PROGRAM SERVICES COURSEWARE LICENSE
License. Program Services grants you a non-exclusive, nontransferable license to use the course materials (the "Courseware") for which you are registering and paying the applicable fees in accordance with the terms of this agreement (the "License"). This License is not a sale. Program Services and/or Program Services licensors retain all title and ownership rights to the Courseware and any related documentation. This License allows the use of the Courseware and related documentation by only one User. "User" means one individual licensee who has already registered with Program Services.
Student Conduct. This License sets forth the terms and conditions governing the use of the Courseware and related documentation. You may not remove any proprietary notices, labels, logos on the Courseware or its documentation. You may not sell, rent, lend or otherwise transfer the Courseware or its documentation to another party. The Courseware contains copyrighted material and other proprietary material. You shall not (and shall not permit anyone else to) copy, reverse engineer, disassemble or otherwise reduce the software used to provide the Courseware to a human-perceivable form, or to modify, network, rent, loan, distribute, or create derivative works based upon the Courseware, any software or materials used in connection with the Courseware. You shall not teach a course based on the materials contained in the Courseware.
- You agree to register in your own name, not to impersonate any other person or entity, and to provide truthful and accurate information.
- You certify that you have all the necessary knowledge and skills required to enter into the course, as specified in the target audience section of our home page.
- You agree not to post or transmit through the service any unlawful, harassing, discriminatory, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to post or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You agree not to post or send transmissions through Program Services, which attempt to hide your identity or represent yourself as someone else. You shall not interfere with another member's use and enjoyment of the information and services available on the Program Services website.
Charges and Billing Practices. Payment must be made by a valid major credit card accepted by Program Services. Program Services currently accepts, AMEX, VISA, MasterCard, Discover, check, or money order.
Terms and Termination. This License is effective for one hundred and eighty days (180) days from the time of enrollment in a course. This License will terminate immediately, without notice from Program Services, if you fail to comply with any provision of this License. Upon termination, you will no longer be provided with access to the Courseware via online delivery. Program Services reserves the right, in its sole discretion, to suspend or terminate your access to and use of the Courseware and associated services, without further notice if you breach any of the terms and conditions of this Agreement. Program Services also reserves the right at any time to withdraw from the Website any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
Government End Users.If you are an agency or instrumentality of the United States Government, the Courseware are "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use reproduction and disclosure of the Courseware is governed by the terms of this Agreement.
Disclaimer of Warranty.You expressly acknowledge and agree that the use of the Courseware is at your sole risk. The Courseware and any related documentation are provided "AS IS" and without warranty of any kind. Information regarding any third party services included in this package is provided without warranty by Program Services and will be governed solely by the terms agreed upon between you and the third party providing such services.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, PROGRAM SERVICES AND PROGRAM SERVICES LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. PROGRAM SERVICES AND ITS LICENSEES DO NOT WARRANT THAT THE INFORMATION CONTAINED IN THE COURSEWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION AND/OR DELIVERY OF THE COURSEWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COURSEWARE WILL BE CORRECTED. FURTHERMORE PROGRAM SERVICES AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COURSEWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROGRAM SERVICES OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PROGRAM SERVICES, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE COURSEWARE, EVEN IF PROGRAM SERVICES OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. IN NO EVENT SHALL PROGRAM SERVICES TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE COURSEWARE.
Indemnification. Since you are responsible for all tests submitted to Program Services, you agree that all such course work shall be solely your own original work; and you further agree to indemnify and hold Program Services, its parents, subsidiaries, affiliates, officers and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party resulting from or arising out of your use of the Courseware, the services of Program Services (or the services by persons using your password), your violation of this Agreement (including, without limitation, any violations of Section 2, "Member Conduct"), or the infringement by you, or other users of our services using your computer or password, of any intellectual property or other right of any person or entity.
Copyrights. Program Services respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement and appears either on our website or in our Courseware materials, please provide Program Services the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site or in our Courseware materials;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
No Waiver or Assignment. No delay or failure to take action under this License will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Program Services, and no single waiver will constitute a continuing or subsequent waiver. This License may not be assigned, sublicensed or otherwise transferred by you, by operation of law or otherwise, without Program Services prior written consent.
Entire Agreement. This Agreement, including any operating rules and policies, constitute the entire agreement between User and Program Services with respect to the Website and supersedes all prior agreements between User and Program Services. No amendment or modification hereof will be valid or binding upon either party unless made in writing and signed by the authorized representatives of both parties. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
Governing Law. User agrees to comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Web Site and purchase of the services on the Website. The laws of the State of North Carolina will govern interpretation and enforcement of this Agreement. User hereby consents to personal jurisdiction in the federal and state courts of North Carolina for any action arising out of or relating Program Services Web site. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and nontaxable, and reasonable attorneys' fees. The Site Content and/or services available through the Web Site are subject to United States export controls and may not be accessed or used by: (1) a national or resident of any country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Denial Orders. User hereby agrees to the foregoing and represents and warrants that he/she is not a national, resident or under the control of any such country or on any such list.