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Velsoft International Inc. Client Courseware End User License Agreement READ THIS LICENSE CAREFULLY BEFORE INSTALLING THIS COURSEWARE. INSTALLING THIS COURSEWARE MEANS THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. INSTALLING INCLUDES EXTRACTING FILES FROM A COMPRESSED DISTRIBUTION FILE SUCH AS A ZIP FILE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE YOU MUST PROMPTLY RETURN THE COURSEWARE TO THE PLACE WHERE YOU OBTAINED IT OR, ALTERNATIVELY, DELETE AND DESTROY ALL COPIES OF IT. �THE FORM OF THIS LICENSE MAY CHANGE FROM TIME TO TIME. BY ACCEPTING THE TERMS OF THIS LICENSE, YOU ACKNOWLEDGE THAT THE CHANGES MADE FROM TIME TO TIME WILL BE BINDING ON YOU. ANY REVISIONS TO THE FORM OF LICENSE WILL BE POSTED ON THE WEBSITE MAINTAINED BY VELSOFT INTERACTIVE INC. AT WWW.VELSOFT.COM. YOU AGREE TO BE BOUND BY THE MOST CURRENT VERSION OF THE LICENSE POSTED ON THAT SITE. 1. LICENSE. The application, demonstration, system, and other Courseware, and data accompanying this License, whether on disk, in read-only memory, or on any other media, together with the related documentation, and all upgrades and updates of and to any of the above and or listed in Attachment �A�, (collectively, the Courseware) are licensed to you by Velsoft International Inc. (Velsoft). Velsoft owns or licenses the Courseware, all of which is protected by the International Copyright and intellectual property laws. Velsoft retains full and complete title to the Courseware and all updates and subsequent copies of the Courseware regardless of the media or form in which the copies may exist, including copies made in violation of the terms of this License. The Purchaser is the individual, company, or organization purchasing Courseware from Velsoft International Inc. (or from an authorized reseller/agent).� 2. RIGHTS AND RESTRICTIONS ON USE. �The Single-Site License authorizes a non-exclusive, license that is non-assignable, non-transferable, and revocable and the rights to use the Courseware only for internal training and educating purposes of either the company�s�employees or the training center�s customers. This license specifically does not allow for the provision of reselling the Courseware or any derivative works. 2a. The Courseware may be used by the Purchaser to provide training at a single, physical, designated training center. A Multi-site License is required to use the Courseware at more than one site. A site is defined as a geographical site such as a physical training center location, college or University. If the Purchaser has more than one training center and wishes to use the Courseware at these training centers, whether or not said training will be offered concurrently, then this will require a Multi-site License. The Multi-site License entitles the Purchaser to use the Training Materials at all of the named site(s). 2b.�The Purchaser may use the Courseware to provide training to the Purchaser's customers at their own site (provided this site is within the Purchaser's national borders and is instructor lead � no form of distance learning is permitted). If the Purchaser wishes to train at a customer�s site, then a Single-site License allows the Purchaser to only train at one site at a time. The Purchaser will need to purchase a Multi-site License to allow simultaneous training at more than one client�s site. The Purchaser may not make the courseware available to people who have not physically attended a training course.� 2c. No distance learning is permitted by our Courseware license. It is the responsibility of the Purchaser to print copies of the Courseware. The Purchaser may add their name and logos to the courseware materials; the Purchaser may customize the Courseware, but acknowledge the copyright is remains with Velsoft International Inc. �HTML versions of the material may or may not have been provided and the Single-site License also covers these files residing on an intranet (a closed network not open to the public and only accessible by their employees and or their subcontractors, subsidiaries and closely held partner companies). Private training firms are not allowed to uses these materials in an extranet environment (a closed network open to certain members of the public � such as customers and partners) but they are permitted to allow their customers access to the materials in an intranet � as above � but only accessing these files using computers in their site where the site license applies.� 2d. The Courseware is not allowed to be used to produce derivative works including any form of online learning. (The term online learning, or e-learning, is most frequently used to refer to computer-based training which incorporates technologies that support interactivity beyond that which would be provided by a single computer.) The Courseware is not allowed to be used to produce another commercial product either for sale, lease, rent or to give away. 2e. Delegates attending training courses where the training materials are being used may retain copies of the printed Courseware for reference purposes only. Electronic versions of the materials are not to be retained � and these should not be distributed in any form. The Courseware must not be re-sold, lent, rented, assigned or transferred to any third party in any form. The Courseware must not be exported from the country to which it is supplied, in any form. If delegates question the copyright of the materials presented to them, the Purchaser must acknowledge the true copyright holder and should supply this document to them to ensure they do not violate the copyright.� � 3. TERM. �This License is effective for the period of one year from the date of purchase with automatic successive one-year renewal terms based on the purchase agreement. This License may be terminated by Velsoft: 3a. automatically, if you make an unauthorized transfer or an unauthorized use of the Courseware or this License 3b. if you fail to comply with any material provision of this License and do not correct such failure within thirty (30) days after written notice of such failure to comply is forwarded to you by email or ordinary mail 3c. in the event of the liquidation or insolvency of the Purchaser, the appointment of a receiver or similar officer for the assignment for the benefit of creditors by the Purchaser, or the filing of a petition in bankruptcy by or against the Purchaser 3d. upon the terms and conditions set out in any other agreement between us or pursuant to which you have been granted rights to use the Courseware. Upon termination you will have no further right to the Courseware and must return it to Velsoft, or provide Velsoft with evidence that the Courseware, and each and every copy thereof, has been destroyed. � 4. ACCURACY OF INFORMATION. The Courseware relies on certain information supplied by certain third party service providers. While Velsoft tries to ensure this information is current and accurate, IT OFFERS NO WARRANTY THAT THE INFORMATION IS ERROR FREE. YOU AGREE THAT VELSOFT WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM ANY ERRORS OR INACCURACIES IN THE COURSEWARE, THE DOCUMENTS USED IN CONNECTION WITH IT OR INFORMATION SUPPLIED BY THIRD PARTY SERVICE PROVIDERS. � 5. HIGH RISK ACTIVITIES. The Courseware is not designed, recommended, written, or otherwise intended for use in hazardous environments which require fail-safe performance in which the failure of the Courseware could lead directly to death, personal injury or severe physical or environmental damage (High Risk Activities). Without limiting the generality of the foregoing, High Risk Activities include such activities as the operation of aircraft navigation or communications systems, air traffic control, weapon systems or nuclear facilities. The Courseware is not designed to recommend specific business direction or actions one should take. Financial, business, strategic decisions and business recommendations and procedures outlines in the Courseware are based upon sound principle and years of research, thousands of hours of research, writing, editing, and classroom training, but should be in no way taken as professional business advice. These materials are strictly reference material and make no implied or actual recommendations on how to run a business or enter into any financial or legal agreement that may result in the loss of business or income. ACCORDINGLY, WITHOUT LIMITING THE APPLICABILITY OF SECTIONS 4, 6 AND 7 OF THIS LICENSE, VELSOFT SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT VELSOFT WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE COURSEWARE IN SUCH APPLICATIONS.� 6. LIMITED WARRANTY. Velsoft warrants to the person who downloads and installs the Courseware that, for a period of ninety days from the date that the Courseware is downloaded or shipped to you: 6a. if provided on disk , CD-ROM, DVD, other media, or documents on which the Courseware are furnished under normal use will be free from defects 6b. if installed and used in accordance with Velsoft' express instructions, the Courseware will substantially perform those functions described in Velsoft' documentation. VELSOFT DOES NOT, HOWEVER, WARRANT THAT YOUR USE OF THE COURSEWARE WILL BE ERROR FREE, VIRUS FREE OR SECURE. If you make any valid claim of media or intended encoding defect during this ninety (90) day period, Velsoft will provide a replacement. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. OTHER THAN THE SPECIFIC WARRANTIES PROVIDED ABOVE, THE COURSEWARE AND ACCOMPANYING MATERIALS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. VELSOFT DOES NOT REPRESENT OR WARRANT THAT THE COURSEWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE COURSEWARE WILL BE CONTINUOUS OR ERROR FREE, VIRUS FREE OR THAT ANY COURSEWARE DEFECTS ARE CORRECTABLE. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VELSOFT, ITS DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY THAT IN ANY WAY INCREASES THE SCOPE OF THIS LIMITED WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIED LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.� 7. LIMITED LIABILITY. YOU ARE RESPONSIBLE FOR THE SELECTION AND USE OF, AND RESULTS OBTAINED FROM THE COURSEWARE. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, VELSOFT AND ITS RELATED COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES RESULTING FROM THE USE OF THE COURSEWARE HOWEVER CAUSED INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL LOSS OR DAMAGE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, LOST DATA, LOSS OF COMPUTER TIME, FAILURE TO REALIZE EXPECTED SAVINGS, AND ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND AND ARISING IN CONSEQUENCE OF THE COURSEWARE'S PERFORMANCE, FAILURE TO PERFORM, OR OTHER BREACH UNDER THIS LICENSE, IRRESPECTIVE OF WHETHER VELSOFT HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. VELSOFT 'S TOTAL LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY POSSIBLE LIABILITY FOR INDEMNITY, DEFENCE AND HOLD HARMLESS OBLIGATIONS SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO VELSOFT UNDER THIS LICENSE. � 8. ALLOCATION OF RISK. YOU AGREE THAT THE ABOVE WARRANTIES AND LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK AMONG THE PARTIES AND THE PRICE OF THE COURSEWARE.� 9. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VELSOFT FROM AND AGAINST ANY CLAIM IN EXCESS OF THE LIMITATION SET FORTH IN SECTION 7, AND THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF BREACH OF CONTRACT, ACTIVE OR PASSIVE NEGLIGENCE, OR OTHERWISE OF VELSOFT, OR ANY CLAIM OF FAILURE OF ESSENTIAL PURPOSE. � 10. GENERAL. Any controversy in relation to this License or arising hereunder shall be governed by and interpreted in accordance with the laws of the province of Nova Scotia, Canada without regard to conflict of laws principles. The parties to this License agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this License and its application is expressly excluded. No waiver or modification of any of the terms of this License shall be valid unless made in writing and signed by Velsoft. Should any provision of this License be found by a court of competent jurisdiction to be illegal, void or otherwise unenforceable such provision shall be severed from the rest of this License and the rest of this License shall remain in full force and effect, and be binding upon you and Velsoft as though the said provision or provisions had never been included. This Article and Articles 4, 5, 6, 7, 8, 9 and 10 shall survive the termination of this License for any reason. Should you have any questions concerning this License you may contact Velsoft by writing to:� Office of the President Velsoft International Inc. #2 Rendezvous Rd Worthing, Christ Church Barbados BB15006 11. FORCE MAJEURE. Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, and changes in law, regulation or government policy, riots, war, fire, epidemics, transportation difficulties or other occurrences which are beyond either party's reasonable control. 12. ENTIRE AGREEMENT. This Agreement is executed by the parties with the understanding that it embodies the entire agreement between the parties pertaining to the subject matter of this Agreement and there are no representations, warranties or other commitments pertaining to the subject matter of this Agreement which are not embodied in this Agreement in its entirety. If any terms or conditions of a purchase order conflict with those of this Agreement, then those terms and conditions in this Agreement shall supersede those in the purchase order. 13. HEADINGS. �The headings for each Section are stated for convenience only and are not to be construed as limiting.
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