END USER LICENSE AGREEMENT (EULA)

YOUR USE OF UBERSMART MATH FACTS IS GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS:

ACCEPTANCE OF LICENSE AGREEMENT
You should carefully read the following terms and conditions before using UberSmart Math Facts (the 'Software'). Your use of this software indicates your agreement to these terms and conditions. If you do not accept all of these terms and conditions, you must cease using the Software immediately.

COPYRIGHT
Customer acknowledges that the Software, License Key and accompanying user documentation ('Documentation') are copyrighted works owned by UberSmart Software (with the exception of the third party software as noted at the end of this license agreement) and that Customer has no rights in the foregoing except as expressly granted herein.

FREE 30-DAY TRIAL
This is not free software. UberSmart Software hereby grants you a non-exclusive, non-transferable, limited license to use the Software free of charge for a period of thirty (30) days. Use of the Software beyond the thirty-day (30-day) trial period requires the purchase of a License Key as described below. Use of the Software beyond the thirty-day (30-day) trial period without purchase of a License Key is a violation of U.S. and international copyright laws.

LICENSE KEY
A unique key that will allow you to use the Software beyond the thirty-day (30-day) free trial period ('License Key') may be purchased from UberSmart Software at http://www.ubersmartsoftware.com.

Upon purchase of a License Key, UberSmart Software hereby grants you a non-exclusive, non-transferable license to use the Software as follows:

* The software may be used on any number of computers as long as the following conditions are met:
* The computers are primarily located at your residence
* The users of the Software are immediate family members or residents of your household.
* Guests may use the software for demonstration purposes only.

You shall be responsible for maintaining the License Key in a safe location and are specifically prohibited from distributing the License Key, intentionally or unintentionally, to any third party. Upon loss or distribution of the License Key, Customer may be required to pay a reinstatement fee at UberSmart Software's discretion.

DISTRIBUTION OF THE SOFTWARE
Provided that you do not copy or distribute the License Key, and you include a copy of this License Agreement, you may (a) make copies of the Software; (b) give exact, unmodified copies of the Software to anyone; and (c) distribute the Software in its unmodified form via electronic means. You are specifically prohibited from charging any fees for any such copies or distributions. “Exact, unmodified copies of the Software” shall be interpreted to exclude wrapping the software in any other software, including but not limited to an installer not created by UberSmart Software.

TERM AND TERMINATION
You may continue to use the Software for as long as you comply with the terms and conditions of this License Agreement. UberSmart Software may terminate this License Agreement immediately in the event that UberSmart Software has reason to believe you have breached this License Agreement. Upon termination, you shall immediately cease all use of the Software, License Key and Documentation and shall not be entitled to a refund of any fees paid.

GOVERNING LAW
The validity and interpretation of this Agreement shall be governed by the laws of the United States of America and the State of Texas. Customer agrees that the federal and state courts located in the State of Texas, Tarrant County, shall be the appropriate site of venue for actions relating to this Agreement, and hereby consents to the exclusive jurisdiction and venue of such courts.

DISCLAIMER OF WARRANTY
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED 'AS IS.' TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UBERSMART SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY OF UBERSMART SOFTWARE WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE PURCHASE PRICE.

THIRD PARTY SOFTWARE
UberSmart Math Facts uses the Firebird Embedded Database Engine which is freely available at http://www.firebirdsql.org. Your use of the Firebird Embedded Database Engine is licensed under the Initial Developer's PUBLIC LICENSE and NOT the UberSmart Math Facts license. See http://www.firebirdsql.org for details.

UberSmart Math Facts uses the Abscissa font which is freely available at http://www.fontframe.com/tepidmonkey. Your use of the Abscissa font is licensed under the Tepid Monkey license and NOT the UberSmart Math Facts license. See the readme file located with the Abscissa font in the UberSmart Math Facts install directory for details.

UberSmart Math Facts uses the Argor Got Scaqh font which is freely available at http://www.argor.org. Your use of this font is licensed under the terms of its copyright owner, Jean-Pierre Mallaroni, NOT the UberSmart Math Facts license.