License
Agreement

Rules governing the usage of our software.

Little Helper School Edition® Software License Agreement

The Little Helper School Edition® Software License Agreement appears during installation and and/or before purchase of Little Helper School Edition® software (the “software”), and is listed on www.cobraback.com.

Little Helper School Edition® software and this Software License Agreement are © 2006 Cobra Back L.L.C. All rights reserved.

THIS SOFTWARE LICENSE AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND COBRA BACK L.L.C. THE TERMS OF THIS AGREEMENT GOVERN YOUR USE OF THE SOFTWARE. PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS IN THIS AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE.

BY CLICKING ON THE “ACCEPT” BUTTON AND INSTALLING THE SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS IN THIS AGREEMENT; CLICKING ON THE “ACCEPT” BUTTON IS THE SAME AS SIGNING A HARDCOPY CONTRACTUAL AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU SHOULD CLICK ON THE "I DO NOT ACCEPT" BUTTON AND CONTACT COBRA BACK L.L.C. FOR INSTRUCTIONS ON RETURN OF THE UNUSED PRODUCT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.


Definitions. For purposes of this Agreement "Software" is defined as Little Helper School Edition® software, and any updates or maintenance releases for the Software. The terms "you", "your" or "user" are synonymous, and refer to someone who is the original purchaser of a license for the Software from Cobra Back L.L.C. pursuant to this Agreement (the “Original Licensee").

Mandatory Activation. The Software must be activated with a serial key. The license rights granted under this Agreement and as described in the License section of this Agreement are limited unless you activate the Software using a serial key. You will be prompted to begin activation after you install the Software. The Software may be activated online through the Internet; you will be prompted to activate the Software when it is first installed and, if not activated at that time, you will be prompted to activate the Software every time the program is logged on/into, for a total time of (15)days. If that serial key is not input, the software will not function.

You understand and agree that the Service is provided "AS-IS" and that Cobra Back LLC assumes no responsibility for the timeliness, deletion, failed-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service

License. The Software is licensed to you under this Agreement and this Agreement is not a sales contract. You are granted a personal, limited, non-exclusive, non-transferable license to install and use the Software on a single computer (“First Computer”) for use by only one person at any time. You are permitted to retain one backup copy of the Software for your own personal use for archival purposes and solely for backing up the Software in the event the Software on the First Computer is lost or corrupted and requires reinstallation. If the Software is provided on a CD, the CD shall comprise the backup copy. If the Software was obtained other than on a CD, you may make one backup copy. You may also install the Software on a Second Computer for use by only one person at any time, but you may not run the Software on the Second Computer at the same time as the Software is being run on the First Computer.

You may permanently transfer your rights under this Agreement only as part of a sale or transfer of the First Computer, provided you retain no copies of the Software.

If you install the Software on a Second Computer you must activate the Software on the Second Computer as detailed in the Activation section above.

Restrictions. You agree that you will not:
(1) make any copy of the Software except as set forth in the License section above;
(2) rent, loan, resell, or distribute the original disk or a copy of the Software to any other person;
(3) duplicate the Software by any means, including electronic transmission;
(4) modify, adapt, translate or create derivative works based on the Software;
(5) make the Software available on any file-sharing service;
(6) electronically send the Software to any other person or computer; or
(7) copy any printed materials or user documentation accompanying the Software. If you received the Software through any of the methods specified in this section, or through any method other than purchasing a license from Cobra Back L.L.C., you are not authorized or able to use the Software and the terms of this Agreement do not apply to you.

The Software is protected by U.S. and international copyright laws and other laws, and by the terms of this Software License Agreement. Other than the limited license granted to you in the License section of this Agreement, Cobra Back L.L.C. reserves all patent, copyright, trade secret, trade name, trademark, and other proprietary rights related to the Software. The Software also contains Cobra Back L.L.C. trade secrets. You may not and agree that you will not decompile, disassemble, or otherwise reverse engineer the Software, in whole or in part.

DISCLAIMER OF WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SOFTWARE IS "AS-IS" AND COBRA BACK L.L.C., ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, DISK AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT.

Cobra Back L.L.C. does not warrant that the Software is secure, free from bugs, viruses, interruption, errors, or other program limitations.

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of purchase of the Software.

Some states do not allow limitations on how long an implied warranty lasts, so the above 60-day limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.
All warranties or guarantees given or made by Cobra Back L.L.C. with respect to the Software are for the benefit of the Original Licensee of the Software only and are not transferable, and shall be null and void if the Original Licensee breaches any terms or conditions of this Agreement.

LIMITATION OF LIABILITY AND DAMAGES. YOU AGREE NOT TO HOLD COBRA BACK L.L.C. LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT YOUR USE OF THE SOFTWARE, AND YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF COBRA BACK L.L.C. AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE TO COBRA BACK L.L.C. OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COBRA BACK L.L.C. AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON PRINCIPLES OF BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF STATUTORY DUTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF COBRA BACK L.L.C. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES COBRA BACK L.L.C. ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE.

Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Miscellaneous. This Agreement sets forth the entire liability of Cobra Back L.L.C. and its representatives and your exclusive remedy with respect to the Software, and is a complete statement of the agreement between you and Cobra Back L.L.C. Your license under this Agreement shall terminate immediately if you breach any of the terms or conditions of the Agreement, and Cobra Back L.L.C. is entitled to enforce its rights hereunder by an action for damages or by specific performance, injunctive or other equitable relief. Upon such termination, you must immediately uninstall the Software from your computer, return the Software to Cobra Back L.L.C. and destroy all backup copies.

Term and Termination. This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies.


This Agreement does not limit any rights that Cobra Back L.L.C. may have under trade secret, copyright, patent or other laws. The agents, employees, distributors, and dealers of Cobra Back L.L.C. are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Cobra Back L.L.C. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will be governed by the laws of the State of Illinois as applied to agreements entered into and to be performed entirely within Illinois without regard to its choice of law or conflicts of law principles and applicable federal law. You consent to the jurisdiction of the state and federal courts located in the State of Illinois for all disputes related to this Agreement.

Beta/Pre-Releases. In the event that the Software is a beta release or pre-release version, the terms of this Section shall apply. Your license to use the Software expires 120 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of the COBRA BACK L.L.C. Product that COBRA BACK L.L.C. intends to distribute. While COBRA BACK L.L.C. intends to distribute a commercial release of the Software, COBRA BACK L.L.C. reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the beta release or pre-release versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.

Export Restrictions. You acknowledge and agree that the Software is subject to U.S. export restrictions and to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree to comply with all applicable international and national laws that apply to the Software. You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts.


U.S. Government Restricted Rights.  The Software licensed under this License Agreement is “commercial computer software” as the term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 48 C.F.R. 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S.Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFAR”) and its successors.

U.S. Government Restricted Rights.  The Software licensed under this License Agreement is “commercial computer software” as the term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 48 C.F.R. 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S.Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFAR”) and its successors.