END USER LICENSE AGREEMENT
FOR TRAINING MATERIALS PRODUCED BY ORACLE-APPS-TRAINING-ONLINE.COM
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING AND INSTALLING THE TRAINING MATERIALS PRODUCED BY ORACLE-APPS-TRAINING-ONLINE.COM. BY DOWNLOADING AND INSTALLING THE TRAINING MATERIALS ON YOUR PERSONAL DIGITAL ASSISTANT, SMART PHONE, AND COMPUTING OR OTHER ELECTRONIC STORAGE DEVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS END USER LICENSE AGREEMENT DO NOT DOWNLOAD AND INSTALL THE TRAINING MATERIALS.
A. License. The training materials ("Training Materials") and any revisions thereto that you down load and install from ORACLE-APPS-TRAINING-ONLINE.COM, is licensed to you (either as an individual, or as a business) by ORACLE-APPS-TRAINING-ONLINE.COM ("Vendor") pursuant to the terms of this End User License Agreement (the "License"). You own the medium on which the Training Materials is recorded, but Vendor and Vendor's Licensors (referred to collectively as "Vendor") retain title to the Training Materials and related documentation. Subject to the terms and condition herein set forth, Vendor hereby grants to you a paid in full non-exclusive non-transferable license to use the Training Materials as an individual, single user ("Individual User"), you may use the Training Materials on any computer, personal digital assistant ("PDA"), Smart phone, and computing or other electronic storage device when such use is by the Individual User and in conjunction with the Individual User's own unique user name and password for non-commercial purposes and not on behalf of any other person or entity (collectively, a "Third Party") and that only one (1) such device and user name and password are in use at any time.
You and Vendor agree that the rights granted to you pursuant to this License are limited and Vender reserves the right to modify, use, and sell the Training Materials and to license others to modify, use, and sell the Training Materials, and that nothing contained herein this License shall be deemed to convey any title or ownership interest in the Training Materials to you.
Note: Parties interested in obtaining a license for multiple users should contact Vendor at the following e-mail address:
B. Restrictions. The Training Materials contains copyrighted material, trade secrets, patent pending, and other proprietary material, and thus, the rights granted to you pursuant to this License are limited. Except as permitted by applicable legislation or this License, you shall not:
- Copy the Training Materials or make a backup of the Training Materials;
- Transfer the rights in the Training Materials granted to you pursuant to this License in whole or in part to a Third Party including your affiliates if you are a Business;
- Decompile, reverse engineer, disassemble, decrypt, decode or otherwise reduce the Training Materials or data including, but not limited to those portions that are encrypted or otherwise secured to a human perceivable form;
- Modify, rent, lend, loan, create any alteration, adaptation, translation, improvement, or distribute or create derivative works based upon the Training Materials in whole or in part, or any of the following client side elements or developer’s code embedded within the Training Materials such as that provided by Oracle Corporation;
- Use, propagate, replicate, or otherwise incorporate or distribute the Training Materials;
- Electronically transmit the Training Materials from one computer to another or over a network, upload the Training Materials to electronic bulletin boards, web sites, or otherwise transmit or distribute the Training Materials or any portion thereof, whether electronically, or on tangible media in any manner to another party, affiliate, or entity in contradiction of the limited rights granted to you pursuant to this License;
- Publish any results of tests run on the Training Materials to a Third Party;
- Use any of the corporate names, trademarks, service marks, certification marks, trade names, slogans, logos or other designations of Vendor its subsidiaries or affiliates even if such marks appear on or in the Training Materials or are otherwise included in any documentation provided to you in connection with this License;
- Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels contained in the Training Materials;
- Use the Training Materials for a Third Party unless said Third Party has entered into a license agreement with the Vendor and they have obtained there own unique user name and password from the Vendor;
- Use the Training Materials to produce defamatory statements, or in violation of any law of any state, or the United States, or of the jurisdiction in which you obtained the Training Materials;
- Use the Training Materials to learn about ORACLE-APPS-TRAINING-ONLINE.COM, or its customers.
You shall cooperate with Vendor, and you shall render all reasonable assistance requested by Vendor, to assist Vendor in preventing and identifying any use of, or access to, the Training Materials in violation of this License.
C. Ownership. All right title and interest in the Training Materials shall remain exclusively in the Vendor. The Training Materials is protected by copyright law and other intellectual property laws.
D. Termination. This License is effective until terminated. Vendor may terminate this License at any time, for any reason or no reason. You may terminate this License at any time by destroying the Training Materials, related documentation and all copies thereof. This License will terminate immediately without notice from Vendor if you fail to comply with any provision of this License. Upon termination, you must destroy the Training Materials, related documentation and all copies thereof.
E. Consent to Communications. By agreeing to the terms of this License you consent to receiving communications from Vendor regarding the Training Materials including, but not limited to, notices regarding upgrades, enhancements, changes, and revisions to the Training Materials, and other products and services offered for sale by Vendor.
F. Export Law Assurance. You agree and certify that neither the Training Materials nor any other technical data received from Vendor, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Training Materials has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Training Materials nor any other technical data received from Vendor, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Training Materials.
G. Government End Users. If you are acquiring the Training Materials on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:
- If the Training Materials is supplied to the Department of Defense (DoD), the Training Materials is classified as "Commercial Computer Training Materials" and the Government is acquiring only "restricted rights" in the Training Materials and its documentation as that term is defined in Clause 252.227 7013(c)(1) of the DFARS; and
- If the Training Materials is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Training Materials and its documentation will be as defined in Clause 52.227 19(c)(2) of the FAR or, in the case of NASA, in Clause 18 52.227 86(d) of the NASA Supplement to the FAR.
H. Notice Regarding Rights. You expressly acknowledge and agree that YOUR USE OF THE TRAINING MATERIALS SHALL BE SUBJECT TO THE TERMS OF THE LICENSE AND THAT NO OTHER USE OF THE TRAINING MATERIALS IS ALLOWED UNLESS EXPRESSLY PROVIDED PURSUANT TO THE TERMS OF THIS LICENSE.
I. Disclaimer of Warranty on Training Materials. You expressly acknowledge and agree that use of the Training Materials is at your sole risk. The Training Materials and related documentation are provided "AS IS" and without warranty of any kind and VENDOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT THE CONTENT AND METHODS CONTAINED IN THE TRAINING MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE TRAINING MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE TRAINING MATERIALS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE TRAINING MATERIALS IS ASSUMED BY YOU. FURTHERMORE, VENDOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TRAINING MATERIALS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE TRAINING MATERIALS PROVE DEFECTIVE, YOU (AND NOT VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
J. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL VENDOR, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INFORMATION, AND THE LIKE) ARISING OUT OF THE USE AND RELIANCE UPON THE TRAINING MATERIALS, OR THE MISUSE OR INABILITY TO USE THE TRAINING MATERIALS OR RELATED DOCUMENTATION, EVEN IF VENDOR OR VENDOR'S 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 TO YOU. IN NO EVENT SHALL VENDOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE TRAINING MATERIALS.
K. Controlling Law, Severability, and Attorneys Fees.
1) This License shall be governed by and construed in accordance with the laws of the United States, and the State of Illinois without regard to Illinois’ laws of conflicts, as applied to agreements entered into and to be performed entirely within Illinois between parties who reside in Illinois. If a dispute arises as a result of the performance of this Agreement the parties hereby agree that personal jurisdiction concerning the parties and subject matter of any such dispute shall reside solely and exclusively in the courts located in Chicago, Cook County, Illinois. The parties hereby agree to waive all right to challenge venue, and they further agree that venue shall be proper Cook County, Illinois.
2) If for any reason, a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
3) In the event of any litigation between the parties hereto, Vendor shall be entitle to recover all costs and expenses related to such litigation including, without limitation, reasonable attorneys’ fees incurred by Vendor.
L. Injunctive Relief. You acknowledge and agree that the copying, disclosure or use of the Training Materials or any information, materials or services provided hereunder in a manner inconsistent with any provision of this License shall cause irreparable injury to Vendor for which Vendor shall not have an adequate remedy at law. Accordingly, you agree that Vendor shall be entitled to equitable relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions, and without limiting the rights available to Vendor, Vendor may seek any other remedies as may be available to it.
M. Complete Agreement. This License constitutes the entire agreement between you and the Vendor with respect to the use of the Training Materials and the related documentation, and it supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and published by the Vendor on its Web site.