The accompanying executable code version of IMS Schema Prof and related documentation (the "Product") is made available to you under the terms of this IMS SCHEMA PROF END-USER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT"). BY INSTALLING OR USING THE IMS SCHEMA PROF TOOL, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE ANY PART OF THE IMS SCHEMA PROF TOOL

INSTALLATION AND USE OF THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS.

1. LICENSE GRANT. IMS Global Learning Consortium, Inc. grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by IMS GLC that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.

2. TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.

3. PROPRIETARY RIGHTS.. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of IMS Global Learning Consortium, Inc. or its licensors.

4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

5. EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.

6. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between IMS Global Learning Consortium, Inc. and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of IMS. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) Except as required by law, the controlling language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; IMS Global Learning Consortium, Inc.may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

© COPYRIGHT

Copyright notice applicable to IMS Global Learning Consortium, Inc.'s IMS Schema Prof Software and Documentation.

© 2004-2006 Universität Koblenz-Landau, Institut für Wissensmedien (IWM)

- This product includes software developed by the Eclipse Foundation.
(http://www.eclipse.org)

- This product includes software developed by the Apache Software Foundation.
(http://www.apache.org)

Copyright © 2006 by IMS Global Learning Consortium, Inc. All Rights Reserved.

IMS SchemaProf Website
The latest version of the software, a user manual, tutorials and source code is available at http://www.imsglobal.org/profile/.

Contact
info@imsglobal.org