORT, OR OTHERWISE.  Some states do not allow the exclusion or limitation of indirect, special or consequential damages, so the above limitation may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS:  Any software included in the Product is provided with restricted rights subject to subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 C.F.R. 52.227-19. The terms of this Agreement applicable to the use of the data in the Product are those under which the data are generally made available to the general public by McGraw-Hill.  Except as provided herein, no reproduction, use, or disclosure rights are granted with respect to the data included in the Product and no right to modify or create derivative works from any such data is hereby granted. 

GENERAL:  This License Agreement constitutes the entire agreement between the parties relating to the Product.  The terms of any Purchase Order shall have no effect on the terms of this License Agreement.  Failure of McGraw-Hill to insist at any time on strict compliance with this License Agreement shall not constitute a waiver of any rights under this License Agreement.  This License Agreement shall be construed and governed in accordance with the laws of the State of New York.  If any provision of this License Agreement is held to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.