DPEC/Mindleaders® LICENSED COURSEWARE LICENSE AGREEMENT
ACCEPTANCE: By using any of the DPEC® COURSEWARE after viewing this license, you are agreeing to the terms of this License Agreement ("Agreement"). Please read this Agreement carefully. If you do not accept the following terms, click on "I Decline," you will not be permitted access to the DPEC® COURSEWARE, and any money you have paid prior to viewing this Agreement to your Internet Service Provider or other authorized person (collectively, "ISP") for access to the DPEC® COURSEWARE will be refunded.
This is an Agreement between you, either individually or as a representative of your company or institution and DPEC, Inc. ("DPEC"). It applies to all DPEC® COURSEWARE which your ISP permits you to access based upon your selections ("Licensed Courseware") from the DPEC® COURSEWARE offered to you.
TERM: THE TERM OF THIS LICENSE FOR EACH ITEM OF LICENSED COURSEWARE IS EQUAL TO THE LENGTH OF THE TERM ESTABLISHED BY YOUR ISP AND COMMUNICATED TO YOU, BUT IN ANY EVENT IT WILL NOT BE LONGER THAN ONE (1) YEAR FOR ANY ITEM OF LICENSED COURSEWARE. ONCE THE TERM ENDS, THIS LICENSE WILL AUTOMATICALLY TERMINATE AS TO THE LICENSED COURSEWARE ITEM. YOU WILL NOT BE ABLE TO REPLAY THE LICENSED COURSEWARE AT A LATER TIME UNLESS YOU ONCE AGAIN SELECT THE LICENSED COURSEWARE ITEM AND PAY APPLICABLE FEES TO YOUR ISP.
TITLE: DPEC is the exclusive owner of the LICENSED COURSEWARE. DPEC provides the LICENSED COURSEWARE and licenses its use to you as provided in this Agreement. TITLE TO THE LICENSED COURSEWARE, OR ANY COPY, MODIFICATION OR MERGED PORTION OF THE LICENSED COURSEWARE, SHALL AT ALL TIMES REMAIN WITH
LICENSE RESTRICTIONS: DPEC grants to you a temporary, non-exclusive, non-transferable license to display the LICENSED COURSEWARE only on a single designated computer. The LICENSED COURSEWARE may be displayed only for your own individual use. Plug-ins and other executable files downloaded to you when you display the LICENSED COURSEWARE may be used following the end of the license term, but only for your own individual use.
DISCLAIMER OF WARRANTY AND REMEDY: EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, ALL LICENSED COURSEWARE ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE
LICENSED COURSEWARE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER. DPEC, ISP AND DPEC'S DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY
PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
DPEC does not warrant that the functions contained in the LICENSED
COURSEWARE will meet your requirements or expectations or that the operation of the LICENSED COURSEWARE will be entirely error free, or appear precisely as described in the LICENSED COURSEWARE documentation.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DPEC, ISP OR DPEC'S DIRECT OR INDIRECT SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO
USE THE LICENSED COURSEWARE, EVEN IF DPEC OR A DEALER AUTHORIZED BY DPEC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR
CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
EXPORT LIMITATIONS: None of the LICENSED COURSEWARE or underlying information or technology may be displayed, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Libya, Iraq, Sudan, North Korea, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By agreeing to the terms of this Agreement, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
GOVERNMENT USERS: The LICENSED COURSEWARE and its documentation are provided with RESTRICTED RIGHTS. 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 clause, DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause, 48 CFR 52.227-19. The Manufacturer is DPEC, Inc.
GENERAL: If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by the local laws of the State of Ohio. If you have any questions concerning this Agreement you should contact DPEC Inc. at 851 W. Third Avenue, Building 3, Columbus, Ohio 43212, United States of America or call us at 1-800-223-3732, or fax us at 1-614-781-6510.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT. YOU ALSO AGREE THAT THIS IS THE COMPLETE AGREEMENT BETWEEN US AND IT SUPERSEDES ANY OTHER INFORMATION YOU MAY HAVE RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.