MathLAB to Promote Computational Learning

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1. The uCertify Product includes uCertify software platform/application and related documentation (the "Software") and certain uCertify or partner publisher content (the "Licensed Content"). It may also contain and links to other references available via the Internet, which if accessed by you, will be deemed to be part of the Licensed Content. Collectively, the Software and the Licensed Content are referred to as the “uCertify Product”.
2. Subject to the following terms and conditions, uCertify grants to you a nonexclusive, nontransferable limited license to access and use the uCertify Product.
3. You may not transfer the Software or your account to another entity or person. You may not modify, translate, reverse assemble or reverse engineer in whole or in part the Software. You shall not rent, sell, time-share, lease, sublicense, transfer, copy, disclose, display or otherwise make available, or transfer the rights to, the Software or copies thereof to others, except as provided herein. You shall not tamper with, bypass or alter any security, time out or deactivation features of the Software. Any breach of the above terms and conditions shall immediately terminate your license under this Agreement.
4. Other than as enabled by the Software, you may not:
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   2. Erase, delete or modify any uCertify proprietary notices included on the uCertify Product; or
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6. This license is not a sale. Title, ownership rights, and intellectual property rights in and to the uCertify Product shall remain in uCertify or its licensors. You agree to abide by the copyright laws and all other applicable laws of the United States. You may not remove or alter any trademark, logo, copyright notice or other proprietary notice, legend or symbol included in the Licensed Content. You acknowledge that the Software in source code form remains a confidential trade secret of uCertify. Failure to comply with the above restrictions will result in automatic termination of this Agreement and will make available to uCertify and its licensors other legal remedies. You may not disclose any of uCertify’s proprietary or trade secret information relating to the uCertify Product to any third party. You agree to secure and protect the uCertify Product in a manner consistent with the maintenance of uCertify's and its licensors’ rights therein.
7. This Agreement and the rights and licenses granted hereunder have a term that commences when you first use the uCertify Product on a computer. The license granted under Section 2 with respect to the uCertify Product is time limited. This license does not grant any rights with respect to any content you may place on the uCertify Product, which rights are governed by agreements with the content copyright holders. This license also entitles you to any and all publicly released bug fixes or enhancements to the uCertify product for a period of 90 days after the commencement of the term. Bug fixes and enhancements may be provided after that time subject to a cost schedule, or other agreements between uCertify and you or the academic institution or other entity through which you are licensing the uCertify product. YOU ACKNOWLEDGE AND AGREE THAT THIS UCERTIFY PRODUCT MAY BE PROGRAMMED TO BECOME INOPERABLE AND SOFTWARE MAY BECOME INACCESSIBLE AT A PREDETERMINED POINT IN TIME BASED UPON THE AGREEMENT OR AGREEMENTS BETWEEN UCERTIFY AND YOU OR THE ACADEMIC INSTITUTION OR OTHER ENTITY THROUGH WHICH YOU ARE LICENSING THE UCERTIFY PRODUCT.
8. uCertify warrants that the uCertify software is free from defects for a period of seven (7) days after purchase (the "Warranty Period"). Your exclusive remedy for breach of this limited warranty and uCertify’s entire liability shall be, in uCertify’s discretion, to either return the price paid by you for the uCertify Product or fix or replace the uCertify Product. uCertify shall have no responsibility to you under this Section 8 with respect to:
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9. Neither uCertify nor any of its licensors makes any warranty, expressed or implied, with respect to the accuracy or completeness of the Licensed Content and any warranty as to the capability of the Software and all liability with respect thereto is expressly disclaimed. THE UCERTIFY PRODUCT IS FURNISHED TO YOU ON AN "AS IS" AS-AVAILABLE BASIS. ALL WARRANTIES OF ANY TYPE NOT EXPRESSLY STATED IN THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED BY UCERTIFY AND ITS LICENSORS. NO PRESENTATION OR DEMONSTRATION SHALL CONSTITUTE A WARRANTY OF THE UCERTIFY PRODUCT UNLESS EXPRESSLY INCORPORATED IN THIS AGREEMENT.
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11. The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Product with only those rights set forth herein. Developer is uCertify LLC, 4000 Pimlico Drive #114-294, Pleasanton, CA 94588.
12. 1. All the sections of this Agreement will survive except for Section 2 and
    2. You agree not to access/use uCertify Product and return to uCertify any hard copies of the uCertify Product or any components thereof.
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15. This Agreement is subject to the terms and conditions of all agreement(s) relating to the uCertify Product between uCertify and the academic institution or other entity through which you received the uCertify Product. In case of any conflict between this Agreement and such agreement(s), the terms most favorable to you shall apply. Subject to the foregoing, this Agreement sets forth the entire agreement between you and uCertify (including its licensors’) pertaining to the licensing of the uCertify Product and supersedes any and all written or oral agreements previously existing between the parties with respect to such subject matter. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. In the event of any conflict between any provision of this Agreement and any applicable law, the provision or provisions of this Agreement affected shall be modified to remove such conflict and permit compliance with such law and as so modified this Agreement shall continue in full force and effect. This Agreement may not be transferred or assigned in any manner, including assignment by operation of law or change of control, without the consent of uCertify. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

Should you have any questions concerning this Agreement, write to us at support@ucertify.com
uCertify LLC, 4000 Pimlico Dr. #114-294, Pleasanton, CA 94588, USA.