END-USER LICENSE AGREEMENT FOR ECTI’S US Export Controls Awareness Tool Kit
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and The Export Compliance Training Institute, Inc. (“ECTI”) for the ECTI export compliance e-Seminar and Training Manual that accompanies this EULA, which includes the associated media. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY VIEWING THE E-LEARNING SEMINAR AND ACCOMPANYING TRAINING MATERIALS.
1. GRANT OF LICENCE. ECTI grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Use. The primary user of the Tool Kit (as such individual was identified to ECTI at the time of your ordering of the Licensed Materials, or, if no such individual was identified then no more than one individual) (the “Primary User”) may:
(a) View and print copies of the purchased training materials.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3. ECTI Tool Kits are updated on an annual basis, this version was updated March 2015 and all material was current at that time. ECTI is not responsible for regulation changes subsequent to that date.
3.1 License Grant for Media Elements. The Tool Kit contains visual and other content (the “Seminar Content”); you may not display or distribute it as part of your products and services, including your websites. You are not licensed to do any of the following:
- You may not sell, license or distribute copies of the Tool Kit, Training Manual or any Seminar Content (the PowerPoint slides, Certificates, Transcripts and any other Training Materials are referred to herein collectively as the “Licensed Materials”) by themselves or as any part of any collection, product or service.
- YOU MAY NOT grant fellow co-workers, employees or customers of your products or services any rights to distribute any Licensed Materials.
3.2 RESERVATION OF RIGHTS AND OWNERSHIP. ECTI reserves all rights not expressly granted to you in this EULA. The Licensed Materials are protected by copyright and other intellectual property laws and treaties. ECTI owns the title, copyright, and other intellectual property rights in the Licensed Materials. This EULA does not grant you any rights to trademarks or service marks of ECTI.
3.3 NOT FOR RESALE. The Licensed Materials are identified as “Not for Resale” or “NFR,” and may not be sold or otherwise transferred for value, or used for any purpose other than viewing for educational purposes.
3.4 EXPORT RESTRICTIONS. You acknowledge that the Licensed Materials are subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the e-Seminar, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the U.S. and other governments.
3.5 SEPERATION OF COMPONENTS. The Licensed Materials are licensed as a single product for the sole use of the Primary User. Its component parts may not be separated for any use.
3.6 TERMINATION. Without prejudice to any other rights, ECTI may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy the Licensed Materials and any copies and component parts.
3.7 LIMITED WARRANTY FOR THE LICENSED MATERIALS. ECTI warrants that the Licensed Materials will perform without material defect for period of (30) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition. BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY DAY PERIOD, THERE IS NOT WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
3.8 DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECTI PROVIDES THE LICENSED MATERIALS AS IS WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF LACK OF VIRUSES, AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE LICENSED MATERIALS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, AND RELATED CONTENT THROUGH LICENSED MATERIALS OR OTHERWISE ARISING OUT OF THE USE OF THE LICENSED MATERIALS.
3.9 EXCLUSIONOF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECTI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUNTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUR OF OR IN ANY WAY RELATED OT THE USE OF OR INABLIITY TO USE THE LICENSED MATERIALS, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, OTHERWISE ARISING OUT OF THE USE OF THE LICENSED MATERIALS, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABLITITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ECTI, AND EVEN IF ECTI HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
3.10 WITHOUT LIMITING THE GENERALITY OF SECTIONS 2.9 AND 2.10, YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS ARE FOR GENERAL EDUCATIONAL PURPOSES AND ARE NOT INTENDED TO PROVIDE YOU WITH LEGAL ADVICE OR COUNSEL. ECTI MAKES NO WARRANTY REGARDING THE ACCURACY OF THE LICENSED MATERIALS AND ASSUMES NO OBLIGATION TO UPDATE ANY OF THE LICENSED MATERIALS OR ANY INFORMATION CONTAINED THEREIN.
3.11 APPLICABLE LAW. This EULA is governed by the laws of the Commonwealth of Virginia.
3.12 ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and ECTI relating to the Licensed Content and the support services (if any) and they supersede all prior contemporaneous oral or written communications, proposals and representations with respect to the Licensed Content or any other subject matter covered in this EULA.