MathType School License ORDER FORM
FOR ACCURATE PROCESSING, TYPE DIRECTLY ONTO THE FORM. PRINT AND SIGN THIS ORDER FORM AND SEND WITH A PURCHASE ORDER OR OTHER PAYMENT INFORMATION BY MAIL TO DESIGN SCIENCE, INC., 140 PINE AVENUE, 4th FL, LONG BEACH, CA 90802, USA, BY FAX TO +1 (562) 432-2857, OR TO AN AUTHORIZED MATHTYPE RESELLER.
Legal Name of School Using MathType (hereinafter "Licensee")
School Address (not PO Box)

State/Province

Country

Billing Address

Billing Contacts Name Email Address Phone
License Administrators Name Email Address Phone
Department Heads Name Email Address Phone
License Type (select one) : Perpetual (

Subscription (

Number of Full and Part-time Math Teachers. Price per Math Teacher (see price chart).X $
Unless a Tax Exemption Number is submitted, the following states must add $_______ sales tax: California, Oregon, Texas, Minnesota, Mississippi, and North Carolina. Total. = $_______
Licensee, by signing below and submitting this ORDER FORM, hereby agrees to the TERMS AND CONDITIONS attached hereto. LICENSEE

Authorized Signature

Date (hereinafter Effective Date)

Print Name

Title
Page 1 School License Order Form

Ver 3_2011

MathType School License TERMS AND CONDITIONS

1. LICENSE GRANT.

a. Upon payment of all applicable fees and subject to the Terms and Conditions set forth herein, Design Science grants to Licensee a non-exclusive, non-transferable license to install and use MathType and its accompanying user documentation (hereinafter "Software") on school computers, and computers owned, operated and within the immediate control of Licensees faculty, staff and students. b. These Terms and Conditions hereby override the MathType End-user License Agreement enclosed in the individual Software packages. 2. UPGRADES AND RENEWALS The Terms and Conditions of this License automatically renew upon upgrade or renewal. 3. FULL AND PART-TIME MATH TEACHERS EMPLOYED. a. Licensee represents to Design Science that the initial Number of Full and Part-Time Math Teachers Employed indicated on the MathType School/District License ORDER FORM is the total number of full and parttime math teachers employed by Licensee on the Effective Date of this license. b. Licensee represents to Design Science that if the initial Number of Full and Part-Time Math Teachers Employed changes during the term of this License, Licensee shall notify said change to Design Science prior to upgrading or renewing the MathType School or District License. 4. LICENSE OPTIONS. a. Annual Subscription License. If Licensee opts for the Annual Subscription License on the MathType School License ORDER FORM: i. Licensee agrees to pay Design Science or its authorized reseller, an Annual License Fee on or before each anniversary of the Effective Date. ii. Annual License Fees shall be based on the then-current number of full and part-time math teachers employed on each anniversary date of the Effective Date. iii. In the event Licensee does not pay Design Science or its authorized reseller, the Annual License Fee on or before the anniversary of the Effective Date, Design Science at its sole option, may deactivate the Software. iv. v. Upgrades to the Software shall be made available only if Annual License Fees are paid in full. The upgraded Software shall be used in accordance with this license.
b. Perpetual License. If upgrades to the Software are purchased, they must be purchased for the entire school or school district. Individual upgrades may not be purchased for the Software covered under this license. Once an upgrade is purchased, the upgraded Software shall be used in accordance with this license. 5. SOFTWARE REPLACEMENT. a. Licensee will use reasonable efforts to restrict access to the Software by anyone who is not authorized to use the Software. b. In the event Design Science deems that the Software is not being used as authorized by this license, Design Science at its sole option may deactivate the Software and provide Licensee with a replacement Software license key. 6. TERMINATION. In the event of a material breach of any provision of this license, which breach is not cured thirty (30) days after written notice thereof by the non-breaching party, the non-breaching party may immediately terminate this license. If Design Science is the non-breaching party, Design Science at its sole option, may deactivate the Software. 7. PROTECTION OF SOFTWARE. a. Proprietary Notices. Licensee agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the Software or output generated by the Software, and to reproduce and include same on each copy of the Software.

Page 2 School License Terms and Conditions
b. No Reverse Engineering. Licensee agrees not to modify, reverse engineer, disassemble, or decompile the Software, or any portion thereof. c. Ownership. Licensee further acknowledges that all copies of the Software in any form provided by Design Science or made by Licensee are the sole property of Design Science. Licensee shall not have any right, title, or interest to any such Software or copies thereof except as provided in this license, and shall take no action regarding Software inconsistent with maintenance of Design Sciences proprietary right therein. 8. REPRODUCTION AND COPYRIGHTS.
Licensee acknowledges that the Software is protected under the Copyright Act of 1976 (17 U.S.C. 101 et seq. as amended) and other international conventions. Except as herein specifically provided, Licensee may not copy or otherwise reproduce any part of the Software without the prior written consent of Design Science. 9. DISCLAIMER OF WARRANTIES.
DESIGN SCIENCE DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE WARRANTIES STATED IN THIS SECTION ARE THE SOLE AND THE EXCLUSIVE WARRANTIES OFFERED BY DESIGN SCIENCE. THERE ARE NO OTHER WARRANTIES RESPECTING THE SOFTWARE OR SERVICES PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF DESIGN SCIENCE HAS BEEN INFORMED OF SUCH PURPOSE. NO AGENT OF DESIGN SCIENCE IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF DESIGN SCIENCE AS SET FORTH HEREIN. 10. LIMITATION OF LIABILITY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH DESIGN SCIENCE IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY DESIGN SCIENCE OF THE RISK OF LICENSEE'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH LICENSEE'S USE OR DISTRIBUTION OF SOFTWARE. ACCORDINGLY, LICENSEE AGREES THAT DESIGN SCIENCE SHALL NOT BE RESPONSIBLE TO LICENSEE FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LICENSING OR USE OF THE SOFTWARE. 11. HEADINGS. Headings and sub-headings are for convenience only and shall not be deemed to be a part of these Terms and Conditions. 12. NOTICES. Any notice, payment or other communication required or permitted to be given hereunder shall be given in writing and delivered in person, by FedEx Air, UPS Air, registered mail, facsimile, or email, properly addressed and stamped with the required postage, to the intended recipient at its address, facsimile number or email address specified on the Order Form of this license. Any notice or other communication delivered in person, by facsimile (with confirmation), or email (but only if actually received by the recipient), will be deemed to have been received the first business day after it is sent. Any notice, payment or other communication sent by FedEx Air or UPS Air will be deemed to have been received on the second business day after it is sent. Any notice, payment of other communication sent by registered mail will be deemed to have been received on the fifth business day after its date of posting. Design Sciences address is Design Science, Inc., 140 Pine Avenue, 4th Floor, Long Beach, California 90802, USA, and Attention: Office Manager, fax +1 (562) 432-2857, email sales@dessci.com. Licensees address is the billing address, fax and email and to the attention of the Billing Contact. Either party may from time to time change its address by giving the other party notice of the change in accordance with this paragraph 12.

Page 3 School License Terms and Conditions

MathType Site License ORDER FORM
FOR ACCURATE PROCESSING, TYPE DIRECTLY ONTO THE FORM. PRINT AND SIGN THIS ORDER FORM AND SEND WITH A PURCHASE ORDER OR OTHER PAYMENT INFORMATION BY MAIL TO DESIGN SCIENCE, INC., 140 PINE AVENUE, 4th FL, LONG BEACH, CA 90802, USA, BY FAX TO +1 (562) 432-2857, OR TO AN AUTHORIZED MATHTYPE RESELLER.
Legal Name of Organization/Department (hereinafter "Licensee")
Street Address (not PO Box)

State/Province

Country

Billing Address

Billing Contacts Name Email Address Phone
License Administrators Name Email Address Phone
License Type (select one) : Perpetual (

Subscription (

Site Description _____________________________________________________ (A site may be defined as an entire organization, department or division within the organization, or a physical site/geographic location). Full/Part-time Employees. Price per Employee (see price chart). X Unless a Tax Exemption Number is submitted, the following states must add sales tax: California, Oregon, Texas, Minnesota, Mississippi, and North Carolina. Total = $
Licensee, by signing below and submitting this ORDER FORM, hereby agrees to the TERMS AND CONDITIONS attached hereto. LICENSEE

Authorized Signature

Date (hereinafter Effective Date)

Print Name

Title
Page 1 MathType Site License Order Form

Ver 3_2011

MathType Site License TERMS AND CONDITIONS

1. LICENSE GRANT.

a. Upon payment of all applicable fees and subject to the Terms and Conditions set forth herein, Design Science grants to Licensee a non-exclusive, non-transferable license to install and use MathType and its accompanying user documentation (hereinafter "Software") on computers owned, operated and within the immediate control of Licensees employees. b. These Terms and Conditions hereby override the MathType End-user License Agreement enclosed in the individual Software packages. 2. UPGRADES AND RENEWALS
The Terms and Conditions of this License automatically renew upon upgrade or renewal. 3. FULL AND PART-TIME EMPLOYEES. a. Licensee represents to Design Science that the number of Full and Part-Time Employees indicated on the MathType Site License ORDER FORM is the total number of full and part-time employees employed by Licensee at the defined Site on the Effective Date of this license. b. Licensee represents to Design Science that if the initial Number of Full and Part-Time Employees changes during the term of this License, Licensee shall notify said change to Design Science prior to upgrading or renewing the MathType Site License. 4. LICENSE OPTIONS.
a. Annual Subscription License. If Licensee opts for the Annual Subscription License on the MathType Site License ORDER FORM: i. Licensee agrees to pay Design Science or its authorized reseller, an Annual License Fee on or before each anniversary of the Effective Date of this license. ii. Annual License Fees shall be based on the then-current number of full and part-time employees with the indicated job description employed on each anniversary date of the Effective Date of this license. iii. In the event Licensee does not pay Design Science the Annual License Fee on or before the anniversary of the Effective Date of this license, Design Science at its sole option, may deactivate the Software. iv. v. Upgrades to the Software shall be made available only if Annual License Fees are paid in full. The upgraded Software shall be used in accordance with this license.

b. Perpetual License. If upgrades to the Software are purchased, they must be purchased for the entire site. Individual upgrades may not be purchased for the Software covered under this license. Once an upgrade is purchased, the upgraded Software shall be used in accordance with this license. 5. SOFTWARE REPLACEMENT.
a. Licensee will use reasonable efforts to restrict access to the Software by anyone who is not authorized to use the Software. b. In the event Design Science deems that the Software is not being used as authorized by this license, Design Science at its sole option may deactivate the Software and provide Licensee with a replacement Software license key. 6. TERMINATION.
In the event of a material breach of any provision of this license, which breach is not cured thirty (30) days after written notice thereof by the non-breaching party, the non-breaching party may immediately terminate this license. If Design Science is the non-breaching party, Design Science at its sole option, may deactivate the Software. 7. PROTECTION OF SOFTWARE.
a. Proprietary Notices. Licensee agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the Software or output generated by the Software, and to reproduce and include same on each copy of the Software.
Page 2 MathType Site License Terms and Conditions
b. No Reverse Engineering. Licensee agrees not to modify, reverse engineer, disassemble, or decompile the Software, or any portion thereof. c. Ownership. Licensee further acknowledges that all copies of the Software in any form provided by Design Science or made by Licensee are the sole property of Design Science. Licensee shall not have any right, title, or interest to any such Software or copies thereof except as provided in this license, and shall take no action regarding Software inconsistent with maintenance of Design Sciences proprietary right therein. 8. REPRODUCTION AND COPYRIGHTS.
Licensee acknowledges that the Software is protected under the Copyright Act of 1976 (17 U.S.C. 101 et seq. as amended) and other international conventions. Except as herein specifically provided, Licensee may not copy or otherwise reproduce any part of the Software without the prior written consent of Design Science. 9. DISCLAIMER OF WARRANTIES.

DESIGN SCIENCE DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE WARRANTIES STATED IN THIS SECTION ARE THE SOLE AND THE EXCLUSIVE WARRANTIES OFFERED BY DESIGN SCIENCE. THERE ARE NO OTHER WARRANTIES RESPECTING THE SOFTWARE OR SERVICES PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF DESIGN SCIENCE HAS BEEN INFORMED OF SUCH PURPOSE. NO AGENT OF DESIGN SCIENCE IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF DESIGN SCIENCE AS SET FORTH HEREIN. 10. LIMITATION OF LIABILITY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH DESIGN SCIENCE IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY DESIGN SCIENCE OF THE RISK OF LICENSEE'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH LICENSEE'S USE OR DISTRIBUTION OF SOFTWARE. ACCORDINGLY, LICENSEE AGREES THAT DESIGN SCIENCE SHALL NOT BE RESPONSIBLE TO LICENSEE FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LICENSING OR USE OF THE SOFTWARE. 11. HEADINGS. Headings and sub-headings are for convenience only and shall not be deemed to be a part of this license. 12. NOTICES. Any notice, payment or other communication required or permitted to be given hereunder shall be given in writing and delivered in person, by FedEx Air, UPS Air, registered mail, facsimile, or email, properly addressed and stamped with the required postage, to the intended recipient at its address, facsimile number or email address specified on the Order Form of this license. Any notice or other communication delivered in person, by facsimile (with confirmation), or email (but only if actually received by the recipient), will be deemed to have been received the first business day after it is sent. Any notice, payment or other communication sent by FedEx Air or UPS Air will be deemed to have been received on the second business day after it is sent. Any notice, payment of other communication sent by registered mail will be deemed to have been received on the fifth business day after its date of posting. Design Sciences address is Design Science, Inc., 140 Pine Avenue, 4th Floor, Long Beach, California 90802, USA, and Attention: Office Manager, fax +1 (562) 432-2857, email sales@dessci.com. Licensees address is the billing address, fax and email and to the attention of the Billing Contact. Either party may from time to time change its address by giving the other party notice of the change in accordance with this paragraph 11.

Page 3 MathType Site License Terms and Conditions