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Terms of Use

  • 1
    Score95.com grants to Recipient a limited, non-exclusive, nontransferable, subscription to use the Product, solely for the study of USMLE STEP 1, STEP 2 CK, and STEP 3. All other rights are reserved to Score95.com. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer any portion of the Product. Recipient may not reverse engineer, decompile or disassemble any portion of the Product, except and only to the extent that this limitation is expressly prohibited by applicable law notwithstanding this limitation.
  • 2
    TERM OF AGREEMENT. The term of this Agreement shall commence on the date purchased by Recipient and shall continue until time period of subscription expiration. This Agreement will terminate if the end user posts his/her username and password on internet forums, thus allowing individuals to access product without our express written consent. Our Disclosure of Your Information.
  • 3
    CONFIDENTIALITY. The Product, including its existence and features, and related information are proprietary and confidential information to Score95.com and its employees. Recipient agrees not to disclose or provide the Product, documentation, or any related information to any third party, for a period of one year following receipt of the Product or until commercial release of the Product, whichever occurs first; provided that thereafter, Recipient agrees not to disclose or provide to any third party any information that has not been made public. However, Recipient may disclose confidential information in accordance with judicial or other governmental order, provided Recipient shall give Score95.com reasonable written notice prior to such disclosure and shall comply with any applicable protective order or equivalent.
  • 4
    INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Product (including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Software and any features incorporated into the Hardware or Services), and any copies of the Product that Recipient is expressly permitted to make herein, are owned by Score95.com or its employees. All title and intellectual property rights in and to the content which may be accessed through use of the Product are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants Recipient no rights to distribute such content. If the Product contains documentation which is provided only in electronic form, Recipient may print one copy of such electronic documentation. Recipient may not copy the printed materials accompanying the Product. All rights not expressly granted are reserved by Score95.com.
  • 5
    DISCLAIMER OF WARRANTIES.The product is deemed accepted by recipient. To the maximum extent permitted by applicable law, score95.Com and its employees provide the product and any (if any) support services related to the product (“support services”), and hereby disclaim with respect to the product and support services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence.
  • 6
    EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall score95.Com or its employees be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of product.
  • 7
    LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that recipient might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of score95.Com and any of its employees under any provision of this agreement and recipient’s exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to the greater of the amount actually paid by recipient for the product or price of your subscription. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
  • 8
    INTELLECTUAL PROPERTY RIGHTS. GOVERNING LAW/JURISDICTION/ATTORNEYS’ FEES. This Agreement shall be construed and controlled by the laws of the United States of America, and Recipient consents to exclusive jurisdiction and venue in the federal courts sitting in the United States of America. Recipient waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and other expenses.
  • 9
    ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between Score95.com and Recipient with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of Score95.com and Recipient.
  • 10
    ALL SALES ARE FINAL. The only exception to this term is if the program does not work on your computer.
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