|
CLICK 4 COMPLIANCE LLC End-User Software License Agreement By clicking on the “I agree” button on this screen, you accept the terms of this End-User Software License Agreement (“this Agreement”), whether you are a paying customer, directly or indirectly, of Click 4 Compliance LLC, a Virginia corporation (“C4C”), or have been given access to the course for trial or demonstration purposes. This Agreement applies both to the course itself and to any associated media, printed materials, on-line or electronic documentation and updates (collectively referred to as “C4C Software”). License Do’s and Don’ts a) Subject to the provisions of this Agreement, C4C gives you the non-exclusive, non-transferable right and license to use C4C Software for the sole purpose of receiving compliance training. C4C retains all of its rights, title and interest, including all intellectual property and other rights to C4C Software and you may not take any action inconsistent with these rights. You may not permit anyone else to use, view or have access to C4C Software, and you agree to keep all C4C Software confidential. C4C may cancel your license to use C4C Software, if C4C has reason to believe that you have violated any provision of this Agreement. b) Since this course is intended for your personal use only, you agree not to, directly or indirectly: (1) use C4C Software to create any other software, documentation or training; (2) alter or remove any printed or on-screen patent, copyright, trademark, trade secret, proprietary or other legal notices contained in or on C4C Software; (3) disassemble, decompile, reverse engineer, reverse assemble, reverse compile or reverse translate C4C Software; (4) copy, translate, manufacture, adapt, localize or otherwise modify C4C Software; (5) rent, sublicense, resell, or distribute C4C Software (6) export or re-export C4C Software; or (7) permit anyone else to engage in any such activities or any activity which is prohibited by this Agreement.
Warranty and Liability Limitations a)
C4C SOFTWARE IS NOT ERROR-FREE AND IS BEING PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, C4C
DOES NOT WARRANT THAT C4C SOFTWARE WILL MEET YOUR REQUIREMENTS. C4C DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO
C4C SOFTWARE INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. b) You agree that C4C will have no liability to you for any errors in or omissions from C4C Software, nor from damages you may suffer relating to or resulting from its use. c) You agree that C4C Software is intended for general education purposes only and that you will not rely on it for legal advice. d) C4C’S LIABILITY TO YOU FOR DAMAGES OF ANY SORT OR FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, WILL NOT EXCEED THE LICENSE FEE PAID BY YOU OR ON YOUR BEHALF FOR USE OF C4C SOFTWARE INVOLVED IN THE CLAIM. IN ADDITION, C4C WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF DATA, PROFITS, GOODWILL OR USE OF C4C SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF C4C SOFTWARE, EVEN IF C4C HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. General a) This Agreement will be governed by Virginia law and controlling U.S. Federal law, without regard to any choice of law provisions. If there is a conflict between U.S. and non-U.S. laws, rules and regulations, those of the U.S. will prevail; in particular, the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. You agree that the Federal and State courts in Fairfax County, Virginia, will be the exclusive jurisdiction and venue for any litigation arising out of this Agreement. b) If any provision of this Agreement turns out to be invalid, unenforceable or void, the rest of this Agreement will not be affected and you agree to accept alternative valid wording that is as similar as possible in substance to the invalid, unenforceable or void provision. |