IMPORTANT-READ CAREFULLY:
This Math Trek Holdings Software License Agreement
is a legally binding agreement between You and Math Trek Holdings PTY(LTD) SOFTWARE PRODUCTS or SOFTWARE identified above and as further defined in this agreement.
BY PAYING THE LICENSE FEE FOR THE SOFTWARE PRODUCT WITHOUT PROMPTLY REQUESTING A REFUND OF SUCH FEE OR INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, SUCH ACTS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT DESIRE TO ACCEPT THIS AGREEMENT OR AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE PRODUCT TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND OF THE LICENSE FEE.
THE SOFTWARE PRODUCT IS PROTECTED BY U.S. COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. MATH TREK HOLDINGS PTY(LTD) IS AND SHALL REMAIN THE OWNER OF ALL INTELLECTUAL PROPERTY RIGHTS IN
THE SOFTWARE. THE SOFTWARE PRODUCT IS LICENSED TO YOU ON A NON-EXCLUSIVE, NON-ASSIGNABLE, NON-TRANSFERABLE, LIMITED, PERSONAL BASIS, NOT SOLD.
DEFINITIONS
1. “Computer” means a virtual or physical computer device that accepts information in digital or similar form and manipulates it for specific result based on a sequence of instructions.
2. “Content” means any video, audio, data, music, still images, and any other output of the SOFTWARE PRODUCT or SOFTWARE and any video, audio, data, music, still images or other input into the SOFTWARE PRODUCT or SOFTWARE.
3. “Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.
4. “Permitted Number” means one (1) as to users and one (1) as to Computers unless otherwise indicated in this agreement or under any other valid license (e.g., Multi User, Site, or Enterprise License) granted by I MATH TREK PTY(LTD)
5. “SOFTWARE PRODUCT or SOFTWARE” means use of a copy of computer software identified above and associated media and a copy of the printed materials, and may include “online” or electronic documentation as well as licensed third party Content.
6 “MATH TREK HOLDINGS PTY(LTD)” means MATH TREK HOLDINGS PTY(LTD) is a Registered Trade Name with web address www.mathtrekafrica.co.za
7. “Trial Version” means a version of the SOFTWARE which may have limited features and is limited in terms of the length of time the SOFTWARE may be used and will cease operating after a predetermined amount of time (“the Trial Period”) due to an internal mechanism within the Trial Version. The SOFTWARE will notify You that the SOFTWARE is in trial mode, which may include, but would not be limited to, watermarking.
8. “You” means the person, company, or organization that has licensed the SOFTWARE PRODUCT or SOFTWARE.
1. GRANT OF LICENSE AND RESTRICTIONS.
The following section applies to all versions of the SOFTWARE PRODUCT unless the the SOFTWARE PRODUCT specifies a Multi-user, Site or Enterprise version, for example.
If You obtained the SOFTWARE and any required SOFTWARE key(s) from MATH TREK HOLDINGS PTY(LTD) or one of its authorized licensees and as long as You comply with the terms of this agreement, MATH TREK HOLDINGS PTY(LTD) grants You a non-exclusive, non-transferable, limited personal license to install and use the SOFTWARE PRODUCT or SOFTWARE in a manner consistent with its design, documentation, and Your order. You may only use the SOFTWARE according to the License ordered by You and granted by MATH TREK HOLDINGS PTY(LTD) offers several license types to meet the needs of its customers. Particular licenses are offered for the SOFTWARE PRODUCT OR SOFTWARE depending on the intended use of the SOFTWARE. Your order shall designate the specific application of the SOFTWARE which may include, a Multi-User License, Site License, Enterprise License, or Volume Discount License, for example.
Title and intellectual property rights in and to any Content, displayed by, reproduced,
recorded or accessed through the SOFTWARE PRODUCT or SOFTWARE, belongs to
the respective Content owners. Such Content may be protected by copyright or other
intellectual property laws and treaties, and may be subject to terms of use of the third
party providing or displaying such Content. This Agreement does not grant You any
rights to use such Content other than as expressly indicated in the SOFTWARE
PRODUCT. The SOFTWARE PRODUCT or SOFTWARE
may be used to reproduce or record Content so long as such use is limited to the
reproduction of non-copyrightable Content, Content which You own the intellectual
property rights in and to the same, or Content which You are authorized or legally
permitted to reproduce, record or display.
1.1 General and Cross Platform Use. Except as otherwise provided , You
may install and use one copy of the SOFTWARE on up to the Permitted Number of Your
compatible Computer(s) as long as, when required by the SOFTWARE, You present a
valid SOFTWARE key for each copy. You may install and use both
Windows and Mac versions of the SOFTWARE, provided, that You are only
licensed to use one version of the SOFTWARE on one platform in one language at a time
(not simultaneously) for Your exclusive use unless otherwise indicated under a valid
license (e.g., Multi User, Site, or Enterprise License) granted by MATH TREK HOLDINGS PTY(LTD) .
1.2 Distribution from Server. You may copy an image of the SOFTWARE onto file
server(s) within Your Internal Network for the purpose of downloading and installing the
SOFTWARE onto Computers within the same Internal Network for use as permitted by
Section 1.1.
1.3 Server Use. You may install the SOFTWARE on Computer file server(s) within
Your Internal Network only for use of the SOFTWARE initiated by an individual from a
Computer within the same Internal Network as permitted by Section 1.1. The total
number of users (not the concurrent number of users) able to use the SOFTWARE on
such Computer file servers(s) may not exceed the Permitted Number of users.
By way of example, the foregoing does not permit You to install or access (either directly
or through commands, data or instructions) the SOFTWARE: (i) from or to a Computer
not part of Your Internal Network, (ii) for enabling web hosted workgroups or services
available to the public, (iii) by an individual or entity to use, download, copy or otherwise
benefit from the functionality of the SOFTWARE unless licensed to do so by MATH TREK HOLDINGS PTY(LTD),
(iv) as a component of a system, workflow or service accessible by more than the
Permitted Number of users, or (v) for operations not initiated by an individual user (e.g.,
automated server processing).
1.4 Portable or Home Computer Use. Subject to the important restrictions set forth in
Section 1.5, the primary user of the Computer on which the SOFTWARE is installed
under Section 1.1 (“Primary User”) may install a second copy of the SOFTWARE for use
on a Windows or Mac platform for his or her exclusive use on either a portable Computer Finalized 10.1.10
or a Computer located at his or her home, provided, that the SOFTWARE on the portable
or home Computer is not used at the same time (not simultaneously) as the SOFTWARE
on the primary Computer. You may be required to contact MATH TREK HOLDINGS PTY(LTD) in order to make a
second copy.
1.5 Restrictions on Secondary Use by Multi User Licensees. If the SOFTWARE was
obtained under a MATH TREK HOLDINGS PTY(LTD) Multi User License Program by any licensee, the second
copy of the SOFTWARE made by You under Section 1.4 must be used solely for the
benefit and business of that Multi User Licensee.
1.6 Backup Copy. You may make a reasonable number of backup copies of the
SOFTWARE, provided Your backup copies are not installed or used for other than
archival purposes.
1.7 Integrity of 3rd Party Content and SOFTWARE. Your use of the SOFTWARE
PRODUCT or SOFTWARE may be impaired by digital rights management systems in
order to protect the integrity of certain third party Content and the SOFTWARE
PRODUCT or SOFTWARE. You may not remove or alter any trademark, trade names,
product names, logos, copyright notices, legends, symbols, labels, or watermarking in the
in any 3rd party Content, the SOFTWARE PRODUCT OR SOFTWARE, except to the
extent as expressly indicated in the 3rd party Content, SOFTWARE PRODUCT or
SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
2.1 Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, translate, localize or disassemble the
SOFTWARE PRODUCT.
2.2 Separation of Components. The SOFTWARE PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more than one computer.
You may not unbundle or repackage the SOFTWARE PRODUCT for distribution.
2.3 Rental. You may not rent, license, assign, transfer, time share, host, lend,
sublicense, distribute, or lease the SOFTWARE PRODUCT.
2.4 Software Transfers of Rights. You may transfer this license in connection with a
divesture, a merger, or consolidation, as long as You provide Math Trek Holdings with prior
written assigned notice, on a form that MATH TREK HOLDINGS PTY(LTD) will provide You, that includes: (i) the
order #; (ii) the quantity of licenses, if applicable, being transferred by product and
version; (iii) the name, address and contact information of the transferee; (iv) any other
information that MATH TREK HOLDINGS PTY(LTD) reasonably requests.
For all other transfers of licenses, MATH TREK HOLDINGS PTY(LTD) prior written consent is required. No license
transfer will be valid unless the transferee accepts in writing the applicable product use
rights, use restrictions, and limitations of liability. Any transfer made in violation of the
requirements or restrictions of this section will be void.
You may not transfer licenses on a short term basis or transfer temporary rights to use
products.
The SOFTWARE PRODUCT and any copies of the SOFTWARE PRODUCT or
any SOFTWARE key or key codes related to the SOFTWARE PRODUCT and MATH TREK HOLDINGS PTY(LTD)
trademarks may not be used, posted or displayed in any form or manner on
any online auction sites or any other site without the express prior
written permission of MATH TREK HOLDINGS PTY(LTD)
2.5 Term and Termination. The term of this agreement granted to You for the use
of the SOFTWARE PRODUCT is for 1 year, renewable automatically, but
without prejudice to any other rights, MATH TREK HOLDINGS PTY(LTD) may terminate this agreement
if You fail to comply with any of the terms and conditions of this agreement.
In such event, You must destroy all copies of the SOFTWARE PRODUCT and
all of its component parts.
2.6 Development License Restrictions. The following restrictions apply to You, as a
licensee, if You develop application software that utilizes the SOFTWARE PRODUCT
in a commercially distributed application.
(i) You must purchase a license of SOFTWARE PRODUCT for each copy of the
application software sold, licensed or rented;
(ii) The SOFTWARE PRODUCT must not be the sole or primary component of such
application software;
(iii) You must give proper acknowledgment of the copyright of MATH TREK HOLDINGS PTY(LTD);
(iv) You must use the SOFTWARE to create a software application that competes with
or is intended to compete with, directly or indirectly, the SOFTWARE PRODUCT;
and
(v) The application software must add significant value to the
SOFTWARE PRODUCT.
You must obtain the prior written permission from MATH TREK HOLDINGS PTY(LTD) as to all other uses of the
SOFTWARE that fall outside the scope of this agreement.
2.7 Software for Windows or Mac. The SOFTWARE PRODUCT or SOFTWARE which
is the subject matter of this agreement is for use and/or runs on a Windows and/or the Mac
operating systems only, and the SOFTWARE and SOFTWARE key associated with the
SOFTWARE will not be operable on any other systems.
2.8 . This section 2.8. and its subparagraphs apply in addition to the license granted in
Section 1 above and solely if You have received a valid Trial Version of the
SOFTWARE from MATH TREK HOLDINGS PTY(LTD).
(i) Subject to the terms and conditions of this agreement,
Math Trek Holdings grants to You a non-exclusive license to install the Trial
Version on a single computer strictly for Your internal evaluation and
review purposes and not for production purposes.
(ii) You shall not (a) in the aggregate install or use more than one copy of
the Trial Version, (b) download the Trial Version under more than one
username, if applicable, (c) alter the contents of a hard drive or
computer system to enable the use of the Trial Version for an
aggregate period in excess of the Trial Period for which You may
evaluate the Trial Version, (d) disclose the results, if any, of the
SOFTWARE performance benchmarks obtained using the Trial
Version to any third party without MATH TREK HOLDINGS PTY(LTD) prior written consent,
(e) use the Trial Version for a purpose other than the sole purpose of
determining whether to purchase a license to the SOFTWARE.
Notwithstanding the foregoing, You are strictly prohibited from
installing or using the Trial Version for any commercial training
purposes.
(iii) Your rights to install and use the Trial Version under this section 2.8.
will immediately terminate upon the earlier of (a) the expiration of the
Trial Period, or (b) such time that You purchase a license to the
SOFTWARE PRODUCT or SOFTWARE. MATH TREK HOLDINGS PTY(LTD) reserves the
right to terminate Your license to the Trial Version at any time in its
sole discretion. To the extent that any provision in this section 2.8 is in
conflict with any other term or conditions in this agreement, this section
2.8. shall supersede such other terms and conditions with respect to the
Trial Version only, but only to the extent necessary to resolve the
conflict. YOU ACKNOWLEDGE THAT THE TRIAL VERSION
MAY HAVE LIMITED FEATURES, FUNCTION FOR A LIMITED
PERIOD OF TIME, HAVE OTHER LIMITATIONS NOT PRESENT
IN A NON-TRIAL VERSION OF THE SOFTWARE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
THIS AGREEMENT, THE TRIAL VERSION IS PROVIDED TO YOU ON
AN “AS IS” BASIS, AND MATH TREK HOLDINGS DISCLAIMS ANY
WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY
KIND.
3. Upgrades. If the SOFTWARE PRODUCT is an upgrade from another
product, whether from MATH TREK HOLDINGS or another supplier, You may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless You destroy the upgraded product. If the SOFTWARE
PRODUCT is an upgrade of a MATH TREK HOLDINGS pty(ltd) product, You now may use that
upgraded product only in accordance with this agreement. If the SOFTWARE
PRODUCT is an upgrade of a component of a package of software programs
that You licensed as a single product, the SOFTWARE PRODUCT may be used
and transferred only as part of that single product package and may not
be separated for use on more than one computer unless otherwise expressly indicated in
this agreement or a valid license granted by MATH TREK HOLDINGS PTY(LTD).
4. Intellectual Property Rights. All rights, title, and interests,
including, but not limited to, all copyrights, trade secret rights,
patent and trademark rights in and to the SOFTWARE PRODUCT (including
but not limited to any images, photographs, animations, video, audio,
music, text, and “applets,” incorporated into the SOFTWARE PRODUCT), the
accompanying printed materials, and any copies of the SOFTWARE PRODUCT,
are owned by and shall remain the sole property of MATH TREK HOLDINGS PTY(LTD) or its
suppliers or licensors.
5. Injunctive Relief. The parties agree that if You utilize or otherwise
uses any of the SOFTWARE PRODUCT in an unauthorized manner, or breach
the remaining terms and conditions of this agreement, that such use or breach
would have a devastating and serious impact on MATH TREK HOLDINGS PTY(LTD) continuing
ability to compete profitably and would, therefore, result in immediate
and irreparable injury, loss or damage to MATH TREK HOLDINGS PTY(LTD). The parties agree
that in such event, in addition to MATH TREK HOLDINGS PTY(LTD) right to recover damages
for a breach of this agreement, MATH TREK HOLDINGS PTY(LTD) would be entitled to obtain a
temporary restraining order or a preliminary injunction from a court of
competent jurisdiction to prevent You, Your employees, agents,
consultants, or independent contractors from engaging in any further use
of the SOFTWARE PRODUCT or the continued breach of the remaining terms
and conditions of this agreement
6. Multiple Environments /Multiple Languages/Dual Media/Multiple
Copies/Updates. If You received: (a) the SOFTWARE or SOFTWARE PRODUCT in a
manner that supports multiple environments, platforms, operating systems or languages
(b) the SOFTWARE or SOFTWARE PRODUCT in more than one medium, or (c)
multiple copies of the SOFTWARE or SOFTWARE PRODUCT, the number of
Computer(s) on which all versions of the SOFTWARE or SOFTWARE PRODUCT may
be installed shall not exceed the Permitted Number of Computer(s) unless otherwise
expressly stated in this IQSLA or a valid License granted by MATH TREK HOLDINGS PTY(LTD) You may not
loan, rent, lease, license or otherwise transfer the other medium or version of the
SOFTWARE or SOFTWARE PRODUCT to another user.
8. Miscellaneous. This agreement is governed by the laws of the Republic of South Africa as well as the
U.S.A to the extent that U.S. federal laws are not applicable,
without regard to their conflicts of law principles. You agree to the exclusive jurisdiction
of the Courts of the republic of South Africa. This Agreement has been prepared in the English
language and such version shall be controlling in all respects and any non English version
of this Agreement is solely for accommodation purposes. The parties to this Agreement
waive personal service of any and all process upon them and consent that all such service
of process be made by registered mail and shall be deemed to be completed five (5)
business days after the same shall have been deposited in the United States mail, postage
prepaid. You waive any objection based on forum non conveniens and any
objection to venue of any action instituted under this agreement by MATH TREK HOLDINGS PTY(LTD) in any
jurisdiction. This agreement shall not be governed by the United Nations’ Convention on
Contracts for the international Sale of Goods, the application of which is expressly
excluded.
Should You have any questions concerning this agreement, or if You desire to
contact MATH TREK HOLDINGS PTY(LTD) for any reason, please contact the MATH TREK HOLDINGS PTY(LTD)
affiliate serving Your country, or write:
Math Trek Holdings PTY(LTD)
Lourens River Road, Strand, Western Cape, South Africa
Phone : +27 63 000 2218
Sales : info@mathtrekafrica.co.za
WWW : www.mathtrekafrica.co.za
9. Limited Warranty. MATH TREK HOLDINGS PTY(LTD) warrants that (a) the SOFTWARE PRODUCT will
perform substantially in accordance with the accompanying written
materials for a period of ninety (90) days from the date of receipt, and
(b) any hardware accompanying the SOFTWARE PRODUCT will be free from
defects in materials and workmanship under normal use and service for a
period of one (1) year from date of receipt. Some states and
jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to You. To the extent
allowed by applicable law, implied warranties on the SOFTWARE PRODUCT
and hardware, if any, are limited to ninety (90) days and one year,
respectively.
10. Customer Remedies. MATH TREK HOLDINGS PTY(LTD) and its suppliers’ or licensor’s entire liability
and Your exclusive remedy shall be, at MATH TREK HOLDINGS PTY(LTD) option, either (a)
return the license fee paid, or (b) repair or replacement of the
SOFTWARE PRODUCT or hardware that does not meet MATH TREK HOLDINGS PTY(LTD) Limited
Warranty and which is returned to MATH TREK HOLDINGS PTY(LTD) with a copy of Your receipt.
This Limited Warranty is void if failure of the SOFTWARE PRODUCT or
hardware has resulted from accident, abuse, or misapplication. Any
replacement SOFTWARE PRODUCT or hardware will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever
is longer. Outside the Republic of South Africa, neither these remedies nor any
product support services offered by MATH TREK HOLDINGS PTY(LTD) are available without
proof of purchase from an authorized international source.
11. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, MATH TREK HOLDINGS PTY(LTD) AND ITS SUPPLIERS, and LICENSORS
DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, QUIT ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY
RIGHTS WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY
ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY
FROM STATE/JURISDICTION TO STATE/JURISDICTION.
12. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
MATH TREK HOLDINGS PTY(LTD) OR ITS SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF
I Q SMART LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
13. Content and Indemnity. You acknowledge and understand the Content resulting from
the use of the SOFTWARE is Your sole responsibility and Your use and distribution of
the Content is at Your sole discretion and risk. You shall be solely responsible for any
claims or causes of action that may arise in connection with such use and distribution of
the Content. You further agree to defend, indemnify and hold MATH TREK HOLDINGS PTY(LTD), its affiliates,
subsidiaries, officers, directors, employees, consultants, agents, suppliers, licensors and
resellers from any and all third party claims, whether foreign or domestic, and any and all
liability, damages and/or costs including, but not limited to, reasonable attorney fees,
arising from Your use of the SOFTWARE and the Content and the distribution of the
same, Your violation of this agreement, or the infringement or violation by You or any other
user of the SOFTWARE , of any agreement of any kind or any intellectual property or
other right, including but not limited to, patent, trademark, copyright or trade secret rights
of any person or entity or any claims that may or are alleged to result in the invasion of
privacy, slander, libel or for infringement on a persons rights of publicity due to the
publication or distribution of the Content.
14. Survival. The restrictions and obligations as contained in this
agreement which You have voluntarily agreed to shall survive any expiration,
termination or cancellation of this agreement, and shall continue and remain
in effect to bind You, and Your employees, agents, successors, heirs
and assigns.
15. Integration. This agreement and the applicable License order sets forth the entire
Agreement and understanding between the parties as to the subject matter of this
Agreement and supersedes all prior discussions, representations, and
amendments of understandings of every kind and nature between them.
16. Amendments. Except as otherwise provided in this agreement, this
Agreement may not be amended, altered, or any of its provisions waived
on behalf of either party, except in writing executed by both parties’
duly authorized agent.
17. Assignability. Except as otherwise expressly provided under this agreement, this
agreement and the rights and duties under this Agreement may not be assigned by You
without the prior written consent of MATH TREK HOLDINGS PTY(LTD).
18. Benefit. This agreement shall be binding upon and inure to the benefit
of MATH TREK HOLDINGS PTY(LTD) and its successors and assigns.
19. Counterparts. This agreement may be executed and/or accepted in one or
more counterparts, each of which shall be enforceable against the party
actually executing and/or accepting the counterparts, and all of which
together shall constitute one instrument.
20. Captions. Captions contained in this Agreement are inserted for
reference and in no way define, limit, extend or describe the scope of
the agreement or intent of any provision in the agreement
21. Severability. If any provision of this agreement becomes or is declared
by a court of competent jurisdiction to be illegal, unenforceable, or
void, this agreement shall continue in full force and effect without said
provision; provided, however, that no such severability shall be
effective if it materially changes the economic benefit of the agreement to
the other party.
22. Authority to Execute and Accept. You warrant and represent to
MATH TREK HOLDINGS PTY(LTD) that this agreement shall be binding upon You, and that the
individual agreeing to be bound under the terms and conditions of this
agreement is authorized or has been empowered to do so.
23. Third Party Beneficiary. You acknowledge and agree that MATH TREK HOLDINGS PTY(LTD) suppliers and
licensors (and/or MATH TREK HOLDINGS PTY(LTD) if You obtained the SOFTWARE PRODUCT from any
party other than MATH TREK HOLDINGS PTY(LTD) are third party beneficiaries of this Agreement, with the right
to enforce the obligations set forth herein with regard to the respective technology or
Content of such suppliers, licensors and/or MATH TREK HOLDINGS PTY(LTD).
24. Third party Acknowledgement and Terms. The SOFTWARE PRODUCT or
SOFTWARE may use or include third party components or Content and other
copyrighted material. Acknowledgments, licensing terms and additional disclaimers for
such components, Content, or materials are contained in the “online” electronic
documentation for the SOFTWARE PRODUCT or SOFTWARE or may otherwise
accompany the same, and Your use of such components, Content or material is governed
by their respective terms.
25. Changes to a Site or Enterprise Due to Acquisitions, Divestures, Mergers, and
Organic Growth. If the number of qualified desktops or seats changes by more than 10%
as a result of: (i) an acquisition of an entity or an operating division, (ii) a divesture of an
affiliate or an operating division; (iii) a merger, or (iv) organic growth, MATH TREK HOLDINGS PTY(LTD) will
work with the You in good faith to determine how to accommodate the changed
circumstances in the context of a Site License, for example. If You acquire or merge with
an organization with an existing “Site License” MATH TREK HOLDINGS PTY(LTD) will work with the surviving
organization in good faith to accommodate its changed circumstances in the context of
this Agreement.
AS STATED ABOVE, PAYING THE LICENSE FEE FOR THE SOFTWARE
PRODUCT WITHOUT PROMPTLY REQUESTING A REFUND OF SUCH FEE OR
INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT,
INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR AGREEMENT TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. MATH TREK HOLDINGS PTY(LTD) are registered trademarks of MATH TREK HOLDINGS PTY(LTD) in the
Republic of South Africa and/or other countries. All other trademarks are the property of their
respective owners.