LinuxCBT Cloud Edition (Subscription) LICENSE AGREEMENT
IMPORTANT -- READ CAREFULLY: This is a legal agreement between you, the end user, (either an individual or an entity), and LinuxCBT.com ("LinuxCBT.com") for LinuxCBT, the training product identified below.
This license ("License") contains rights and restrictions associated with use of the accompanying software ("LinuxCBT") including, but not limited to, one or more of the following: source code, object code, dynamic link libraries, static libraries, classes, byte code, header files, utility programs, makefiles, images and scripts together with the accompanying documentation and examples.
Read the License carefully before using LinuxCBT. By using LinuxCBT you agree to be bound by the terms and conditions of this License. If you do not agree to the terms of this Agreement, do not use LinuxCBT.
LinuxCBT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. LinuxCBT is licensed, not sold.
1. Limited License Grant. Subject to payment of applicable license fees, LinuxCBT.com grants to you ("Licensee") a non-exclusive, non-transferable limited license to use LinuxCBT concurrently based on the number of subscription licenses purchased for the subscription duration. For instance, a Single-User subscription enables a single concurrent connection to use LinuxCBT; a 5-User license permits 5 concurrent connections to use LinuxCBT; a 10-User license permits 10 concurrent connections to use LinuxCBT; and so on. Except for the foregoing, Licensee may not re-distribute LinuxCBT in whole or in part, either separately or included with a product.
You may: use LinuxCBT on any single computer (physical or virtual) provided that each user accessing LinuxCBT concurrently must have a distinct license.
Licensee may use LinuxCBT more than once, concurrently, if additional user licenses (subscriptions) are
purchased directly from LinuxCBT.com http://www.LinuxCBT.com.
2. Use Definition. LinuxCBT is "in use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, SSD, CD-ROM, or other storage device) of that computer.
3. Restrictions. LinuxCBT is confidential copyrighted information of LinuxCBT.com and title, ownership rights, and intellectual property rights in LinuxCBT and all rights to LinuxCBT are retained by LinuxCBT.com. LinuxCBT is protected by the copyright laws and treaties. Title and related rights in the content accessed through LinuxCBT is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content. You may not: permit other individuals to use LinuxCBT except under the terms listed above; modify, translate, reverse engineer, decompile, decrypt, extract, disassemble, or create derivative works based on LinuxCBT; copy LinuxCBT other than as specified in Section 1 of this License; sell, rent, lease, grant a security interest in, or otherwise transfer rights to LinuxCBT; or alter or remove any proprietary notices or labels on LinuxCBT. Software may not be leased, assigned, or sublicensed, in whole or in part, except as specifically authorized in Section 1. Licensee warrants that it will not use or redistribute LinuxCBT for such purposes.
Therefore you must treat LinuxCBT like any other copyrighted material and not reproduce it.
4. Taxes. All charges and fees paid are exclusive of and do not include any taxes, duties, or similar charges imposed by any government. Licensee agrees to pay or reimburse LinuxCBT.com for all federal, state, dominion, provincial, or local sales, use, personal property, excise, VAT or other taxes, fees, or duties arising out of this Agreement or the transactions contemplated by the Agreement (other than taxes on the net income of LinuxCBT.com).
Licensee agrees that the amounts to be remitted to LinuxCBT.com are to be the actual amounts due without withholding taxes or other assessments by authorities anywhere in the foreign location. If any withholding tax is imposed under the laws of a country or other taxing jurisdiction outside of the United States on any amounts paid to LinuxCBT.com, such amounts will be increased by the amount of the withholding tax. Licensee shall be solely responsible for and shall pay any and all amounts required in the foreign location to be withheld, charged, deducted, or assessed against such payment amounts, and will promptly furnish LinuxCBT.com with certificates evidencing payment of such amounts.
5. Cooperation and Operation. Licensee shall cooperate to the fullest extent necessary to enable LinuxCBT.com or authorized Service Provider to replicate any problems, determine that the problem resides with LinuxCBT, and certify that the problem has been corrected. Licensee is responsible for selecting an operator who is qualified to operate LinuxCBT on Licensee's own equipment and is familiar with the information, calculations, and reports that serve as input and output of LinuxCBT. LinuxCBT.com or authorized Service Provider reserves the right to refuse assistance or to charge additional fees if an operator seeks assistance with respect to such background information or any other matters not directly relating to the operation of LinuxCBT. Licensee is also responsible for ensuring a proper environment and proper utilities for the computer system on which LinuxCBT will operate.
6. Disclaimer of Warranty. LinuxCBT.com warrants that (a) LinuxCBT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by LinuxCBT.com shall be substantially as described in applicable written materials provided to you by LinuxCBT.com, and LinuxCBT.com support engineers will make commercially reasonable efforts to solve any problem issues with LinuxCBT media. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on LinuxCBT, if any, are limited to ninety (90) days.
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT A WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF LinuxCBT IS BORNE BY YOU. SHOULD LinuxCBT PROVE DEFECTIVE, YOU AND NOT LinuxCBT.com ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LinuxCBT.com OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL LinuxCBT.com OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, TORT, CONTRACT, OR OTHERWISE, ARISING OUT OF THE USE OF, MISUSE OF OR INABILITY TO USE SOFTWARE, EVEN IF LinuxCBT.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION.
In no event will LinuxCBT.com's liability to Licensee, whether in contract, tort (including negligence), or otherwise exceed the total price paid for LinuxCBT or the annual Service Fee paid to LinuxCBT.com by Licensee for the twelve (12) months preceding the event giving rise to the claim. No action, whether in contract or tort including but not limited to negligence, arising out of or in connection with this Agreement may be brought by either party more than eighteen (18) months after the cause of action has accrued.
8. Customer Remedies. LinuxCBT.com's and its suppliers' entire liability and your exclusive remedy shall be, at LinuxCBT.com's option, either (a) return of the pro-rated price paid, if any remaining on subscription, or (b) repair or replacement of LinuxCBT that does not meet LinuxCBT.com's Limited Warranty.
9. Termination. Licensee may terminate this License at any time by cancelling their subscription.
This License will terminate immediately without notice from LinuxCBT.com if Licensee fails to comply with any provision of this License. Upon such termination, Licensee will be denied access to LinuxCBT.
10. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.
11. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.
12. Governing Law. Any action related to this License will be governed by Connecticut law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
13. Severability. IF ANY OF THE ABOVE PROVISIONS ARE HELD TO BE IN VIOLATION OF APPLICABLE LAW, VOID, OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISIONS ARE HEREWITH WAIVED OR AMENDED TO THE EXTENT NECESSARY FOR THE LICENSE TO BE OTHERWISE ENFORCEABLE IN SUCH JURISDICTION. HOWEVER, IF IN LinuxCBT.com'S OPINION DELETION OR AMENDMENT OF ANY PROVISIONS OF THE LICENSE BY OPERATION OF THIS PARAGRAPH UNREASONABLY COMPROMISES THE RIGHTS OR INCREASE THE LIABILITIES OF LinuxCBT.com, LinuxCBT.com AUTOMATICALLY TERMINATES THE LICENSE WITHOUT ANY REMEDY TO THE LICENSEE. UPON SUCH TERMINATION, LICENSEE WILL BE DENIED ACCESS TO LinuxCBT subscription service.
14. Breach of Agreement. It is understood and agreed that, notwithstanding any other provision of this Agreement, Licensee's breach of any of the provisions of this Agreement will cause LinuxCBT.com irreparable damage for which recovery of money damages would be inadequate, and that LinuxCBT.com will therefore be entitled to seek timely injunctive relief to protect LinuxCBT.com's rights under this Agreement in addition to any and all remedies available at law.
15. Miscellaneous. This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
18. Should you have any questions concerning this Agreement, or if you desire to contact LinuxCBT.com for any reason, please e-mail: Licenses@LinuxCBT.com
19. Billing. LinuxCBT.com will automatically charge your credit card on a recurring basis commensurate with your selected subscription recurring term unless you cancel your subscription.
20. Account Management. Your e-mail address and password constitute the credentials required to access LinuxCBT. It is recommended that each distinct user of LinuxCBT maintain a distinct account. In the case of multi-user licenses, it is recommended that a master user maintains billing information on their account, while sub-users are granted access, via distinct accounts, tied to their e-mail address, are tied to the master account for subscription purposes.