EGRADER SOFTWARE LICENSE AGREEMENT

1. Grant of License

Skye Publications grants Customer a non-transferable, non-exclusive worldwide license to use Skye Publication's computer software (the "Software") for the purpose of distributing Customer's own computer software and to copy and distribute those portions of eGrader which are automatically embedded into Customer's software, subject to the terms and conditions of this agreement. Legal title to the Software and Software documentation provided under this agreement shall remain in Skye Publications as its sole property, subject to Customer's rights as specified in this agreement.

2. Use of Software

a.Skye Publications represents that it is the owner of the Software and that it has the right to grant the License. The parties agree that the Software is the sole and exclusive property of Skye Publications, including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this agreement.

b.Customer will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by Skye Publications. Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form.

c.The term of this license is a one year period commencing on the date of this agreement, and continuing thereafter for a successive one year period subject to Paragraph "d" of this section, and to the terms and conditions of this agreement, unless terminated in accordance with provisions of Section 5.

d.This Agreement shall be automatically renewed for additional one (1) year periods at no additional fee unless Customer notifies Skye Publications, in writing, of its desire to discontinue this Agreement at least thirty (30) days prior to the expiration of a term of this Agreement.

3. Terms of Payment

a.Customer shall pay one flat fee for use of the Software. The fee is indicated in Schedule A, attached to this document. Customer agrees to pay Skye Publications the license fee in advance. Customer agrees that the license is solely for a single product of the Customer's indicated in Schedule A and its enhancements and successors.

b.If customer wishes to upgrade to a greater number of copies per year license, the price will be 125% of the price difference between the two licenses.

c.Demo copies of Customer's software shall not be counted toward the total number of copies allowed under this license.

4. Warranty

a.EXCEPT AS EXPRESSLY SET FORTH HEREIN, SKYE PUBLICATIONS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In the event Skye Publications fails to remedy material defects in the Software, Customer's sole remedy shall be to receive a refund of any license fees paid hereunder for the current term of this License.

b.SKYE PUBLICATIONS SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE TO LICENSEE OR ANY SUB-LICENSEES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF SKYE PUBLICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SKYE PUBLICATIONS 'S LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER EXCEED THE PAYMENTS MADE BY CUSTOMER TO SKYE PUBLICATIONS UNDER THIS AGREEMENT.

c.Skye Publications shall be relieved of any and all obligations with respect to this section for any portions of the Software that are revised, changed, modified, or maintained by anyone other than Skye Publications.

5. Default

Either party has the right to terminate this agreement and any license granted, on written notice to the other party if such other party (1) materially fails to perform any of its obligations under this agreement, and if such failure remains uncured for a period of 30 days, or (2) takes action to liquidate and dissolve, become insolvent, suffers an appointment of a receiver, assigns all or part of its assets for the benefit of creditors, or is involved in any proceeding (voluntary or involuntary) under any bankruptcy or insolvency laws. On any such termination by Skye Publications, Customer agrees to make no further use of the Software.

6. Governing Law

This agreement shall be construed and the legal relation between the parties determined in accordance with laws of the state of Texas.

7. Assignment

This agreement shall be binding and shall be for the benefit of the parties and their respective successors, and permitted assignees, and not for the benefit of any other person or legal entity. Customer, however, shall not assign this agreement or rights or obligations under the agreement without first obtaining the prior written consent of Skye Publications. Such consent shall not be unreasonably withheld.

8. Relationship of Parties

Each party is an independent contractor and not an agent or partner of, or joint venturer with, the other party for any purpose, and neither party shall by virtue of this agreement have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.

9. Additional Copies

Within thirty days of initial shipment of Customers product specified in Schedule A, Customer agrees to provide to Skye Publications, at no charge, three Not For Resale copies of said product including any updates.

10. Notices

All notices required by or related to this agreement shall be in writing and sent to the party at the addresses below by regular, U.S. mail.

Only $7.95
(Per License, Windows Only)

When you purchase your license for eGrader you are supporting a fellow teacher and giving me the opportunity to continue to develop great applications that will benefit teachers from all over the world.

Please click on the "Buy" button above and purchase your license today!  It's only $7.95 and you will be able to use the product immediately.  Thousands of teachers are already using eGrader, please join them and purchase your license today!

Thank you!

Sincerely,

 
David McLeod
Elementary School Teacher