Yes - the EULA is displayed when you install the program. It is also available in the QuickStart Guide (which ships with the CD-ROM) and the program manual (available from "Options and Manual" in the main menu of ReadingSounds 1 Pro or by clicking the 'ReadingSounds 1 Pro Manual' icon on your desktop once the program is installed). Here is a copy of our EULA for your information:
END USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (an individual) and LearningScience® Pty Ltd (ABN 98 120 961 971) (“LearningScience”) regarding your use of ReadingDoctor® ReadingSounds™ 1 or ReadingSounds™ 1 (Professional) that accompanies this EULA, which includes computer software and may include associated media, printed materials, online or electronic documentation ("Software"). An amendment or addendum to this EULA may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY CLICKING THE “I ACCEPT” BUTTON AT THE END OF THIS EULA (if applicable), INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, CLICK THE “I DO NOT ACCEPT” BUTTON (if applicable), DO NOT INSTALL, COPY, OR USE THE SOFTWARE; IF PURCHASED, YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
1. GRANT OF LICENSE. LearningScience® grants you the following rights provided that you comply with all terms and conditions of this EULA.
2. Upon activation of the Software, you are granted a perpetual, non-exclusive, non-transferable, limited license to install, use, access, display and run one copy of the Software on a single computer. The “Professional” version may be used for commercial purposes. All other versions are restricted to personal non-commercial use only. Once activated, the Software may not be used by more than one processor at any one time for each license purchased.
3. FEE. In consideration of the grant of the License, you must have paid LearningScience® the fee specified. Payment of the license fee shall be made upon activation of the Software. Payment of any other amount owed by you to LearningScience® pursuant to this EULA shall be paid within thirty (30) days following invoice from LearningScience®. In the event any overdue amount owed by you is not paid within ten (10) days of its due date, then in addition to any other amount due, LearningScience® may impose and you shall pay a late payment charge at the rate of one percent (1%) per month on any overdue amount.
4. RESERVATION OF RIGHTS AND OWNERSHIP. LEARNINGSCIENCE® RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS EULA. THE SOFTWARE IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. LEARNINGSCIENCE OWNS THE TITLE, COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD. YOU MAY NOT REMOVE OR CONCEAL ANY PROPRIETARY NOTICES, LABELS OR MARKS FROM THE SOFTWARE.
5. RESTRICTIONS ON USE. Subject to this EULA, you may not reverse engineer, decompile, decode, decrypt, disassemble, copy, rent, lease, lend, sublicense, time-share, distribute, sell, assign, create derivative works of or otherwise transfer this License or the Software. You may not distribute any of the images or materials comprised in the Software, including but not limited to the included flashcards.
6. COMMERCIAL USE. You may only use the Software commercially to deliver services to third parties under your supervision if you are an appropriately qualified professional who has purchased the ReadingSounds™ 1 (Professional) version.
7. DISTRIBUTION. You may only distribute the Software by digital distribution of the entire Software setup file. The distribution must be of the entire setup file and it must not be decompiled, disassembled, added to, altered or otherwise changed in any way.
8. PERMITTED SOFTWARE TRANSFER. You may move the activated Software to a different computer. After the transfer, you must completely remove the activated Software from the former computer.
9. UPGRADES. No upgrades are guaranteed. If an upgrade is provided, to use the Software identified as an upgrade, you must first be licensed for the Software identified by LearningScience® as eligible for the upgrade. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility.
10. LIMITED WARRANTY. FOR A PERIOD OF 30 DAYS FROM THE DATE OF PURCHASE, ANY CD-ROM OR OTHER MEDIA PROVIDED ("MEDIA") THAT CONTAINS THE SOFTWARE IS WARRANTED TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. IF THE MEDIA IS DEFECTIVE OR FAULTY IN WORKMANSHIP, YOU MAY RETURN THE MEDIA TO LEARNINGSCIENCE® WITH A WRITTEN DESCRIPTION OF THE DEFECT, AND LEARNINGSCIENCE® WILL REPLACE THE MEDIA WITHOUT CHARGE. REPLACEMENT OF THE MEDIA IS YOUR SOLE AND EXCLUSIVE REMEDY AND LEARNINGSCIENCE'S SOLE LIABILITY.
11. DISCLAIMER OF FURTHER WARRANTY. THE SOFTWARE IS PROVIDED AS IS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LEARNINGSCIENCE® AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THAT YOU MAY OBTAIN BY USING THE SOFTWARE. LEARNINGSCIENCE® AND ITS SUPPLIERS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
12. EXCLUSION OF CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES. TO THE EXTENT PERMISSIBLE BY LAW, NEITHER LEARNINGSCIENCE® NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF LEARNINGSCIENCE® AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. LIMITATION OF LIABILITY. IN NO EVENT WILL LEARNINGSCIENCE'S LIABILITY FOR ANY DAMAGES EVER EXCEED THE ACTUAL PRICE PAID FOR THE SOFTWARE.
14. TERMINATION OF LIABILITY. TO THE EXTENT THAT LEARNINGSCIENCE®, NOTWITHSTANDING THE ABOVE DISCLAIMERS, REMAINS LEGALLY LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THREE MONTHS FROM THE DATE OF ACTIVATION OF THE SOFTWARE.
15. INDEMNITY. YOU RELEASE AND INDEMNIFY AND WILL CONTINUE TO RELEASE AND INDEMNIFY LEARNINGSCIENCE®, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS FROM AND AGAINST ALL ACTIONS, CLAIMS, PROCEEDINGS OR DEMANDS (INCLUDING THOSE BROUGHT BY THIRD PARTIES) WHICH MAY BE BROUGHT AGAINST IT OR THEM, WHETHER AT COMMON LAW, IN EQUITY OR PURSUANT TO STATUTE OR OTHERWISE, IN RESPECT OF ANY LOSS, DEATH, INJURY, ILLNESS OR DAMAGE (WHETHER PERSONAL OR PROPERTY, AND WHETHER DIRECT OR CONSEQUENTIAL, INCLUDING CONSEQUENTIAL FINANCIAL LOSS), HOWSOEVER ARISING OUT OF YOUR USE OF THE SOFTWARE AND FROM AND AGAINST ALL DAMAGES, COSTS AND EXPENSES INCURRED IN DEFENDING OR SETTLING ANY SUCH CLAIM, PROCEEDING OR DEMAND.
16. TERM OF AGREEMENT. The term of this EULA begins upon installation of the Software. This License will terminate automatically if you violate any provision of this EULA. On termination, you must destroy all copies of the Software in electronic or other form, including any backup copies. Upon termination of this License, you shall have no right to refund of the whole or part of any License fee paid.
17. GENERAL. This EULA and any dispute under it will be governed by the laws of South Australia, Australia, without regard to their conflict of laws principles. Both parties consent to the exclusive jurisdiction and venue of the federal and state courts in the county of Australia.
18. This EULA constitutes the entire agreement between you and LEARNINGSCIENCE® with respect to its subject matter, and supersedes other communication, advertisement, or understanding with respect to the Software. This EULA may not be amended or modified except in writing executed by LearningScience®. If any provision of this EULA is held invalid or unenforceable, the remainder shall continue in full force and effect. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and LearningScience’s ownership of the Software survive termination.
ACKNOWLEDGMENT. BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.