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SINGLE
USER COURSE LICENSE AGREEMENT
1. ACCEPTANCE: By clicking on the "I Agree" button or by accessing
or using after viewing this license any of the e-learning courses ("Course(s)")
which you have selected, you are agreeing to the terms of this Single User
Course License Agreement ("Agreement"). Please read this Agreement
carefully. If you do not accept the following terms, click on "I Decline,"
you will not be permitted access to the Courses and the transaction will
not be completed.
This is an
Agreement between you, either individually or as an authorized representative
of a single company, institution or entity and "Licensor" as
identified below. This Agreement goes into full effect (the "Effective
Date") after you have accepted the terms of this Agreement and the
payment information (credit card number) you provide for the Courses which
you have selected ("Licensed Course(s)") is accepted by Licensor.
2. TERM:
The term of this Agreement shall commence on the Effective Date and shall
continue for a term ("Term") of one (1) year. Once the Term
ends, this license will automatically terminate as to the Licensed Courses.
You will not be able to replay the Licensed Courses at a later time unless
you pay a new license fee and once again agree to accept the terms of
a license agreement.
3. TITLE:
Licensor or its suppliers are the exclusive owners of the Licensed Courses.
Title to the Licensed Courses, or any copy, modification or merged portion
of the Licensed Courses, shall at all times remain with Licensor.
4. LICENSE:
Licensor grants to you a temporary, non-exclusive, non-transferable license
to access the Licensed Courses at Internet URLs specified by Licensor
from time to time and to display the Licensed Courses only on a single
designated computer at any one time. The right of access granted in this
License Agreement is provided only to a single individual. Such individual
is the only person who may view or access the Course throughout the term
of this Agreement. Plug-ins and other executable files downloaded to you
when you display the Licensed Courses may be used following the end of
the Term, but only for your own individual use.
5. RESTRICTIONS:
You may not: (a) sublicense, assign, transfer, distribute or rent the
Licensed Courses; (b) use, copy or modify the Licensed Courses, in whole
or in part, except as expressly permitted in this Agreement; (c) Take
any action designed to unlock or bypass any restrictions on number of
users or access to the Licensed Courses; or (d) access any of the Licensed
Courses after the end of the license term. There are no implied licenses.
You agree not to exceed the scope of the licenses granted herein.
6. CHARGES
AND PAYMENT: You agree to pay all charges for your use of the Licensed
Courses in the currency in which the charges are billed and at the prices
displayed to you as of your selection of the Licensed Courses. All charges
are exclusive of value added, sales or other taxes, which you agree to
pay. Payment must be made by debit or credit card designated by you for
Licensor' use during the Licensed Course registration process, and charges
are payable on the Effective Date. If payment is not received by Licensor
from the card issuer or its agents, you agree to pay all amounts due upon
demand of Licensor. Your card issuer's agreement governs your use of your
designated card, and you must refer to that agreement and not this Agreement
with respect to your rights and liabilities as a cardholder.
7. DISCLAIMER
OF WARRANTY AND REMEDY: EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT,
ALL LICENSED COURSES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES
OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN
LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE LICENSED COURSES.
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, NONINFRINGEMENT, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU, THE USER. LICENSOR AND LICENSOR'S DIRECT
AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR,
SPECIFIC OR OTHERWISE OR NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY
RIGHTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION
TO JURISDICTION.
Licensor
does not warrant that the functions contained in the Licensed Courses
will meet your requirements or expectations or that the operation of the
Licensed Courses will be entirely error free, or appear precisely as described
in the Licensed Courses' documentation.
8. LIMITATION
OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL LICENSOR OR LICENSOR'S DIRECT OR INDIRECT SUPPLIERS BE LIABLE
TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY
TO USE THE LICENSED COURSES, EVEN IF LICENSOR HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY CONSTITUTE
AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER
PRODUCTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. TERMINATION:
Upon the violation of any of the provisions of this Agreement, your right
to access and display the Licensed Courses shall automatically terminate.
10. EXPORT
LIMITATIONS: None of the Licensed Courses or underlying information or
technology may be displayed, downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) any country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By agreeing to the terms of this Agreement, you
are agreeing to the foregoing and you are representing and warranting
that you are not located in, under the control of, or a national or resident
of any such country or on any such list.
11. GOVERNMENT
USERS: This Agreement defines the rights of any United States Government
user to the Licensed Courses, except where contrary to law. In the event
applicable law does not permit this license to define the rights of United
States Government users, the Licensed Courses are provided with RESTRICTED
RIGHTS, and use, duplication or disclosure by the Government is subject
to restrictions as set forth in subparagraph (a)(14) of the Rights in
Noncommercial Computer Software and Noncommercial Computer Software Documentation
clause, DFARS 252.227-7014 (JUN 1995), or subparagraphs (c)(1) and (2)
of the Commercial Computer Software Restricted Rights clause, FAR 52.227-19
(JUN 1987). The Manufacturer is MindLeaders.com, Inc.
12. LICENSOR:
MindLeaders.com, Inc., formerly known as DPEC, Inc. is the "Licensor"
of the Licensed Courses.
13. NOTICES:
Notices given by Licensor to you will be given by email or by conventional
mail. Notices will be sent to the email address or mailing address you
provide Licensor as part of the Licensed Course registration process,
or to updated addresses which you provide Licensor by notice given consistent
with this provision. Notices given by you to Licensor must be given by
email and addressed to legal@mindleaders.com, by conventional mail sent
to MindLeaders.com, Inc., Attn: Legal Department, 851 3rd Avenue, Building
3, Columbus, Ohio 43212, or by telecopied letter sent to 1-614-880-1910,
Attn: Legal Department, or such updated addresses which Licensor may provide
you by notice given consistent with this provision.
14. GENERAL:
If any provision of this Agreement is held to be unenforceable, the enforceability
of the remaining provisions shall in no way be affected or impaired thereby.
This Agreement shall be governed by the local laws of the State of Ohio,
United States of America, applicable to contracts performed entirely in
that state. If you have any questions concerning this Agreement, you should
contact Licensor at the address set forth in the "Notices" provision
above or call us at 1-800-223-3732, or fax us at 1-614-781-6510.
YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND, BY CLICKING ON THE BUTTON MARKED
"I AGREE" INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS.
YOU ALSO AGREE THAT THIS IS THE COMPLETE AGREEMENT BETWEEN YOU AND LICENSOR
AND IT SUPERSEDES
ANY OTHER INFORMATION YOU MAY HAVE RECEIVED RELATING
TO THE SUBJECT MATTER OF THIS AGREEMENT.
If you agree to the terms of the license, indicate your agreement by clicking
the "I agree" button. If you do not agree to the terms of the
license, click on the "I decline" button.
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