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SuperMemo Multiple User License Agreement

Licensor: SuperMemo World
Licensee
Address: 
Contact Name at License Site: 
Contact Title at License Site:
Contact E-mail Address at License Site:
Contact Phone No. at License Location:
Number of User Licenses Purchased: 
Total License Price:
SuperMemo Software Version (Software): 

The following terms and conditions shall constitute the agreement between Licensor and Licensee (Parties):

  1. License: In consideration of the payment of the Total License Price, SuperMemo World grants to Licensee, and Licensee accepts, a non-exclusive, non-transferable right and license to: 
    1. Copy the Software onto the hard drive of one or more network servers
    2. Copy the Software onto the hard drive of individual workstations;
    3. Use the Software for Licensee�s internal purposes only; provided that the total number of users having access to the network servers combined with the total number of workstations on which the Software has been installed does not exceed the total number of licenses purchased as indicated above
  2. Term and Termination: The term of the license shall commence upon delivery of the Software to Licensee. The license shall be deemed to be terminated: 
    1. when Licensee destroys the Software, or 
    2. for cause if Licensee fails to comply with the terms of this license. In the event of termination for cause, and in addition to any other rights available at law or equity to SuperMemo World, Licensee shall immediately return the Software to SuperMemo World and cease use thereof
  3. Maintenance/Support: Licensee shall not be entitled to receive maintenance/support unless separately agreed to by the Parties
  4. Warranty: SuperMemo World warrants that, for a period of 90 days from the date of this Agreement, the Software will perform substantially in accordance with the documentation supplied with the Software. SuperMemo World does not warrant that the Software is free from all errors, that such errors will be corrected, or that operation of the Software will be uninterrupted or error free. If the Software does not comply with this limited warranty, SuperMemo World�s sole obligation, and Licensee�s sole remedy, shall be to refund the Total License Price paid by Licensee. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
  5. Limitation of Liability: SuperMemo World shall not be liable to Licensee for direct, indirect, incidental, special, or consequential damages (including lost or anticipated profits) based upon breach of warranty, breach of contract negligence, strict liability or any other theory in law or equity. SuperMemo World�s aggregate liability to Licensee for any cause whatsoever arising out of, resulting from, or in any way related to, the performance or breach of this Agreement, or the use of the Software will in no event exceed the Total License Price actually paid hereunder
  6. Controlling Laws/Export Controls: This Agreement shall be governed by and construed in accordance with the laws of the European Union. Licensee agrees that it will not ship, transfer, export or re-export the Software into any other country or permit its use in any manner prohibited by the export control laws and regulations of the EU or any other export laws, restrictions or regulations. Licensee further agrees that this obligation will survive and continue after any termination or expiration of rights under this agreement
  7. Audit: SuperMemo World may, at reasonable times, conduct audits at Licensee's facilities to determine Licensee's compliance with this Agreement, and Licensee agrees to cooperate therewith
  8. Miscellaneous: Licensee shall not assign this Agreement or sublicense the Software without SuperMemo World�s prior written consent. No waiver or modification of the terms hereof will be valid unless in writing signed by the party to be bound. This Agreement and any signed Attachments hereto constitutes the entire understanding of the parties with respect to the subject matter hereof. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portions thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall remain in full force and effect
  9. Software Media: SuperMemo World will supply Licensee with a single (1) copy of the Software for installation on Licensee�s server(s) in order to provide licensed distribution from server(s) to the licensed number of users at Licensee�s site
  10. Replication: replication of Software is limited to the number of licenses purchased by Licensee. There are no limitations on the replication of the documentation
  11. Total License Price: SuperMemo World will invoice Licensee for the Total License Price listed below which corresponds to the number of licenses which Licensee wishes to purchase as shown on the front side of this Agreement
  12. Terms: Net 30 days from SuperMemo World�s invoice date

Number of Licenses vs. Total License Price

2-5 Users: $60
6-10 Users: $90
11-20 Users: $120
21-50 Users: $200
51-100 Users: $300
101-500 Users: $400
above 500 Users: negotiable

Signatures:

  SuperMemo World Licensee
Name    
Title    
Date