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NOTICE: USE OF THIS PRODUCT IS
SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS BELOW.
Computer-Based
Training License
This is the product license Agreement between 4aBetterBusiness,
Inc. and you, the single end-user of the Software regarding the processes
and procedures accompanying this Agreement, including all documentation,
other written materials and media. CLICKING "I AGREE" OR INSTALLING
OR USING THE PRODUCT INDICATES YOUR CONSENT TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT. If you do not wish to agree to the
terms and conditions of this Agreement, click "CANCEL" and
delete all copies of the PRODUCT.
1. LICENSE
1.0 Subject to the terms and conditions of
this Agreement, and payment by Customer of the applicable license
fees for the mutually agreed-on usage of the PRODUCT, 4aBetterBusiness
hereby grants Customer a non-exclusive, non-transferable right to
install and use the object code version of the PRODUCT on the mutually
agreed-on basis (i.e., installation on a single computer, on multiple
computers, with limits on number of users, at a single facility, on
a file server for use on a network, and/or other arrangement(s) on
which the parties mutually agree), solely for the internal business
purposes of the Customer. Unless otherwise specifically agreed, licensing
is based on the total number of individuals who view or participate
in the training (i.e., this is not "concurrent user" licensing).
Customer may not decompile, disassemble, extract, or otherwise reverse
engineer any PRODUCT. Customer shall not have the right to obtain
or use any source code for the PRODUCT. Customer shall not have the
right to print, copy, reproduce, distribute, modify or in any other
manner duplicate the PRODUCT, in whole or in part, except as permitted
by the license paid for, and for internal use of the Customer only.
Customer shall be permitted to make reasonable back-up copies of the
PRODUCT. Customer may not use the PRODUCT to operate a service bureau
or otherwise rent or lease the PRODUCT.
2. WARRANTY AND DISCLAIMERS
2.1. THE PRODUCT IS PROVIDED "AS IS" WITH
NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY
OF ITS ACCURACY, COMPLETENESS, OR ADEQUACY FOR ANY PURPOSE. 4ABETTERBUSINESS
DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Customer assumes all risk as to selection, quality, installation,
results, and use of the PRODUCT. 4aBetterBusiness does not warrant
that the PRODUCT will meet Customer's requirements, that use of the
procedures or processes in the PRODUCT will be uninterrupted or error
free, or that defects will be corrected.
2.2. With respect to infringement or misappropriation
or other claims relating to proprietary or intellectual property rights,
Customer's sole and exclusive remedy shall be as provided in Section
5.3 hereof.
2.3. UNDER NO CIRCUMSTANCES SHALL 4ABETTERBUSINESS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF DEFECTS OR FAILURES OF THE PRODUCT, BASED UPON BREACH OF WARRANTY,
BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT OR ANY OTHER LEGAL THEORY,
EVEN IF 4ABETTERBUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO: (A) LOSS OF
PROFITS; (B) LOSS OF SAVINGS OR REVENUE; (C) LOSS OF USE OF ANY EQUIPMENT;
(D) COST OF CAPITAL; (E) COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES
OR SERVICES, OR DOWNTIME; (F) ALL CLAIMS OF THIRD PARTIES; AND (G)
DAMAGES OR INJURY TO PROPERTY. THE LIABILITY OF 4ABETTERBUSINESS FOR
ANY CLAIM CONCERNING PERFORMANCE OR NONPERFORMANCE BY 4ABETTERBUSINESS
PURSUANT TO, OR IN ANY WAY RELATED TO, THE SUBJECT MATTER OF THIS
AGREEMENT, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY CUSTOMER
FOR THE PRODUCT.
3. PROPRIETARY RIGHTS
3.1. Customer acknowledges that copyright
of the PRODUCT, including all intellectual property rights therein
and all modifications thereof, is and shall remain in 4aBetterBusiness.
3.2. Customer agrees to reproduce and include
any copyright or other proprietary notices included in the PRODUCT
on all copies, in whole or in part, of the PRODUCT.
3.3. The PRODUCT shall be considered confidential
in perpetuity. Customer shall not disclose it and shall use it only
for the purposes specifically contemplated herein. Customer will hold
the PRODUCT in confidence and safeguard it from disclosure to third
parties, unauthorized reproduction and use and access by third parties.
4. DURATION
This Agreement is effective from the date the Customer
receives the PRODUCT and shall remain in force until terminated. Customer
may terminate this Agreement at any time by destroying all copies of
the PRODUCT and providing notice thereof to 4aBetterBusiness. This Agreement
will terminate immediately upon notice from 4aBetterBusiness, if Customer
fails to comply with the terms of this Agreement. Upon termination,
Customer shall immediately destroy all its copies of the PRODUCT. All
provisions of this Agreement relating to disclaimers of warranties,
limitation of liability, remedies, damages, and 4aBetterBusiness' proprietary
rights shall survive termination of this Agreement.
5. INDEMNIFICATION
5.1. As an express condition to the use of
the PRODUCT, Customer agrees to indemnify and hold 4aBetterBusiness
harmless from all claims by third parties arising out of Customer's
use of the PRODUCT.
5.2. 4aBetterBusiness shall have no liability
for any claim of infringement based on use of a superseded or altered
release of the PRODUCT if such infringement would have been avoided
by the use of a current unaltered release previously made available
to Customer by 4aBetterBusiness.
5.3. In the event that the PRODUCT is held
to violate the proprietary rights of any third parties, or 4aBetterBusiness
reasonably believes such a holding is possible, 4aBetterBusiness shall
have the option, at its expense, to: (a) modify the PRODUCT to be
noninfringing, (b) obtain for Customer a license to continue using
the PRODUCT, or (c) terminate this license and refund any license
fee paid to 4aBetterBusiness for the infringing component of the PRODUCT.
This Section 5.3 states 4aBetterBusiness's entire liability for infringement
or other violations of proprietary rights.
6. GENERAL
6.1. This Agreement shall be governed by
and construed under the substantive laws of the State of Illinois,
United States of America without regard to choice of law provisions
and no action involving this Agreement may be brought except in the
Circuit Court of Cook County, Illinois or the United States District
Court for the Northern District of Illinois, Eastern Division. If
any provision of this Agreement is held to be unenforceable, the enforceability
of the remaining provisions shall in no way be affect or impaired
thereby.
BY CLICKING "I AGREE" OR INSTALLING OR USING
THE PRODUCT, CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT,
UNDERSTOOD IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER
FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN CUSTOMER AND 4ABETTERBUSINESS RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT.
END
USER SOFTWARE LICENSE AGREEMENT
This is the software license agreement ("Agreement")
between 4aBetterBusiness, Inc. ("4aBetterBusiness") and you, the individual
or single entity end-user of the Software ("Customer") regarding the
computer program accompanying this Agreement, including all documentation,
other written materials and media (the "Software"). CLICKING "I AGREE"
OR INSTALLING OR USING THE SOFTWARE INDICATES YOUR CONSENT TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not wish
to agree to the terms and conditions of this Agreement, click "CANCEL"
and delete all copies of the Software.
1. LICENSE
As set forth in this Agreement, Customer may purchase
either of the following licenses to the Software: (i) a license for
Customer's own personal use, as set forth in Section 1.1 below; or
(ii) a multi-user license for a single entity, as set forth in Section
1.2 below.
1.1. Individual License Grant Subject.
to the terms and conditions of this Agreement, 4aBetterBusiness
hereby grants Customer a non-exclusive, non-transferable right to
install and use the object code version of the Software on a single
computer solely for the personal use of Customer. Customer may not
decompile, disassemble, extract, or otherwise reverse engineer any
Software. Customer shall not have the right to obtain or use any
source code for the Software. Customer shall not have the right
to print, copy, reproduce, distribute, modify, or in any other manner
duplicate the Software, in whole or in part, other than for the
personal use of Customer. Customer shall be permitted to make reasonable
back-up copies of the Software. Customer may not use the Software
to operate a service bureau or otherwise rent or lease the Software.
1.2. Single Facility End-User License
Grant. Subject to the terms and conditions of this Agreement,
4aBetterBusiness hereby grants Customer a non-exclusive, non-transferable
right to install and use the object code version of the Software
on one or more computers (at a single facility), or on a file server
for use on a network (accessed by a single facility), solely for
the internal business purposes of Customer.
2. WARRANTY AND DISCLAIMERS
2.1. THE SOFTWARE IS PROVIDED "AS IS" WITH
NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY
OF ITS ACCURACY, COMPLETENESS, OR ADEQUACY FOR ANY PURPOSE. 4ABETTERBUSINESS
DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Customer assumes all risk as to selection, quality,
installation, results, and performance of the Software. 4aBetterBusiness
does not warrant that the Software will meet Customer's requirements,
that the operation of the Software will be uninterrupted or error
free, or that defects will be corrected.
2.2. With respect to infringement or misappropriation
or other claims relating to proprietary or intellectual property
rights, Customer's sole and exclusive remedy shall be as provided
in Section 5.3 hereof.
2.3. UNDER NO CIRCUMSTANCES SHALL 4ABETTERBUSINESS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF DEFECTS OR FAILURES OF THE SOFTWARE, BASED UPON BREACH OF
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT OR ANY OTHER
LEGAL THEORY, EVEN IF 4ABETTERBUSINESS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO: (A)
LOSS OF PROFITS; (B) LOSS OF SAVINGS OR REVENUE; (C) LOSS OF USE
OF ANY EQUIPMENT; (D) COST OF CAPITAL; (E) COST OF ANY SUBSTITUTE
EQUIPMENT, FACILITIES OR SERVICES, OR DOWNTIME; (F) ALL CLAIMS OF
THIRD PARTIES; AND (G) DAMAGES OR INJURY TO PROPERTY. THE LIABILITY
OF 4ABETTERBUSINESS FOR ANY CLAIM CONCERNING PERFORMANCE OR NONPERFORMANCE
BY 4ABETTERBUSINESS PURSUANT TO, OR IN ANY WAY RELATED TO, THE SUBJECT
MATTER OF THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY
PAID BY CUSTOMER FOR THE SOFTWARE.
3. PROPRIETARY RIGHTS
3.1. Customer acknowledges that ownership
of the Software, including all intellectual property rights therein
and all modifications thereof, is and shall remain in 4aBetterBusiness.
3.2. Customer agrees to reproduce and include
any copyright or other proprietary notices included in the Software
on all copies, in whole or in part, of the Software.
3.3. The Software shall be considered confidential
in perpetuity. Customer shall not disclose it and shall use it only
for the purposes specifically contemplated herein. Customer will
hold the Software in confidence and safeguard it from disclosure
to third parties, unauthorized reproduction and use and access by
third parties.
4. DURATION
This Agreement is effective from the date the Customer
receives the Software and shall remain in force until terminated.
Customer may terminate this Agreement at any time by destroying
all copies of the Software and providing notice thereof to 4aBetterBusiness.
This Agreement will terminate immediately upon notice from 4aBetterBusiness,
if Customer fails to comply with the terms of this Agreement. Upon
termination, Customer shall immediately destroy all its copies of
the Software. All provisions of this Agreement relating to disclaimers
of warranties, limitation of liability, remedies, damages and 4aBetterBusiness'
proprietary rights shall survive termination of this Agreement.
5. INDEMNIFICATION
5.1. As an express condition to the use
of the Software, Customer agrees to indemnify and hold 4aBetterBusiness
harmless from all claims by third parties arising out of Customer's
use of the Software.
5.2. 4aBetterBusiness shall have no liability
for any claim of infringement based on use of a superseded or altered
release of the Software if such infringement would have been avoided
by the use of a current unaltered release previously made available
to Customer by 4aBetterBusiness.
5.3. In the event that the Software is held
to violate the proprietary rights of any third parties, or 4aBetterBusiness
reasonably believes such a holding is possible, 4aBetterBusiness
shall have the option, at its expense, to: (a) modify the Software
to be noninfringing, (b) obtain for Customer a license to continue
using the Software, or (c) terminate this license and refund any
license fee paid to 4aBetterBusiness for the infringing component
of the Software. This Section 5.3 states 4aBetterBusiness's entire
liability for infringement or other violations of proprietary rights.
6. GENERAL
6.1. This Agreement shall be governed by
and construed under the substantive laws of the State of Illinois,
United States of America without regard to choice of law provisions
and no action involving this Agreement may be brought except in
the Circuit Court of Cook County, Illinois or the United States
District Court for the Northern District of Illinois, Eastern Division.
If any provision of this Agreement is held to be unenforceable,
the enforceability of the remaining provisions shall in no way be
affect or impaired thereby.
6.2. The Software may be subject to U.S.
export control laws and may be subject to export or import regulations
in other countries. Customer agrees to comply strictly with all
such laws and regulations and acknowledges that it has the responsibility
to obtain such licenses to export, re-export, or import the Software
as may be required after delivery to Customer.
6.3. If Customer is acquiring the Software
on behalf of the U.S. Government, the following provisions apply.
If the Software is supplied to the Department of Defense ("DOD"),
the Software is subject to "Restricted Rights," as that term is
defined in the DOD Supplement to the Federal Acquisition Regulations
("DFAR") in paragraph 252.227-7013(c)(1). If the Software is supplied
to any unit or agency of the United States Government other than
DOD, the Government's rights in The Software will be as defined
in paragraph 52.227-l9(c)(2) of the Federal Acquisition Regulations
("FAR"). Use, duplication, reproduction, or disclosure by the Government
is subject to such restrictions or successor provisions.
BY CLICKING "I AGREE" OR INSTALLING OR USING
THE SOFTWARE, CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT,
UNDERSTOOD IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN CUSTOMER AND 4ABETTERBUSINESS RELATING TO
THE SUBJECT MATTER OF THIS AGREEMENT.
SYSTEMS
AND PROCEDURES LICENSE
NOTICE: USE OF THIS PRODUCT IS SUBJECT TO
YOUR AGREEMENT TO THE TERMS AND CONDITIONS BELOW. END USER PRODUCT
LICENSE AGREEMENT.
This is the product license agreement ("Agreement")
between 4aBetterBusiness, Inc. ("4aBetterBusiness") and you, the single
entity end-user of the Software ("Customer") regarding the processes
and procedures accompanying this Agreement, including all documentation,
other written materials and media (the "PRODUCT"). CLICKING "I AGREE"
OR INSTALLING OR USING THE PRODUCT INDICATES YOUR CONSENT TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not wish
to agree to the terms and conditions of this Agreement, click "CANCEL"
and delete all copies of the PRODUCT.
1. LICENSE
1.1. Subject to the terms and conditions
of this Agreement, 4aBetterBusiness hereby grants Customer a non-exclusive,
non-transferable right to use the PRODUCT for the internal business
purposes of Customer. Customer shall not have the right to print,
copy, reproduce, distribute, modify or in any other manner duplicate
the PRODUCT, in whole or in part, other than for the internal business
purposes of Customer.
2. WARRANTY AND DISCLAIMERS
2.1. THE PRODUCT IS PROVIDED "AS IS" WITH
NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY
OF ITS ACCURACY, COMPLETENESS, OR ADEQUACY FOR ANY PURPOSE. 4ABETTERBUSINESS
DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Customer assumes all risk as to selection, quality, installation,
results, and use of the PRODUCT. 4aBetterBusiness does not warrant
that the PRODUCT will meet Customer's requirements, that use of
the procedures or processes in the PRODUCT will be uninterrupted
or error free, or that defects will be corrected.
2.2. With respect to infringement or misappropriation
or other claims relating to proprietary or intellectual property
rights, Customer's sole and exclusive remedy shall be as provided
in Section 5.3 hereof.
2.3. UNDER NO CIRCUMSTANCES SHALL 4ABETTERBUSINESS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF DEFECTS OR FAILURES OF THE PRODUCT, BASED UPON BREACH OF
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT OR ANY OTHER
LEGAL THEORY, EVEN IF 4ABETTERBUSINESS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO: (A)
LOSS OF PROFITS; (B) LOSS OF SAVINGS OR REVENUE; (C) LOSS OF USE
OF ANY EQUIPMENT; (D) COST OF CAPITAL; (E) COST OF ANY SUBSTITUTE
EQUIPMENT, FACILITIES OR SERVICES, OR DOWNTIME; (F) ALL CLAIMS OF
THIRD PARTIES; AND (G) DAMAGES OR INJURY TO PROPERTY. THE LIABILITY
OF 4ABETTERBUSINESS FOR ANY CLAIM CONCERNING PERFORMANCE OR NONPERFORMANCE
BY 4ABETTERBUSINESS PURSUANT TO, OR IN ANY WAY RELATED TO, THE SUBJECT
MATTER OF THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY
PAID BY CUSTOMER FOR THE PRODUCT.
3. PROPRIETARY RIGHTS
3.1. Customer acknowledges that copyright
of the PRODUCT, including all intellectual property rights therein
and all modifications thereof, is and shall remain in 4aBetterBusiness.
3.2. Customer agrees to reproduce and include
any copyright or other proprietary notices included in the PRODUCT
on all copies, in whole or in part, of the PRODUCT.
3.3. The PRODUCT shall be considered confidential
in perpetuity. Customer shall not disclose it and shall use it only
for the purposes specifically contemplated herein. Customer will
hold the PRODUCT in confidence and safeguard it from disclosure
to third parties, unauthorized reproduction and use and access by
third parties.
4. DURATION
This Agreement is effective from the date the Customer
receives the PRODUCT and shall remain in force until terminated. Customer
may terminate this Agreement at any time by destroying all copies
of the PRODUCT and providing notice thereof to 4aBetterBusiness. This
Agreement will terminate immediately upon notice from 4aBetterBusiness,
if Customer fails to comply with the terms of this Agreement. Upon
termination, Customer shall immediately destroy all its copies of
the PRODUCT. All provisions of this Agreement relating to disclaimers
of warranties, limitation of liability, remedies, damages, and 4aBetterBusiness'
proprietary rights shall survive termination of this Agreement.
5. INDEMNIFICATION
5.1. As an express condition to the use
of the PRODUCT, Customer agrees to indemnify and hold 4aBetterBusiness
harmless from all claims by third parties arising out of Customer's
use of the PRODUCT.
5.2. 4aBetterBusiness shall have no liability
for any claim of infringement based on use of a superseded or altered
release of the PRODUCT if such infringement would have been avoided
by the use of a current unaltered release previously made available
to Customer by 4aBetterBusiness.
5.3. In the event that the PRODUCT is held
to violate the proprietary rights of any third parties, or 4aBetterBusiness
reasonably believes such a holding is possible, 4aBetterBusiness
shall have the option, at its expense, to: (a) modify the PRODUCT
to be noninfringing, (b) obtain for Customer a license to continue
using the PRODUCT, or (c) terminate this license and refund any
license fee paid to 4aBetterBusiness for the infringing component
of the PRODUCT. This Section 5.3 states 4aBetterBusiness's entire
liability for infringement or other violations of proprietary rights.
6. GENERAL
6.1. This Agreement shall be governed by
and construed under the substantive laws of the State of Illinois,
United States of America without regard to choice of law provisions
and no action involving this Agreement may be brought except in
the Circuit Court of Cook County, Illinois or the United States
District Court for the Northern District of Illinois, Eastern Division.
If any provision of this Agreement is held to be unenforceable,
the enforceability of the remaining provisions shall in no way be
affect or impaired thereby.
BY CLICKING "I AGREE" OR INSTALLING OR USING
THE PRODUCT, CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT,
UNDERSTOOD IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN CUSTOMER AND 4ABETTERBUSINESS RELATING TO
THE SUBJECT MATTER OF THIS AGREEMENT. PRODUCT LICENSE NOTICE: USE
OF THIS PRODUCT IS SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS
BELOW.
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1999-2001 by 4aBetterBusiness, Inc., Northfield, Illinois All Rights
Reserved.
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