This License Agreement ("Agreement") sets forth the terms and conditions under which you are licensed to use the Software by the Massachusetts Institute of Technology ("MIT"). Software means (A) all of the contents of the disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) MIT or third party software; (ii) digital images, stock photographs, clip art or other artistic works, maps, or video ("Content"); and (iii) related explanatory written materials ("Documentation"). You qualify for this license only if you are an educational institution (K-12, junior college, college or university), or a faculty member or teaching staff member of an educational institution ("Qualified Licensee"). If you do not fit within the description above, no license is granted; MIT reserves the right to make the final determination of eligibility.

 If you fit within the description above, MIT grants to you a nonexclusive noncommercial educational purpose license, provided that you agree: 

1. Use of the Software. The Software may be used solely by you and your students as a teaching tool. You may install one copy of the Software (i) onto a hard disk or other storage device of one computer; or (ii) on a single file server for the purpose of running multiple instances of the Software on a single computer system. No other network use is permitted, specifically no installation or use over the World Wide Web or internet is permitted. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer.

2. Copyright. The Software and any copies that you make are owned by MIT and its Content suppliers. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must containthe same copyright and other proprietary notices that appear on or in the Software. This license does not grant you any right to any enhancement or update. You agree not to modify, adapt or translate the Software. This Agreement does not grant you any intellectual property rights in the Software. This Agreement provides the terms and conditions under which you are licensed to use the Software. It is not an agreement for the sale of the Software to you.

3. Transfer. You may not rent, lease, sublicense or lend the Software. You may, however, transfer all your rights to use the Software to another Qualified Licensee provided (1) that you transfer this Agreement, the Software, including all copies, to such Qualified Licensee, (2) that you retain no copies, including copies stored on a computer, and (3) that the receiving party accepts the terms and conditions of this Agreement.

4. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Since the software is provided at nominal cost, the entire risk as to the quality and performance of the Software is borne by you; no technical support whatsoever will be provided by MIT. Should the Software prove defective, you and not MIT assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the Agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

5. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MIT OR ITS CONTENT SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF MIT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Termination. This license will terminate automatically if you (i) fail to comply with the limitations described above, (ii) use the software for commercial purposes, or (iii) allow anyone to use the software for commercial purposes. Upon termination of this Agreement you must destroy all copies of the Software.

7. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the Commonwealth of Massachusetts, excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement may only be modified by a writing signed by an authorized officer of MIT, although MIT may vary the terms of this Agreement in connection with the licensing of any Updates to you.

Massachusetts Institute of Technology and MIT are trademarks of Massachusetts Institute of Technology. Other marks that may appear in the Content are the property of their respective owners.

Copyright (c) 1996-1999 Massachusetts Institute of Technology. All rights reserved.