PM FASTrack v5 License Agreement - RMC Project Management

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

RMC Publications, Inc.
PM FASTrack® Exam Simulation Software

Whether you obtained this PM FASTrack® Exam Simulation Software 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, ALONG WITH YOUR REGISTRATION CODE, TO RMC FOR A REFUND OF THE PURCHASE PRICE. PROOF OF PURCHASE, INCLUDING PLACE AND DATE OF PURCHASE, AND PROOF OF PAYMENT MUST ACCOMPANY ANY SUCH RETURN.

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

Grant of One (1) Year License to Registered Users

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, non-transferable license to use the accompanying version of the PM FASTrack® Exam Simulation Software and any accompanying documentation (together, the "Licensed Software") for a period of one (1) year for your personal, non-commercial use only. All rights to and in the Licensed 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 Software. RMC reserves all rights not expressly granted to you.

Permitted Use

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

You may install the Licensed Software on one home computer and one work computer, provided that You use the Licensed Software on only one computer at one time. You may not install the Licensed Software on more than one home computer and one work computer at one time.

Restrictions

You may not share, transfer or distribute the Licensed Software to others, and this License Agreement shall automatically terminate in the event of such sharing, transfer or distribution.

You may not install the Licensed Software on a network in such a way that it may be accessible by others. You may not copy the Licensed Software or its content in any form or by any means.

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

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

Copyright

All intellectual property rights in the Licensed 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 shall commence on the date of purchase and shall continue for a term of one (1) year, unless this License Agreement is earlier terminated in accordance herewith. You may reject or terminate this License Agreement at any time by uninstalling the Licensed Software. This License Agreement will terminate if you fail to comply with any term or condition of this License Agreement. Upon expiration or termination of this License Agreement for any reason, you agree to promptly cease use of the Licensed Software and to uninstall all copies of the Licensed 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

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 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.

Limited Warranty and Disclaimer

In the event You obtained the Licensed Software from RMC on portable media, RMC warrants such media to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by your proof of purchase. This warranty is limited to the original purchaser and is not transferable. To make a warranty claim, you must return the Licensed Software to RMC, along with proof of purchase, within such ninety (90) day period. RMC's entire liability and your exclusive remedy shall be, at RMC's option, either the replacement of the defective media or the return of the purchase price that you paid for the Licensed Software. THE FOREGOING WARRANTY DOES NOT EXTEND TO ANY MEDIA THAT HAS BEEN DAMAGED AS A RESULT OF ACCIDENT, MISUSE, ABUSE, OR AS A RESULT OF SERVICE OR MODIFICATION BY ANYONE OTHER THAN RMC.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE LICENSED 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 SOFTWARE IS WITH LICENSEE.

YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE LICENSED SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE USE AND RESULTS OBTAINED FROM THE LICENSED SOFTWARE. NEITHER RMC OR ITS SUPPLIERS OR RESELLERS WARRANTS OR GUARANTIES THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IT IS THE ONLY TOOL NEEDED TO PREPARE TO PASS THE PMP® EXAM OR THAT BY USING THE LICENSED SOFTWARE YOU ARE GUARANTEED TO PASS THE PMP® EXAM! YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE PROGRAM AND THE USER DOCUMENTATION.

LIMITATION OF LIABILITY

YOUR SOLE REMEDY AND THE ENTIRE LIABILITY OF RMC, ITS SUPPLIERS AND RESELLERS ARE SET FORTH ABOVE. IN NO EVENT SHALL RMC'S LIABILITY TO YOU, WHETHER BASED IN CONTRACT OR TORT, EXCEED THE PURCHASE PRICE OF THE LICENSED SOFTWARE PAID BY YOU TO RMC. IN NO EVENT WILL RMC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INDIRECT, INCIDENTAL, OR PUNITIVE, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF THE USE, OR INABILITY TO USE THE LICENSED 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 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 warranty service, 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.