Crisol Mind Test Player 2012V

EULA - End User License Agreement

Freeware License Agreement
This license agreement only applies to the free version of CRISOL MIND Test Player
Terms and Conditions
BY DOWNLOADING, INSTALLING, USING, TRANSMITTING, DISTRIBUTING OR COPYING THE SOFTWARE CRISOL MIND TEST PLAYER ("THE SOFTWARE"), YOU AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE SOFTWARE LICENSE AND DISCLAIMER OF WARRANTY) WITH CRISOL MIND THE OWNER OF ALL RIGHTS IN RESPECT OF THE SOFTWARE.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE.
IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE THEN DO NOT DOWNLOAD, INSTALL, USE, TRANSMIT, DISTRIBUTE OR COPY THE SOFTWARE.
THIS DOCUMENT CONSTITUTES A LICENSE TO USE THE SOFTWARE ON THE TERMS AND CONDITIONS APPEARING BELOW.
The Software is licensed to you without charge for use only upon the terms of this license, and CRISOL MIND reserves all rights not expressly granted to you. CRISOL MIND retains ownership of all copies of the Software.
1. License
This license agreement applies to CRISOL MIND Test Player that may be downloaded from www.CRISOL MIND.com or any other authorized site.
The Software is provided to you free of charge. Should you accept the terms of this agreement, CRISOL MIND Software will grant you the personal and non-exclusive right to install and use the software.
You may distribute exact copies of the Software to anyone.
2. Restrictions
CRISOL MIND reserves the right to revoke the above distribution right at any time, for any or no reason.
YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, SELL, REQUEST DONATIONS OR CREATE DERIVATE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
The Software contains trade secrets and to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a humanly perceivable form. You agree not to divulge, directly or indirectly, until such trade secrets cease to be confidential, for any reason not your own fault.
3. Termination
This license is effective until terminated. The License will terminate automatically without notice from CRISOL MIND if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof. You may terminate this License at any time by destroying the Software and all copies thereof. Upon termination of this license for any reason you shall continue to be bound by the provisions of Section 2 above. Termination will be without prejudice to any rights CRISOL MIND may have as a result of this agreement.

4. Reservation of Rights

No rights are granted to you except as expressly set forth herein. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. No Warranty
THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

CRISOL MIND DOES NOT PROVIDE AND EXPLICIT OR IMPLIED GUARANTEE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR YOUR OBJECTIVE AND NEEDS. CRISOL MIND DOES NOT GUARANTEE THE SHARED OPERATION OF THIS SOFTWARE AND THIRD PARTY SOFTWARE AND HARDWARE, ESPECIALLY THE SOFTWARE AND HARDWARE RELEASED LATER THAN THIS SOFTWARE.

NEITHER CRISOL MIND OR ITS OFFICIAL DEALERS SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES, INCLUDING LOSS OF PROFIT, LOSS OF COMMERCIAL AND/OR CONFIDENTIAL INFORMATION RESULTING FROM THE USE OR THE IMPOSSIBILITY OF USE OF THIS SOFTWARE, INCLUDING POSSIBLE ERRORS AND/OR MISPRINTS IN THE SOFTWARE SET.

YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

6.- Copyright notice
The Software is Copyright () 2010 by CRISOL MIND S. A. de C. V. The Software is protected by the English copyright law, Mexican copyright law and international copyright treaty provisions.
7.- Trademarks

CRISOL MIND Web Pro 2010, CRISOL MIND Exam Writer and CRISOL MIND Test Player are trademarks or registered trademarks of CRISOL MIND or its subsidiaries in Mexico and other countries. All other trademarks mentioned in the software and associated manuals and files are trademarks or registered trademarks of their respective owners. Use of any CRISOL MIND trademark is subject to CRISOL MINDs express written approval.

8.- DISCLAIMER FOR FTP PUBLICATION SERVICES TO SEND AND RECEIVE EXAMS, TESTS AND QUIZZES WITH THE CRISOL MIND TEST PLAYER SOFTWARE
CRISOL MIND maintains FTP publication SERVICES TO SEND AND RECEIVE EXAMS, TESTS AND QUIZZES with the CRISOL MIND TEST PLAYER software as a service free of charge. By using any services Provided herein, you are agreeing to comply with and be bound by the Terms, conditions and notices relating to its use.
8a. As a condition of your use of this FTP and the SERVICES contained therein, you represent and warrant to CRISOL MIND that you will not use this services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
8b. You agree to use such Services only TO SEND AND RECEIVE EXAMS, TESTS AND QUIZZES with the CRISOL MIND TEST PLAYER software. You agree that using these FTP SERVICES you will not:
i) Publish post, upload, distribute or disseminate any inappropriate, Profane, derogatory, defamatory, infringing, improper, obscene, Indecent or unlawful topic, name, material or information.
ii) Upload files that contain software or other material protected by Intellectual property laws or by rights of privacy of publicity.
iii) Upload files that contain viruses, corrupted files, or any other Similar software or programs that may damage the operation of another's Computer.
iv) Advertise any goods or services for any commercial purpose.
v) Offer to sell any goods or services for any commercial purpose.
vi) Conduct or forward chain letters or pyramid schemes.
vii) Defame abuse, harass, stalk, threaten or otherwise violate the legal Rights (such as rights of privacy and publicity) of others.
viii) Falsify or delete any author attributions, legal or other proper Notices, proprietary designations, labels of the origin, source of Software or other material contained in a file that is uploaded.
8c. CRISOL MIND has no obligation to monitor the FTP SERVICES . However, CRISOL MIND Reserves the right at all times to disclose any information deemed by CRISOL MIND necessary to satisfy any applicable law, Regulation, legal process or governmental request, or to edit, refuse To post or to remove any information or materials, in whole or in part.
8d. You acknowledge that CRISOL MIND does not control Or endorse the content, and, specifically disclaims Any liability with regard to same and any actions resulting from your FTP SERVICES USE.
8e.- CRISOL MIND may make improvements and/or changes in this FTP SERVICES At any time.
8f. CRISOL MIND makes no representations about the suitability, Reliability, timeliness, and accuracy of the FTP SERVICES for any purpose. All such Services are provided "as is" without Warranty of any kind.
8g. CRISOL MIND hereby disclaims all warranties and conditions With regard to the FTP SERVICES used in the CRISOL MIND Test Player Software, including all implied warranties and CONDITIONS OF Merchantability, fitness for a particular purpose, title and Non-infringement.
8h. In no event shall CRISOL MIND be liable for any direct, Indirect, punitive, incidental, special, consequential damages or any Damages whatsoever including, without limitation, damages for loss of Use, data or profits, arising out of or in any way connected With the use or performance of these FTP SERVICES, With the delay or inability to use this services, With the provision of or failure to provide services, or For any information, software, products, services and related graphics Obtained through CRISOL MIND , even if CRISOL MIND has been advised of the Possibility of damages.
8i. Due to the fact that certain jurisdictions do not permit or recognize exclusion or limitation of liability for consequential or Incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of these FTP SERVICES, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the FTP SERVICES.
8j. CRISOL MIND reserves the right in its sole discretion to deny any user access to FTP SERVICES, any interactive service herein, Or any portion of this FTP, and the right to change the terms, conditions, and notices under which this FTP service is Offered.
8k.- CRISOL MIND reserves the option to offer paid FTP publication SERVICE options in order to maintain service uptime and quality for its customers if due to high demand the FTP SERVICES are severely degraded in performance due to web traffic or saturation.

8l.- This agreement constitutes the entire agreement between the user And CRISOL MIND with respect to FTP SERVICES and it Supersedes all prior or contemporaneous communications and proposals, Whether electronic, oral or written with respect to this FTP SERVICES.

9. Governing Law

All rights of any kind in the Software which are not expressly granted in this Agreement are entirely and exclusively reserved to and by CRISOL MIND.
This Agreement shall be governed by the laws of the State of Nuevo Len, Mxico. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in the State of Nuevo Len, Mxico, and you consent to such jurisdiction and venue. This agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and/or understandings (oral or written). Failure or delay by CRISOL MIND in enforcing any right or provision hereof shall not be deemed a waiver of such provision or right with respect to the instant or any subsequent breach. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in force and effect.
10.- Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US THAT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.