THE QUALITY GROUP
YOU SHOULD CAREFULLY READ AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS BEFORE USING YOUR 'LEARNER ID' TO ACCESS THIS E-LEARNING TRAINING PRODUCT. USING YOUR 'LEARNER ID' INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT FROM THIS COURSE AND RETURN THIS COURSE TO THE PERSON FROM WHOM YOU RECEIVED IT AND IF APPROPRIATE, YOUR MONEY WILL BE REFUNDED.
TO ACCESS THIS E-LEARNING TRAINING PRODUCT, PLEASE INDICATE YOUR AGREEMENT TO THESE TERMS:
_ Yes, I agree to be the ONLY person using this Learner ID - NO SHARING!!!
_ Yes, I agree to ONLY use this Learner ID for my own training purposes.
_ Yes, I agree that if I use this Learner ID to train others, then EVERY person I train will have also purchased their own Learner ID.
_ Yes, I accept and agree to be bound by the complete License Agreement of The Quality Group as stated below.
1. GRANT OF LICENSE. In consideration of payment of the License Fee, which is part of the price you paid for this E-Learning Training Product, Licensor, The Quality Group, Inc. ("TQGI"), grants to you, the Licensee, a non-exclusive, non-transferable LICENSE to use the E-Learning Training Product in accordance with the following terms:
1.1 You are licensed to use the E-Learning Training Product - on a standalone, group or classroom basis - to train only with those employees having their own, unique 'Learner ID'. The number of Learner IDs are assigned by Licensor based upon the fee paid by you. Each person in a group or class is considered a "learner" and must have their own, unique 'Learner ID'. Additional 'Learner IDs' may be licensed by contacting a TQGI representative.
1.2 You are licensed to use the E-Learning Training Product to assist in training yourself and your employees. You are NOT licensed to use the E-Learning Training Product to assist in training anyone else. If you want to use the E-Learning Training Product to train persons other than yourself and your employees, you may arrange to do so by obtaining the appropriate licenses from TQGI.
2. OWNERSHIP OF THE E-LEARNING TRAINING PRODUCT. As the Licensee, you own the physical objects (that is, the magnetic media, and the paper) on which the E-Learning Training Products are recorded. As the Licensor, TQGI (or its licensors, if any) own and will retain all title, copyright, trademark and other proprietary rights in and to the E-Learning Training Product. This LICENSE is NOT a sale of the E-Learning Training Product or any copy of it. You, the Licensee, obtain only such rights as are provided in this Agreement. You understand and agree as follows:
2.1 You (and your employees) may NOT make any copies of all or any part of the E-Learning Training Product except for archival copies of the computer software component of the E-Learning Training Product as permitted by the United States Copyright Act. You agree to reproduce and include the TQGI copyright on any such copies.
2.2 You (and your employees) may NOT reverse compile, reverse assemble, reverse engineer, modify, incorporate in whole or in part in any other product or create derivative works based on all or any part of the E-Learning Training Product.
2.3 You (and your employees) may NOT remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the E-Learning Training Product.
2.4 You (and your employees) may NOT sell, license, sublicense, rent, or otherwise transfer the E-Learning Training Product without the written permission of TQGI.
2.5 You (and your employees) may NOT export or re-export the E-Learning Training Product without the appropriate United States and/or foreign government licenses.
2.6 You (and your employees) are required to protect the confidentiality of the E-Learning Training Product. You may not distribute or otherwise make E-Learning Training Product available to any third party (other than a transferor of the E-Learning Training Product in accordance with Section 2.4 above.)
3. TERM. The term of this LICENSE will continue until TQGI provides written consent to assignment or transfer of this LICENSE or until TQGI terminates this LICENSE as provided herein. TQGI may terminate this LICENSE, for cause, if TQGI gives written notice to you specifying any failure or default in the performance of any provisions of this LICENSE and you fail to cure said failure or default to the satisfaction of TQGI within 30 days after such notice. Upon the termination of this LICENSE, you will promptly return to TQGI or destroy all copies of the E-Learning Training Product and related documentation covered by this LICENSE.
4. LICENSEE'S RESPONSIBILITIES FOR SELECTION AND USE OF THE E-LEARNING TRAINING PRODUCT. The E-Learning Training Product is a tool that TQGI hopes you will find useful in your efforts to train your employees. HOWEVER, TQGI DOES NOT WARRANT THAT THE E-LEARNING TRAINING PRODUCT IS ACCURATE OR COMPLETE WITH RESPECT TO LAWS, REGULATIONS, PRACTICES, OR ANY OF THE FACTS OR OPINIONS EXPRESSED IN THE E-LEARNING TRAINING PRODUCT. You are responsible for the supervision, management and control of the use of the E-Learning Training Product, and output of the E-Learning Training Product, including, but not limited to: (a) selection of the E-Learning Training Product to achieve your intended results; (b) determining the appropriate uses of the E-Learning Training Product in your business; (c) establishing adequate independent procedures for testing the accuracy of the E-Learning Training Product; and (d) establishing adequate backup to prevent the loss of data in the event of a E-Learning Training Product malfunction.
5.1 Warranty. Subject to the other provisions in Articles 4 and 5 of this Agreement, TQGI warrants that, for a period of 90 days from receipt by you, the software program and magnetic media which form parts of the E-Learning Training Product (the "Software") will conform in all material respects to the user documentation furnished to you. TQGI's sole responsibility under this warranty will be, at its option, (1) to use reasonable efforts to correct documented errors in said Software that are reported to it within the foregoing warranty period or (2) to refund a prorated protion of the net license fee paid to TQGI with respect to the license of the E-Learning Training Product. TQGI does not warrant that the Software will be error free, nor that all program errors will be corrected. All requests for Software warranty assistance shall be directed to TQGI. Asserted errors must be documented by you to TQGI, detailing the error, describing how to recreate the error, and including, if available, sample output.
5.2 Exceptions. TQGI's warranty does not apply insofar as: (a) any Software is subjected to misuse, neglect, accident or exposure to environmental conditions beyond those specified by TQGI; (b) claims resulting from acts or omissions caused by persons other than TQGI or from products, material or software not provided by TQGI; (c) you use Software that does not include all updates available from TQGI or (d) a guaranteed level of performance when related to connectivity and delivery over the internet.
5.3 Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 5 IS THE ONLY WARRANTY GIVEN BY TQGI WITH RESPECT TO ANY E-LEARNING TRAINING PRODUCT FURNISHED HEREUNDER; TQGI MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE; AND SPECIFICALLY DISCLAIMS THE WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. SAID EXPRESS WARRANTY SHALL NOT BE ENLARGED OR OTHERWISE AFFECTED BY TQGI'S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE E-LEARNING TRAINING PRODUCT. TQGI SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE E-LEARNING TRAINING PRODUCT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. LIMITATIONS ON REMEDIES. TQGI's liability in contract, tort or otherwise arising out of or in connection with any E-Learning Training Product, any output of any Software, or TQGI's sales or license agreement with you shall not exceed the net license fee paid to TQGI for the E-Learning Training Product. IN NO EVENT SHALL TQGI BE LIABLE FOR SPECIAL, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE E-LEARNING TRAINING PRODUCT OR TQGI'S PERFORMANCE OF SERVICES, EVEN IF TQGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are a government agency, you acknowledge that the E-Learning Training Product was developed at private expense and that the computer software component is provided to you subject to RESTRICTED RIGHTS, as defined in 48 CFR Part 227.471, and all other technical data are provide to you subject to LIMITED RIGHTS, as defined in 48 CFR Part 227.471.
RESTRICTED RIGHTS LEGEND--Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software (May, 1987) clause at 252.227-7013 (48 CFR). Contractor/manufacturer is The Quality Group, Inc./5825 Glenridge Drive NE #3-101/Atlanta, GA 30328.
8.1 The terms of this LICENSE shall be construed in accordance with the substantive laws of the State of Georgia.
8.2 If you have any questions about this Agreement, you may write to TQGI at 5825 Glenridge Drive NE #3-101, Atlanta, GA 30328.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND TQGI WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND TQGI RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.