In order to download software from Tropical Software

In order to download software from Tropical Software, you must accept the following license. Please read it and then click on the appropriate link at the bottom of this page.

LICENSE AGREEMENT FOR: Newton Score Card

The Tropical Software and Documentation License
PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE TROPICAL SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD OR USE THE TROPICAL SOFTWARE OR DOCUMENTATION.

1. License. The software and/or documentation accompanying this License, whether on disk, on compact disc, in read only memory, online, or any other media, the related documentation and other materials (collectively, the "Tropical Software") are licensed, not sold, to you by Tropical Software. The Newton Score Card in this package and any copies, modifications and distributions which this License authorizes you to make are subject to this License. The "look and feel" of the application, and the custom code that creates that look and feel, including but not limited to the "extras tabs" modification, are the exclusive copyright and property of the author, and may not be copied, used, or incorporated in other applications without the express written permission of Sam Tawfik.

2. Permitted Uses and Restrictions. This License allows you to install and use the Newton Score Card on your Newton. Additionally, you may not upload the Newton Score Card to electronic bulletin boards, web sites, or otherwise distribute it on magnetic or optical media without our express consent. THE NEWTON SCORE CARD IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL MACHINES, OR IN ANY CASE WHERE THE FAILURE OF THE NEWTON SCORE CARD COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, EMOTIONAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from Tropical Software if you fail to comply with any term(s) of this License.

3. Updates. Tropical Software shall have no obligation to provide you with future updates to the Newton Score Card Licensed under this Agreement.

4 . Disclaimer Of Warranty. You expressly acknowledge and agree that download and use of the Newton Score Card is at your sole risk. Newton Score Card is provided "AS IS" and without warranty of any kind and Tropical Software and Tropical Software's licensor(s) (for the purposes of Sections 7 and 8, Tropical Software and Tropical Software's licensor(s) shall be collectively referred to as "Tropical Software") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. TROPICAL SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE NEWTON SCORE CARD WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NEWTON SCORE CARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE NEWTON SCORE CARD WILL BE CORRECTED. FURTHERMORE, TROPICAL SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE NEWTON SCORE CARD OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TROPICAL SOFTWARE OR AN TROPICAL SOFTWARE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE NEWTON SCORE CARD PROVE DEFECTIVE, YOU (AND NOT TROPICAL SOFTWARE OR AN TROPICAL SOFTWARE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE LICENSE FEES FOR THE NEWTON SCORE CARD REFLECT THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

5. Limitation Of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL TROPICAL SOFTWARE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE NEWTON SCORE CARD, EVEN IF TROPICAL SOFTWARE OR AN TROPICAL SOFTWARE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In addition, in no event shall Tropical Software's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence or otherwise) exceed the amount paid for this License.

6. Copyright & Trademark. (a) As a condition of Tropical Software's license grant, you shall not remove any copyright notices or proprietary legends contained within the Tropical Software.

7. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Newton Score Card and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Tropical Software.