System Requirements & Terms

Pic Presenter Requirements

On-Line Presentation Site

In order to create an I Present to You! on-line presentation, you must have a web host that provides FTP access and supports PHP and JavaScript (most do). A presentation site domain name is recommended. Complete instructions are included.

In order to use the I Present to You Web Presentation Tools, you must bee running Microsoft Windows 95 ® or newer. Your computer should have a CD-ROM drive, 330 Mhz processor or faster, and a minimum of 32 MB of Memory and 50 MB free hard drive space. You'll also need Microsoft's Internet Explorer ® 4.0 or new installed on your computer along with the latest version of Windows Media Player®.

In addition, you must also have an internet connection: A cable connection or DSL is recommended.

Support

Support is provided free of charge by e-mail. We will make every endeavor to answer your questions within one business day.

THE GRABOW-HILL COMPANY

END USER SOFTWARE LICENSE AGREEMENT

IMPORTANT: BEFORE USING THE ENCLOSED PRODUCT, CAREFULLY READ THIS LICENSE AGREEMENT.

This document is a legal agreement ("Agreement") between You, the end user, and The Grabow-Hill Company ("Grabow-Hill"). BY USING THE ENCLOSED SOFTWARE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE GRABOW-HILL STANDARD LIMITED WARRANTY, WHICH IS INCORPORATED HEREIN BY REFERENCE. BY PURCHASING THE PRODUCT, YOU AGREE TO THESE TERMS. The parties further agree that this Agreement is between You and Grabow-Hill, and creates no obligations to You on the part of Grabow-Hill's Affiliates (as defined below), subcontractors, or suppliers. You expressly relinquish any rights as a third party beneficiary to any agreements between Grabow-Hill and such parties, and waive any and all rights or claims against any such third party.

1. DEFINITIONS.

(a) "Affiliates" shall mean any company or a division thereof which Grabow-Hill controls or is controlled by, or which may result from the merger or consolidation with Grabow-Hill.

(b) "Enabler Code" shall mean a code provided by Grabow-Hill to You to permanently enable the use of the Software.

(d) "Licensed Materials" shall mean Licensed Software together with any related documentation.

(e) "Software" shall mean Grabow-Hill software that is supplied separately from a hardware product.

2. GRANT OF SOFTWARE LICENSE. Subject to the terms and conditions of this Agreement, Grabow-Hill grants You the right on a non-exclusive basis, for internal purposes only, and only as expressly permitted by this Agreement:

a. to use the Licensed Software in its original form provided by Grabow-Hill;

b. to use the Software in its original form on a single computer owned or leased by You, and the Software may only be operated on that single computer at any particular time;

c. to use the Licensed Software on any replacement computer;

d. to use any related documentation, provided that You may not copy the documentation;

e. to make copies of the Licensed Software in only the amount necessary for backup or archival purposes, or to replace a defective copy; provided that You (i) have not more than two (2) total copies of the Licensed Software including the original media without Grabow-Hill's prior written consent, (ii) You operate no more than one copy of the Licensed Software, (iii) and You retain all copyright, trademark and other proprietary notices on the copy.

3. RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS. All rights not expressly granted herein are reserved by Grabow-Hill, its Affiliates, or its suppliers. Without limiting the foregoing, You agree:

a. to maintain appropriate records of the location of the original media and all copies of the Licensed Software, in whole or in part, made by You;

b. not to use, copy or modify the Licensed Materials, in whole or in part, except as expressly provided in this Agreement;

c. not to decompile, disassemble, electronically transfer, or reverse engineer the Licensed Software, or to translate the Licensed Software into another computer language; provided that, if You are located within a Member State of the European community, then such activities shall be permitted solely to the extent, if any, permitted under Article 6 of the Council Directive of 14 May 1991 on the legal protection of computer programs, and implementing legislations thereunder.

4. TERM AND TRANSFER. You may transfer the Licensed Materials with a copy of this Agreement to another party only on a permanent basis in connection with the transfer to the same party of the equipment on which it is used, and only if the other party accepts the terms and conditions of this Agreement. Upon any permitted transfer, You must transfer all accompanying written materials, and either transfer or destroy all copies of the Licensed Software. Any attempted transfer not permitted by this Agreement is void. You may not lease or rent the License Materials. This Agreement is effective until terminated. You may terminate the Agreement at any time by destroying or purging all copies of the Licensed Materials. This Agreement will terminate automatically without notice from Grabow-Hill if You fail to comply with any provision of this Agreement. Upon such termination, You must destroy the Licensed Materials as set forth above. Sections 1, 5, 7, 8, 9, 10, and 11 shall survive termination of this Agreement for any reason.

5. TITLE AND PROPRIETARY RIGHTS.

(a) The Licensed Materials are copyrighted works and/or trade secrets of Grabow-Hill and are the sole and exclusive property of Grabow-Hill, its Affiliates, and/or their suppliers. This Agreement conveys a limited right to operate the Licensed Materials and shall not be construed to convey title to the Licensed Materials to You.

(b) You acknowledge that in the event of a breach of this Agreement, Grabow-Hill shall suffer severe and irreparable damages for which monetary compensation alone may be inadequate. You agree that in the event of a breach of this Agreement, Grabow-Hill shall be entitled to monetary damages and its reasonable attorney's fees and costs in enforcing this Agreement, as well as injunctive relief to restrain such breach, in addition to any other remedies available to Grabow-Hill.

6. MAINTENANCE AND UPDATES. Updates, upgrades, bug fixes, and maintenance and support services, if any, are provided to You pursuant to the terms of a Grabow-Hill Service and Maintenance Agreement, and only if Grabow-Hill and You enter into such an agreement. Except as specifically set forth in such agreement, Grabow-Hill is under no obligation to provide any updates, upgrades, patches, bug fixes, modifications, enhancements, or maintenance or support services to You. Notwithstanding the foregoing, if you are provided or obtain any software or documentation of Grabow-Hill, which is not otherwise provided under a license from Grabow-Hill, then Your use of such materials shall be subject to the terms of this Grabow-Hill Software License Agreement.

7. EXPORT REQUIREMENTS. Licensed Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export or import Licensed Materials.

8. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials are provided with RESTRICTED RIGHTS. Use, duplication or disclosure of the Licensed Materials and accompanying documentation by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DRAS 252.227-7013(c)(ii) (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

9. LIMITED WARRANTY. The sole warranty provided under this Agreement and with respect to the Licensed Materials is set forth in Grabow-Hill's Standard Limited Warranty, which is incorporated herein by reference. THE GRABOW-HILL STANDARD LIMITED WARRANTY CONTAINS IMPORTANT LIMITS ON YOUR WARRANTY RIGHTS. THE WARRANTIES AND LIABILITIES SET FORTH IN THE STANDARD LIMITED WARRANTY ARE EXCLUSIVE AND ESTABLISH GRABOW-HILL'S ONLY OBLIGATIONS AND YOUR SOLE RIGHTS WITH RESPECT TO THE LICENSED MATERIALS AND THIS AGREEMENT. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

10. LIMITATION OF LIABILITY. Your exclusive remedy for any claim in connection with the Licensed Materials and the entire liability of Grabow-Hill are set forth in the Grabow-Hill Standard Limited Warranty. Except to the extent provided there, if any, IN NO EVENT WILL GRABOW-HILL OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF GRABOW-HILL OR ITS AFFILIATE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE LICENSED MATERIALS PAID BY YOU. YOU ACKNOWLEDGE THAT THE AMOUNT PAID FOR THE LICENSED MATERIALS REFLECTS THIS ALLOCATION OF RISK.

11. GENERAL. The provisions of the Agreement are severable and if any one or more of the provisions hereof are illegal or otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding on and enforceable by and between the parties hereto. Grabow-Hill's waiver of any right shall not constitute waiver of that right in future. This Agreement (including the documents it incorporates) constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings, oral or written, are hereby expressly superseded and canceled. No purchase order shall supersede this Agreement. The rights and obligations of the parties to this Agreement shall be governed and construed in accordance with the laws of the State of Colorado, excluding the UN Convention on Contracts for the International Sale of Goods and that body of law known as conflicts of laws. Any dispute in connection with the Licensed Materials will be resolved in state or federal courts located in or nearest to Douglas County, Colorado, U.S.A.. You consent to the personal jurisdiction of and waive any objections to venue in such courts.

12. STANDARD LIMITED WARRANTY. Grabow-Hill will replace any defective software within 30 days after purchase at no cost to you. You must provide original defective software to us at our request.