LabSim products sold via the TestOut web site are Single User Licenses.
Multi-User licenses are available for those who need training for multiple users such as IT staff or students. Call 800-877-4889 for Multi-User licensing options.

Single-User License Agreement

This is a legal agreement between you (either an individual or an entity) and TestOut Corporation ("TestOut").  By using or installing this Software, you agree to be bound by the terms of this agreement:
1. Grant of License. TestOut grants you the right to use one copy of the TestOut software programs included in this case (the SOFTWARE) on up to 7 (seven) computers and used by one single person. (Note: Licenses for unlimited use on a single computer or multi-user licenses may also be purchased.  Contact TestOut for details on unlimited and multi-user licensing).

The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of the computer. You may not network the SOFTWARE or otherwise use it on more than one computer or computer terminal at the same time.  The SOFTWARE is licensed, not sold.

2. Copyright. The SOFTWARE is owned by TestOut and is protected by United States copyright laws and international copyright treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.

3. Other Restrictions. You may not assign, sublicense, sell, loan, convey, rent or lease the SOFTWARE. You may not alter, modify, reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.

4.  Term: This Agreement is effective upon installing the SOFTWARE and remains in effect until terminated. You may terminate this Agreement by destroying the SOFTWARE and any copy thereof. This Agreement will also terminate if you fail to comply with any of the terms of this Agreement. In addition to TestOut enforcing its legal rights, you must then promptly destroy the SOFTWARE and any copy thereof.

5.  Severability: In the event that any provision of this Agreement is declared or found to be illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void within the jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall remain in full force and effect.

6. ACKNOWLEDGMENT: BY USING OR INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND TestOut CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND TestOut RELATING TO THE SUBJECT MATTER HEREOF. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF TestOut.

DISCLAIMER OF WARRANTY
The SOFTWARE (including instructions for its use) is provided "as is" without warranty of any kind. TestOut further disclaims all implied warranties including without limitation any implied warranties of merchantability or of fitness for a particular purpose. The entire risk arising out of the use or performance of the SOFTWARE and documentation remains with you.

In no event shall TestOut, its authors, or anyone else involved in the creation, production, or delivery of the SOFTWARE be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the SOFTWARE or documentation, even if TestOut has been advised of the possibility of such damages. Because some States/Countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of 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 48 CFR 52.227-19, as applicable.  Manufacturer is TestOut Corporation, 50 South Main St., Pleasant Grove, UT 84062.

If you acquire this product in the United States, this Agreement is governed by the laws of the State of Utah. Should you have any questions concerning this Agreement, or if you desire to contact TestOut for any reason, please write: TestOut, 50 South Main St., Pleasant Grove, UT 84062.