LEARNER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS BEFORE USING YOUR ‘LEARNER LICENSE ID’ TO ACCESS THIS e-LEARNING TRAINING PRODUCT. USING YOUR ‘LEARNER ID’ INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT FROM THIS COURSE.
1. GRANT OF LICENSE. In consideration of payment of the License Fee, which is part of the price you or your organization paid for this e-Learning Training Product, you, the Licensee, are granted a non-exclusive, non-transferable LICENSE to use the e-Learning Training Product to train yourself only.
- YOU WILL BE THE ONLY PERSON USING THIS LEARNER LICENSE ID – NO SHARING!!!
- YOU WILL ONLY USE THIS LEARNER LICENSE ID FOR YOUR OWN TRAINING PURPOSES.
If you want others, such as students in a class, to have access to the e-Learning Training Product, then you must assure that each person is properly licensed with their own, unique ‘Learner License ID’.
2. OWNERSHIP OF THE e-LEARNING TRAINING PRODUCT. As the Licensee, you only own access to the e-Learning Training Products. The Licensor, owner of the e-Learning Training Product, retains all title, copyright, trademark and other proprietary rights in and to the e-Learning Training Product. This LICENSE is NOT a sale of the e-Learning Training Product or any copy of it. You, the Licensee, obtain only such rights as are provided in this Agreement. You understand and agree as follows:
2.1 You may NOT make any additional copies of all or any part of the e-Learning Training Product.
2.2 You may NOT reverse compile, reverse assemble, reverse engineer, modify, incorporate in whole or in part in any other product or create derivative works based on all or any part of the e-Learning Training Product.
2.3 You may NOT remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the e-Learning Training Product.
2.4 You may NOT sell, license, sublicense, rent, or otherwise transfer the e-Learning Training Product.
2.5 You are required to protect the confidentiality of the e-Learning Training Product. You may not distribute or otherwise make the e-Learning Training Product available to any third party.
3. TERM. The term of this LICENSE will continue until its expiration or you exceed your access time limits. Licensor may terminate this LICENSE, for cause, if Licensor gives written notice to you specifying any default in any provision of this LICENSE and you fail to cure said failure or default to the satisfaction of Licensor immediately after such notice.
4. LICENSEE'S RESPONSIBILITIES FOR SELECTION AND USE OF THE e-LEARNING TRAINING PRODUCT. The e-Learning Training Product is a tool that Licensor hopes you will find useful in your training efforts. HOWEVER, Licensor DOES NOT WARRANT THAT THE e-LEARNING TRAINING PRODUCT IS ACCURATE OR COMPLETE WITH RESPECT TO LAWS, REGULATIONS, PRACTICES, OR ANY OF THE FACTS OR OPINIONS EXPRESSED IN THE e-LEARNING TRAINING PRODUCT. You are responsible for: (a) selecting the e Learning Training Product to achieve your intended results; (b) determining the appropriate uses of the e Learning Training Product in your business; and (c) establishing adequate independent procedures for testing the accuracy of the e-Learning Training Product.
5.1 Warranty. Subject to the other provisions in Articles 4 and 5 of this Agreement, Licensor warrants that, for a period of 90 days from receipt by you, the e-Learning Training Product (the "Software") will conform in all material respects to the user documentation furnished to you. Licensor's sole responsibility under this warranty will be, at its option, (1) to use reasonable efforts to correct documented errors in said Software that are reported to it within the foregoing warranty period or (2) to refund a prorated portion of the net license fee paid to Licensor with respect to the license of the e-Learning Training Product. Licensor does not warrant that the Software will be error free, nor that all program errors will be corrected. All requests for Software warranty assistance shall be directed to Licensor. Asserted errors must be documented by you to Licensor, detailing the error, describing how to recreate the error, and including, if available, sample output.
5.2 Exceptions. Licensor's warranty does not apply insofar as: (a) any Software is subjected to misuse, neglect, accident or exposure to environmental conditions beyond those specified by Licensor; (b) claims resulting from acts or omissions caused by persons other than Licensor or from products, material or software not provided by Licensor; (c) you use Software that does not include all updates available from Licensor or (d) a guaranteed level of performance when related to connectivity and delivery over the internet.
5.3 Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 5 IS THE ONLY WARRANTY GIVEN BY LICENSOR WITH RESPECT TO ANY e-LEARNING TRAINING PRODUCT FURNISHED HEREUNDER; LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE; AND SPECIFICALLY DISCLAIMS THE WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. SAID EXPRESS WARRANTY SHALL NOT BE ENLARGED OR OTHERWISE AFFECTED BY LICENSOR'S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE e-LEARNING TRAINING PRODUCT. LICENSOR SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE e-LEARNING TRAINING PRODUCT. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. LIMITATIONS ON REMEDIES. Licensor's liability in contract, tort or otherwise arising out of or in connection with any e-Learning Training Product, any output of any Software, or Licensor's sales or license agreement with you shall not exceed the net license fee paid to Licensor for the e-Learning Training Product. IN NO EVENT SHALL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE e-LEARNING TRAINING PRODUCT OR LICENSOR'S PERFORMANCE OF SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTE: SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are a government agency, you acknowledge that the e-Learning Training Product was developed at private expense and that the computer software component is provided to you subject to RESTRICTED RIGHTS, as defined in 48 CFR Part 227.471, and all other technical data are provided to you subject to LIMITED RIGHTS, as defined in 48 CFR Part 227.471.
RESTRICTED RIGHTS LEGEND--Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software (May, 1987) clause at 252.227-7013 (48 CFR). Contractor/manufacturer is The Quality Group, Inc. (d.b.a. OpusWorks)/ 5825 Glenridge Drive, Building 3, Suite 101/Atlanta, GA 30328.
8.1 The terms of this LICENSE shall be construed in accordance with the substantive laws of the State of Georgia.
8.2 If you have any questions about this Agreement, contact The Quality Group (d.b.a. OpusWorks®) at 5825 Glenridge Drive, Suite 3-101, Atlanta, GA 30328.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND LICENSOR WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND LICENSOR RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.