ODS Robot Challenge 1.0

EULA - End User License Agreement

SOFTWARE LICENSE

You and Ohio Distinctive Enterprises, Inc. (doing business as Ohio Distinctive Software (hereinafter ODS)) are parties to this software license agreement. Read this License carefully before using the software. By using the software, you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this License, promptly return the unused Software to ODS and your money will be refunded.

1. LICENSE - The software and related documentation accompanying this License, whether on CD, disk, in read-only memory, or on any other media (the Software) is licensed to you by ODS. You own the CD on which the Software is recorded, but ODS and/or ODSs Licensor(s) retain title to the Software. No title to or ownership rights in the Software, or any portion of the Software, are transferred. This License allows you to use the Software on a single computer and make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such a copy the ODS copyright notice and any other proprietor legends that were on the original copy of the Software. You may also transfer all your license rights in the Software, the backup copy of the Software and a copy of the License to another party, provided the other party reads and accepts the terms and conditions of this License.

2. RESTRICTIONS - The Software contains copyrighted material, trade secrets and other proprietary material; to protect them, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software to or from a computer or over a network.

3. TERMINATION - This License is effective until terminated. You may terminate this license at any time by destroying the Software and all copies thereof. This License will terminate immediately without notice from ODS if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof.

4. EXPORT LAW ASSURANCES - You agree and certify that neither the Software, nor its printouts, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States.

5. LIMITED WARRANTY ON MEDIA AND SOFTWARE - ODS warrants the CDs on which the Software is recorded to be free from defects in materials and workmanship. ODS uses virus protection software and has policies and procedures to help prevent the spread of computer viruses but does not warrant and does not accept liability for the spread of any virus via its products. ODSs entire liability and your exclusive remedy will be either a refund of money you have paid to ODS of replacement of the CD(s) not meeting ODSs limited warranty. Any implied warranties on the software, including the implied warranties of merchantability and fitness for a particular purpose, are limited in a duration to ninety days from the date of delivery. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

6. ADDITIONAL DISCLAIMER OF WARRANTY - You expressly acknowledge and agree that use of the Software and Web Portal is at your sole risk. The Software is provided AS ISand without warranty of any kind, and ODS and ODSs Licensor(s) (for the purposes of provisions 6 and 7, ODS and ODSs Licensor(s) shall be collectively referred to as ODS) expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. ODS does not warrant that the functions contained in the Software will meet you requirements, or that the operation of the Software will be uninterrupted of error-free, or that defects in the Software will be corrected. Furthermore, ODS does not warrant or make any representation regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by ODS or an ODS authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the Software prove defective, you (and not ODS or an ODS authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

7. LIMITATION OF LIABILITY - Under no circumstances, including negligence, shall ODS be liable for any incidental, special or consequential damages that result from the use or inability to use the Software or Web Portal, even if ODS or an ODS authorized representative has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall ODSs total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.

8. CONTROLLING LAW AND SEVERABILITY - This License shall be governed by and construed in accordance with the laws of the United States and the State of Ohio, as applied to agreements entered into and to be performed entirely within Ohio between Ohio residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

9. COMPLETE AGREEMENT - This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by the president of ODS.

Occasionally we make a portion of our mailing list available to other companies or services we think might be of interest to you. If you prefer not to receive such mailings, please copy your mailing label exactly as it appears on the outside envelope, along with the phrase no outside mailings, and send it to us at Ohio Distinctive Software, Dept. M, PO Box 340616, Columbus, OH 43235.

SATISFACTION GUARANTEE and LIMITED WARRANTY
If for any reason whatsoever you are dissatisfied with any Ohio Distinctive Enterprises, Inc. product, you may return it for a complete refund within sixty days of purchase. Ohio Distinctive Enterprises, Inc. and its Licensors (hereinafter called ODE) make no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding any Software. ODE does not warrant, guarantee or make any representations regarding the use or the results of the use of the Software in terms of its correctness, accuracy, reliability, currentness or otherwise. ODE uses virus protection software and has policies and procedures to help prevent the spread of computer viruses but does not warrant and does not accept liability for the spread of any virus via its products. The entire risk as to the results and performance of the Software is assumed by you. The exclusion of implied warranties is not permitted in some states, and therefore the exclusion of implied warranties may not apply to you. In no event will ODE or any of their directors, officers, employees or agents be liable to you for any consequential, incidental or indirect damages arising out of the use of or inability to use the Software even if ODE or any of their directors, officers, employees or agents have been advised of the possibility of such damages. Because some states do not allow exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. ODEs liability to you for actual damages from any causes whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to $50.