PM FASTrack v5 Demo License Agreement - RMC Project Management

This agreement appears during the software installation process for the software demo version 5, and must be accepted by the user in order to continue installation.

RMC Publications, Inc.
DEMONSTRATION VERSION
PM FASTrack® Exam Simulation Software

This demonstration version of RMC’s PM FASTrack® Exam Simulation Software is provided as an opportunity for you to preview the Software at no cost. Whether you obtained this demonstration version of the product from RMC or from a person or entity other than RMC, authorization for you to use the Software is subject to the terms of the License Agreement below.

LICENSE AGREEMENT

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THIS PM FASTrack® Exam Simulation Software. BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING, INSTALLING OR USING THE SOFTWARE, AND RETURN THE SOFTWARE AND USER DOCUMENTATION TO RMC.

PLEASE INDICATE YOUR ACCEPTANCE OR DECLINATION OF THIS LICENSE AGREEMENT BY CLICKING THE APPROPRIATE BOX BELOW.

License

In this License Agreement, you are referred to as “You” or “Licensee.” In accordance with the terms and conditions of this License Agreement, RMC Publications, Inc. (“RMC”) grants You a nonexclusive license to use the accompanying demonstration version of the PM FASTrack® Exam Simulation Software and any accompanying documentation (together, the “Licensed Demonstration Software”) for your personal, non-commercial use only. All rights to and in the Licensed Demonstration Software, including, but not limited to, copyrights and trade secret rights, are owned by RMC or its licensor, and RMC holds title to each copy of the Licensed Demonstration Software. RMC reserves all rights not expressly granted to you.

Permitted Use

You, individually, may use the Licensed Demonstration Software for your personal, non-commercial use only.

For the sole purpose of sharing with others the opportunity to preview the Licensed Demonstration Software, You may transfer this copy of the Licensed Demonstration Software to others, make copies or permit copies to be made of the media on which You obtained the Licensed Demonstration Software, and install the Licensed Demonstration Software on a network accessible by others; provided, however, that such sharing, transfer, copying, and installation is solely for the individual, personal, non-commercial use by others, whose use of the Licensed Demonstration Software is subject to the terms of this License Agreement.

Any copies made of the Licensed Demonstration Software must include the following copyright notice: Copyright 1997-2005 Rita Mulcahy. All rights reserved.

Restrictions

Except as specifically authorized above, You may not transfer or distribute the Licensed Demonstration Software to others, copy the Licensed Demonstration Software or its content in any form or by any means, or install the Licensed Demonstration Software on a network accessible by others, and this License Agreement shall automatically terminate in the event of such a transfer, distribution, copying or installation.

You may not remove any copyright or other proprietary notice from the Licensed Demonstration Software.

You may not disassemble, decompile, merge the Licensed Demonstration Software with other software, or attempt to discover the source code or database of the Licensed Demonstration Software. You may not modify, adapt, translate, incorporate or create derivative works based on the Licensed Demonstration Software or its content.

Copyright

All intellectual property rights in the Licensed Demonstration Software are owned by Rita Mulcahy and protected by United States Copyright laws, international copyright treaty provisions, and trademark and trade secret laws.

Term

This License Agreement is effective until terminated. You may reject or terminate this License Agreement at any time by uninstalling the Licensed Demonstration Software. This License Agreement will terminate if you fail to comply with any term or condition of this License Agreement. Upon termination of this License Agreement for any reason, you agree to promptly cease use of the Licensed Demonstration Software and to uninstall all copies of the Licensed Demonstration Software in your possession. All provisions of this License Agreement relating to disclaimers of warranties, limitation of liability, remedies, and damages, and RMC’s proprietary rights shall survive termination.

No Transfer

Except for the limited purpose specifically authorized above, you may not copy, sublicense, rent, assign, lend, sell or otherwise transfer to any other party the license, your rights under this License Agreement, or the Licensed Demonstration Software or its content, and any attempt to copy, sublicense, rent, assign, lend, sell or transfer any of your rights, duties, or obligations under this License Agreement is null and void.

Disclaimer; Limitation of Liability

THE LICENSED DEMONSTRATION SOFTWARE IS FURNISHED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED DEMONSTRATION SOFTWARE IS WITH LICENSEE. IN NO EVENT SHALL RMC BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF USE OF OR INABILITY TO USE THE LICENSED DEMONSTRATION SOFTWARE, EVEN IF RMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Governing Law

This License Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflict of laws provisions.

U.S. Government Restricted Rights

The Licensed Demonstration Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) in The Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is RMC Publications, Inc., 500 East Travelers Trail, Suite 100, Minneapolis, Minnesota 55337.

Entire Agreement

This License Agreement is the complete and exclusive statement of the agreement between You and RMC with respect to the subject hereof, and it supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this License Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

For questions concerning this License Agreement or additional information, please send an e-mail to info@rmcproject.com or contact RMC Project Management, Inc., 500 East Travelers Trail, Suite 100, Minneapolis, Minnesota 55337.

PM FASTrack® is a registered trademark of Rita Mulcahy used with permission by RMC Publishing, Inc.

PMBOK®, PMI®, and PMP® are trademarks of the Project Management Institute, Inc. (“PMI”) which are registered in the United States of America and other nations. PMI did not participate in the development of this product, has not reviewed its content for accuracy, does not endorse or otherwise sponsor this product, and makes no warranty, guarantee, or representation, expressed or implied, as to its accuracy or content. PMI does not have any financial interest in this product and has not contributed any financial resources for its development or publication. Additionally, PMI makes no warranty, guarantee, or representation, express or implied, that the successful completion of any activity or program, or the use of any product or publication, designed to prepare candidates for the PMP® Certification Examination, will result in the completion or satisfaction of any PMP® Certification eligibility requirement or standard.

This web page last modified and published on 9/23/2005.