Carefully read the following terms and conditions before opening the sealed DVD sleeve or downloading the software. Opening the DVD sleeve or downloading the software indicates your acceptance of the terms and conditions listed below.
The Mplus DVD and download contains several versions of Mplus. The Mplus Single-User License allows for the use of only one of these programs. Using more than one is a violation of the Mplus Single-User License Agreement.
Muthén & Muthén grants you the non-exclusive right to use the copyrighted computer program Mplus and the accompanying written materials. You assume responsibility for the selection of Mplus to achieve your intended results, and for the installation, use, and results obtained from Mplus.
1. Copy and Use Restrictions. Mplus and the accompanying written materials are copyrighted. Unauthorized copying of Mplus and the accompanying written materials is expressly forbidden. One copy of Mplus may be made for backup purposes, and it may be copied as part of a normal system backup. Mplus may be transferred from one computer to another but may only be used on one computer at a time.
2. Transfer Restrictions. The Mplus license may be transferred from one individual to another as long as all copies of the program and documentation are transferred, registered, and the recipient agrees to the terms and conditions of this agreement.
3. Termination. The license is effective until terminated. You may terminate it at any time by destroying the written materials and all copies of Mplus, including modified copies, if any. The license will terminate automatically without notice from Muthén & Muthén if you fail to comply with any provision of this agreement. Upon termination, you shall destroy the written materials and all copies of Mplus, including modified copies, if any, and shall notify Muthén & Muthén of same.
4. Limited Warranty. Muthén & Muthén warrants that for ninety (90) days after purchase, Mplus shall reasonably perform in accordance with the accompanying documentation. Muthén & Muthén specifically does not warrant that Mplus will operate uninterrupted and error free. If Mplus does not perform in accordance with the accompanying documentation, you may notify Muthén & Muthén in writing of the non-performance within ninety (90) days of purchase.
5. Customer Remedies. Muthén & Muthén and its supplier’s entire liability and your exclusive remedy shall be, at Muthén & Muthén’s option, either return of the price paid, or repair or replacement of the defective copy of Mplus and/or written materials after they have been returned to Muthén & Muthén with a copy of your receipt.
6. Disclaimer of Other Warranties. Muthén & Muthén and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, any implied warranties of fitness for a particular purpose or merchantability. Muthén & Muthén disclaims all other warranties including, but not limited to, those made by distributors and retailers of Mplus. This license agreement gives you specific legal rights. You may have other rights that vary from state to state.
7. Disclaimer. In no event shall Muthén & Muthén or its suppliers be liable for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use Mplus even if Muthén & Muthén or its suppliers have been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.
8. Return Policy: All sales are final. Software purchased on-line through our website is considered opened at the time of purchase. This also applies to hard copy purchases because downloads are made available at the time of purchase. In rare instances, and only within 30 days of purchase, if due to technical difficulties or platform incompatibilities, the software will not function, we may, at our discretion, issue a refund. In such instances, an LOD (Letter Of Destruction) on company letterhead will be required to process the refund.
This agreement is governed by the laws of the State of California.