Tutorial licence terms
Electronic end-user licence agreement for Transition's IBM Lotus e-learning tutorials
Read this licence agreement ("Agreement") carefully before using the training materials ("Licensed Materials") made available by Transition Associates Limited ("TA"). By installing and utilizing the Licensed Materials, you hereby accept all the terms and conditions of this Agreement. The Licensed Materials are the proprietary product of TA.
Subject to the terms and conditions in this Agreement TA grants to you a non-exclusive, non-transferable, perpetual limited licence to use the Licensed Materials. TA represents that it possesses all rights and interests in the Licenced Materials necessary to enter into this Agreement.
Use of the Licensed Materials
You may only utilise the Licensed Material for your own personal, non-commercial use, and as described in the terms of use. You are prohibited from any further use of the Licensed Material, including, without limitation, modifying, reproducing, selling, assigning, sublicensing or distributing the Licensed Material.
Proprietary Rights
The Licensed Material is the property of Transition Associates Limited, Westerham, Kent, United Kingdom Copyright © 2002, 2003, 2004. All rights reserved. Except as stated above, this Agreement does not grant you any intellectual property rights in the Licensed Material.
No Warranty
The licensed material is provided to
you "as is" without warranty of any kind. TA expressly disclaims
all warranties, either express or implied, including, but not
limited to, infringement of third party rights, performance,
merchantability or fitness for a particular purpose. In no event
will TA and its affiliates be liable to you for any direct,
consequential, incidental or special damages, even if advised of
the possibility of such damages, or for any claim by any third
party. Some territories do not allow the exclusion or limitation of
implied warranties or limitation of liability for incidental or
consequential damages, so the above limitations or exclusions may
not apply to you.
Governing Law and General Provisions
This Agreement shall be governed by
the laws of England. TA retains all rights not expressly granted in
this Agreement. Nothing in this Agreement constitutes a waiver of
the rights of TA under U.K. Copyright Law or any other law or
international treaty. If any court of competent jurisdiction finds
any provision of this Agreement to be unenforceable, the remaining
provisions of this Agreement shall be unimpaired and the
unenforceable provision shall be reformed without further action by
the parties and only to the extent necessary to make such provision
valid and enforceable and to achieve the like economic intent and
effect of such provision. You agree that the Licensed Material will
not be shipped, transferred or exported into any country or used in
any manner prohibited by the United States Export Administration
Act or any other export laws, restrictions or regulations. This
Agreement shall automatically terminate upon failure by you to
comply with its terms. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter
and supersedes all prior or contemporaneous understandings, written
or oral, regarding such subject matter. This Agreement may only be
modified in writing signed by an authorized officer of TA.
On the written request of TA, not more frequently than annually,
Customer shall furnish TA with a signed certification (i) verifying
that the Licensed Products are being used pursuant to the
provisions of this Agreement, including the limitations on Licensed
Users; and (ii) listing the location of the Licensed Users. TA,
may, not more frequently than annually and at its own expense,
audit Customer's use of the Licensed Products. Any such audit shall
be conducted during regular business hours at Customer's facilities
and shall not unreasonably interfere with Customer's business
activities. If a certificate or an audit reveals that Customer has
underpaid fees to TA, Customer shall be invoiced for such underpaid
fees at TA's then-current list prices for the actual number of
users. If the underpaid fees exceed five percent (5%) of the
Licence Fees paid, then Customer also shall pay TA reasonable costs
of conducting the audit.
TA is the contractor of the Licensed Materials. If you have any
questions concerning this agreement, write to Transition Associates
Limited, 7 Grove Road, Tatsfield, Westerham, Kent, TN16 2BA. United
Kingdom.
Terms of Use
The licensed material may be
accessed from any compatible environment, learning management
system, intranet server or local workstation.
The licensed material may not be published for public access over
the worldwide web or used for resale or rental, its use is
restricted to employees and contractors of the licensee.
The licensed material is for personal use by each named user up to
the maximum number of licensed users.
The licensee is responsible for tracking and reporting named
usage. Unlicensed use beyond the number of currently licensed users
must be reported by the licensee and is immediately due for
payment, certified use of the licensed material must be reported
annually.
This licence applies to this specific licensed material only, as
described by the product number stated on the invoice and provides
no rights over subsequent releases which shall be made available at
the sole discretion and under terms and conditions set by TA.
Copyright Notice
The following copyright statement
must appear in conjunction with the Licensed Content:
Copyright © 2004 Transition Associates Limited. All rights
reserved. Reproduction in whole or in part in any form or medium
without express written permission of Transition Associates Limited
is prohibited.