CompTIA A+ 220-1002 Core 2 Audio Course
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ONLINE END USER LICENSE AGREEMENT
_______________________________________________
PLEASE READ THIS ONLINE END USER LICENSE AGREEMENT
("AGREEMENT") CAREFULLY BEFORE USING ANY OF THE
ONLINE TRAINING SERVICES OFFERED BY Messer
Studios. ("MS") DESCRIBED BELOW. BY USING THE
SERVICES YOU ACKNOWLEDGE THAT YOU READ AND
UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY
ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT AND POLICY, YOU MUST
PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING
ANY OF THE SERVICES.
1. Online Training Services. Subject to the
terms of this Agreement, MS hereby grants to you a
limited, non-transferable, royalty-free, and
non-exclusive license to use the online training
software ("Software") and content (hereinafter the
Software and content shall be referred to as the
"Services") during the Term of this Agreement.
Your use of the Services shall be strictly in
accordance with this Agreement and our Terms of
Use. You are responsible for providing and
maintaining all computer equipment and software
and telecommunications services necessary to
access the Services. Nothing in this Agreement
grants or transfers to you or to any third party
any ownership rights in the Services, including
the software and other intellectual property
rights related to the Services. Except as
specifically set forth in this Agreement, MS owns
and retains all right, title, and interest in the
Services and any and all related materials.
2. Payment. For access to and use of the
Services, you agree to pay the amounts set forth
in MS's Fee Schedule for the number of users
and/or site for which you are purchasing a
license. You hereby acknowledge and agree that the
fee is payable in advance for each license
purchased upon acceptance of this Agreement and
will be charged whether you use the Services or
not. You are responsible for any taxes, including
personal property taxes or sales taxes, resulting
from your use of the Services. Payments not paid
when due shall be subject to late charges equal to
the lesser of (i) one and one-half percent (1.5%)
per month of the overdue amount or (ii) the
maximum amount permitted under applicable law. You
agree to pay all attorneys' and collection fees
arising from efforts to collect any past due
amounts from you.
3. Restrictions On Use. All pages within this
Website and any material made available for
download (collectively the Website") are the
property of Messer Studios and/or its affiliates.
The Website is protected by federal and
international copyright and trademark laws and no
portion of the materials on these pages may be
reprinted, republished, modified, or distributed
in any form without the express prior written
permission of MS. Access to the Website is for
your own personal use and may not be shared with
any third party. You shall keep intact any
proprietary notices, including copyright notices,
contained on any downloaded materials and shall
comply with any applicable End User License
Agreements. Any rights not expressly granted by
these Terms and Conditions or any applicable End
User License Agreements are reserved by MS.
4. Website Availability. MS's Website will be
accessible to you via the World Wide Web portion
of the Internet twenty-four (24) hours a day,
seven (7) days a week, except for scheduled
maintenance and required repairs, and except for
any loss or interruption of Services due to causes
beyond the control of MS or which are not
reasonably foreseeable by MS, including, but not
limited to, interruption or failure of
telecommunication or digital transmission links
and Internet slow-downs or failures.
5. Modifications and Changes to Services and/or
Website. The software, content, availability and
access and all other features, attributes or
aspects of the Services and Website are subject to
change, modification, additions or deletions at
any time without notice in MS's sole discretion.
6. Links or Pointers to Other Sites. MS makes
no representations whatsoever about any other
website that you may access though this Website.
When you access a non-MS Website, you understand
that it is independent from MS and MS has no
control over the content on that website. In
addition, a hyperlink to a non-MS website does not
mean that MS endorses or accepts any
responsibility for the content, or the use, of the
linked website. It is up to you to take
precautions to ensure that whatever you select for
your use or download is free of such items as
viruses, worms, trojan horses, and other items of
a destructive nature.
7. Your Responsibilities. You agree to comply
with our Terms of Use and all applicable laws and
regulations, including, but not limited to, those
related to pornography, obscenity, copyright,
trademark, other intellectual property rights,
data privacy, international communications, import
and export regulations and tax laws and
regulations. You agree to notify MS promptly if
you suspect unauthorized use of your account.
Until you notify MS, you remain solely responsible
for such unauthorized use and any damages that may
result therefrom. You further agree to notify MS
immediately in the event you become subject to any
lawful order or process that would prohibit or
limit your use of the Service. As a condition of
your use of this Website, you warrant to MS that
you will not use the Website for any purpose that
is unlawful or prohibited by these Terms and
Conditions.
8. Prohibited Activities. You may not modify,
reverse engineer, or decompile the Software or
Services or create derivative works based on the
Software or Services. You may not distribute,
rent, lease, sell, license, or otherwise transfer
rights in the Services to any other person or
entity or make any other commercial use of the
Services. Except for downloading of project files,
which is authorized, you may not save the Software
to your computer or any other storage medium. You
may not violate any security or corrupt the
Website in any way.
9. Disclaimer of Warranties. THE SERVICES ARE
PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT
WARRANTY OF ANY KIND. MS EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT
PERMITTED BY LAW. MS DOES NOT WARRANT THAT THE
SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE
OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL
BE CORRECTED. MS DOES NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING THE USE OR THE RESULTS OF
THE USE OF THE SERVICES OR RELATED DOCUMENTATION
IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY,
RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK
OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY MS OR ITS
AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL
RISK FOR USE OF THE SERVICES. MS IS NOT
RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION
OR SECURITY OF INFORMATION CARRIED OVER
TELECOMMUNICATION LINES.
10. Limitation of Liability. IN NO EVENT SHALL
MS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE,
OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION,
BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF
BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN
ANY WAY WITH TO THIS AGREEMENT OR THE SERVICES, OR
FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR
INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF MS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE TOTAL LIABILITY OF MS TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY
YOU TO MS IN THE THREE MONTHS PRIOR TO THE EVENT
CAUSING LIABILITY.
11. Exclusive Remedy. Your sole right and
exclusive remedy for breach of this Agreement by
MS if you are dissatisfied for any reason with the
Services is to terminate this Agreement as
provided in this Agreement.
12. Term and Termination. For single seat direct
purchases via web or phone, the term begins at
time of purchase.
13. Rights and Duties Upon Termination. Upon
termination of this Agreement, all rights to the
Services terminate immediately and you must remove
any MS software or content from your computer
immediately. You remain liable for the full
charge(s) for all unexpired Term(s). If this
Agreement is terminated for any reason, you agree
not to re-register for or otherwise access the
Services without MS's prior written approval. MS
may delete any data files associated with your use
of the Services upon termination of this
Agreement.
14. Use of Free Tutorials. If you elect to use
the Services as a guest by using one or more of
the free tutorials offered from time to time on
MS's website, all of the terms and conditions of
this Agreement will be applicable to such use,
excluding however, any terms related to payment
therefore.
15. Choice of Law, Venue and Jurisdiction. This
Agreement is entered into in the State of Florida
and shall be governed by and construed in
accordance with the laws of the State of Florida,
exclusive of its choice of law rules. Each party
to this Agreement submits to the exclusive
jurisdiction and venue of the state and federal
courts sitting in the County of Leon in the State
of Florida, and waives any jurisdictional, venue,
or inconvenient forum objections to such courts.
In any action to enforce this Agreement, the
prevailing party will be entitled to costs and
attorneys' fees. In the event that any of the
terms and conditions are held by a court or other
tribunal of competent jurisdiction to be
unenforceable, those provisions shall be limited
or eliminated to the minimum extent necessary, so
that the remaining terms and conditions shall
otherwise remain in full force and effect.
16. General Terms. Your rights and obligations
under this Agreement may not be assigned or
transferred without the written permission of MS
and any assignment or transfer in violation of
this provision shall be null and void. If any
provision of this Agreement is determined to be
invalid, all other provisions will remain in
force. Notice or other communication between you,
and MS may be given by conventional first-class
mail or by email. Notices sent by first-class mail
are effective on the fifth day after mailing.
Notices sent by email are effective the next
business day after they are sent. YOU ACKNOWLEDGE
THAT YOU HAVE READ AND ACCEPT THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE
POLICY, YOU MAY CHOOSE NOT TO BECOME A USER OF THE
SERVICES.
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