End User Licence Agreement
COURSEWARE PRODUCT LICENSE
The Courseware Product is protected by intellectual property laws and treaties.
1. GRANT OF LICENSE.
This Section of the EULA describes Your general rights to use the Courseware Product. The license rights described in this Section are subject to all other terms and conditions of this EULA. * General License Grant to Install and Use Courseware Product. You may use one copy of the Courseware Product on a single computer, device, workstation, terminal, or other digital electronic or analog device (“Device”). A license for the Courseware Product may not be shared.
1a. Additional License Grant for Media Elements.
The Courseware Product may include certain photographs, clip art, animations, sounds, music and video clips (together “Media Elements”). If so, the following terms describe Your rights to the Media Elements: You are not licensed to do any of the following: * You may not sell, license or distribute copies of the Media Elements on a stand-alone basis or as part of any collection, product or service where the primary value of the product or service are the Media Elements. * You may not use or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity. * You may not create obscene or scandalous works, as defined by law at the time the work is created, using the Media Elements. * You must indemnify, hold harmless, and defend QUBE VOCATIONAL DEVELOPMENT LTD from and against any claims or lawsuits, including attorneys’ fees, that arise from or result from the use or distribution of Media Elements as modified by You.
1b. Reservation of Rights.
All rights not expressly granted are reserved by QUBE SVOCATIONAL DEVELOPMENT LTD.
This EULA does not grant You any rights in connection with any trademarks or service marks of QUBE VOCATIONAL DEVELOPMENT LTD
1d. No rental, leasing or commercial hosting.
You may not rent, lease, lend or provide commercial hosting services to third parties with the Courseware Product.
1e. Courseware Transfer.
The license for the Courseware product is non-transferable.
Without prejudice to any other rights, QUBE VOCATIONAL DEVELOPMENT LTD May terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such an event your user id and password will be removed by QUBE VOCATIONAL DEVELOPMENT LTD and you will no longer be able to access the courseware product.
2. INTELLECTUAL PROPERTY RIGHTS.
All title and intellectual property rights in and to the Courseware Product (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Courseware Product), the accompanying printed materials, and any copies of the Courseware Product are owned by QUBE VOCATIONAL DEVELOPMENT LTD. All title and intellectual property rights in and to the content that is not contained in the Courseware Product, but may be accessed through use of the Courseware Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Courseware Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation for your personal use. You may not copy the printed materials accompanying the Courseware Product.
3. EXPORT RESTRICTIONS.
You acknowledge that the Courseware Product is of U.K. origin. You agree to comply with all applicable international and national laws that apply to the Courseware Product, including the UK Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by UK and other governments.
4. LIMITED WARRANTY FOR COURSEWARE PRODUCTS ACQUIRED IN THE UK.
QUBE VOCATIONAL DEVELOPMENT LTD warrants that the COURSEWAREWARE PRODUCT will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
5. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by QUBE VOCATIONAL DEVELOPMENT LTD, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the COURSEWARE PRODUCT does not meet QUBE VOCATIONAL DEVELOPMENT LTD Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.
6. YOUR EXCLUSIVE REMEDY.
QUBE VOCATIONAL DEVELOPMENT LTD and its suppliers’ entire liability and your exclusive remedy shall be, at QUBE VOCATIONAL DEVELOPMENT LTD option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Courseware Product, or (b) repair or replacement of the Courseware Product, that does not meet this Limited Warranty and that is returned to QUBE VOCATIONAL DEVELOPMENT LTD with a copy of your receipt. You will receive the remedy elected by QUBE VOCATIONAL DEVELOPMENT LTD without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Courseware Product to QUBE VOCATIONAL DEVELOPMENT LTD). This Limited Warranty is void if failure of the Courseware Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Courseware Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
7. DISCLAIMER OF WARRANTIES.
THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUBE VOCATIONAL DEVELOPMENT LTD AND ITS SUPPLIERS PROVIDE THE COURSEWARE PRODUCT AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE COURSEWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE COURSEWARE PRODUCT.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUBE VOCATIONAL DEVELOPMENT LTD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE COURSEWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF QUBE VOCATIONAL DEVELOPMENT LTD OR ANY SUPPLIER, AND EVEN IF QUBE VOCATIONAL DEVELOPMENT LTD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF QUBE VOCATIONAL DEVELOPMENT LTD AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY QUBE VOCATIONAL DEVELOPMENT LTD WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE COURSEWARE PRODUCT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
10. ENTIRE AGREEMENT.
This EULA (including any addendum or amendment to this EULA which is included with the Courseware Product) is the entire agreement between you and QUBE VOCATIONAL DEVELOPMENT LTD relating to the Courseware Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Courseware Product or any other subject matter covered by this EULA. To the extent the terms of any QUBE VOCATIONAL DEVELOPMENT LTD policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.