This EULA is a legal agreement (the "Agreement") between you and e-Learning Consulting. By receiving access to the Learning Management System ("LMS") as part of a 14-day trial (the "TRIAL PERIOD "), you agree to be bound by the terms of this EULA.
1. GRANT OF LICENSE
The LMS is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The LMS is licensed, not sold. Any rights not explicitly granted under this EULA are hereby reserved. The EULA grants you the following personal, non-exclusive, non-transferable rights:
(a) The TRIAL PERIOD starts on the day you receive access to the LMS. The TRIAL PERIOD ends 14 days later.
(b) Employees of your organization may install courses on the LMS and test the features during the TRIAL PERIOD.
(c) You will not use the source code from the LMS in any software project. You will not allow others to use the source code from the LMS in any software project.
(d) You agree not to rent or lease the LMS, nor use the LMS to render time sharing or service bureau services.
(e) e-Learning Consulting retains title to the LMS in all forms whatsoever.
(f) All rights not expressly granted herein are reserved by e-Learning Consulting.
2. WARRANTY, REMEDY AND LIMITATIONS
(a) e-Learning Consulting warrants only that the LMS will perform in substantial accordance with the accompanying documentation.
(b) Some states do not allow certain warranty limitations, so the restrictions of this Section 2 will apply only to the full extent permitted by applicable law.
(c) In no event shall e-Learning Consulting'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 LMS.
(d) Except as provided above, the LMS is provided "AS IS" and without warranties, express or implied, including the implied warranties of merchantability or fitness for a particular purpose. You assume all risks as to selection, quality, installation, results and performance. e-Learning Consulting does not warrant that the LMS will meet your requirements or that the operation of the LMS will be uninterrupted or error free.
(e) Neither e-Learning Consulting nor any of its suppliers shall be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation loss of business or profits, business interruption or delay, loss or inability to use data), even if e-Learning Consulting or any of its suppliers have been advised of the possibility of such damages.
(f) The above warranties are exclusive and no other warranties are made by e-Learning Consulting or its licensors, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non infringement.
3. BREACH AND TERMINATION.
(a) The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the LMS software and documentation. Otherwise, this EULA shall remain in force until terminated. You may terminate this EULA at any time by destroying all copies of the LMS software and documentation.
(b) Upon termination of this Agreement, all rights and licenses granted hereunder shall immediately terminate and all software and other proprietary information of e-Learning Consulting in the possession of you or under your control, shall be immediately destroyed. End user licenses properly granted pursuant to this Agreement and prior to termination of this Agreement shall not be diminished or abridged by the termination of this Agreement.
4. GENERAL
(a) This EULA shall be governed by and construed under the substantive laws of the State of Washington, United States of America, without regard to choice of law provisions. If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.