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IPexpert End-User License Agreement
END USER LICENSE FOR ONE (1) PERSON ONLY
This is a legally binding agreement between you and IPEXPERT, the "Licensor") from whom you have licensed the IPEXPERT training materials (the "Training Materials"). By using the Training Materials, you agree to be bound by the terms of this License, except to the extent these terms have been modified by a written agreement (the "Governing Agreement") signed by you (or the party that has licensed the Training Materials for your use) and an executive officer of Licensor. If you do not agree to the License terms, the Licensor is unwilling to license the Training Materials to you. In such event, you may not use the Training Materials, and you should promptly contact the Licensor for return instructions.
The Training Materials shall be used by only ONE (1) INDIVIDUAL who shall be the sole individual authorized to use the Training Materials throughout the term of this License.
Copyright and Proprietary Rights.
The Training Materials are the property of IPEXPERT, Inc. ("IPEXPERT") and are protected by United States and International copyright laws. All copyright, trademark, and other proprietary rights in the Training Materials and in the Training Materials, text, graphics, design elements, audio, and all other materials originated by IPEXPERT at its site, in its workbooks, scenarios and courses (the "IPEXPERT Information") are reserved to IPEXPERT.
The Training Materials cannot be used by or transferred to any other person. You may not rent, lease, loan, barter, sell or time-share the Training Materials or accompanying documentation. You may not reverse engineer, decompile, or disassemble the Training Materials. You may not modify, or create derivative works based upon the Training Materials in whole or in part. You may not reproduce, store, upload, post, transmit, download or distribute in any form or by any means, electronic, mechanical, recording or otherwise any part of the Training Materials and IPEXPERT Information other than printing out or downloading portions of the text and images for your own personal, non-commercial use without the prior written permission of IPEXPERT.
You shall observe copyright and other restrictions imposed by IPEXPERT. You may not use the Training Materials or IPEXPERT Information in any manner that infringes the rights of any person or entity.
Exclusions of Warranties.
THE TRAINING MATERIALS AND DOCUMENTATION ARE PROVIDED "AS IS". LICENSOR HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. This agreement gives you specific legal rights, and you may also have other rights that vary from state to state.
Choice of Law and Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without reference to any conflict of law principles. You agree that any litigation or other proceeding between you and Licensor in connection with the Training Materials shall brought in the Michigan state or courts located in Port Huron, Michigan, and you consent to the jurisdiction of such courts to decide the matter. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License. If any provision of this Agreement is held invalid, the remainder of this License shall continue in full force and effect.
Limitation of Claims and Liability.
ANY ACTION ON ANY CLAIM AGAINST IPEXPERT MUST BE BROUGHT BY THE USER WITHIN ONE (1) YEAR FOLLOWING THE DATE THE CLAIM FIRST ACCRUED, OR SHALL BE DEEMED WAIVED. IN NO EVENT WILL THE LICENSOR'S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO LICENSOR FOR THE TRAINING MATERIALS. LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, LICENSOR WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF DATA, OR COSTS OF COVER.
Limited Client Information Usage:
This agreement allows IPexpert to use their clients’ full names and CCIE numbers for marketing purposes. All featured full names will be verified as IPexpert clients before published use. Client’s that notify IPexpert of their success in passing the CCIE Lab exam will receive an email request for a testimonial which includes a link to the IPexpert website ÒWall of FameÓ page that features an online use of the client’s full name and CCIE number. Upon request, client’s can be removed from the online publication and/or any other marketing effort utilizing their full name and number, whether or not they receive the above mentioned email message.
Client’s that provide IPexpert with a testimonial authorize IPexpert the permission to publish their full name, CCIE number and their remarks (in totality or in parts) for any marketing purposes designed to further product and services awareness and other business efforts.
Entire Agreement.
This is the entire agreement between the parties and may not be modified except in writing signed by both parties.
U.S. Government - Restricted Rights
The Training Materials and accompanying documentation are "commercial computer Training Materials" and "commercial computer Training Materials documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Training Materials and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.