Subscriber License
User License Agreement
for The TTB systems
"By virtue of using
this system, it is assumed that you agree to and accept the terms of
this agreement."
The Training Bank (hereinafter called The Provider)
is willing to
license their software, internet site(s) known as
TheTrainingBank.com and
sites developed for their clients (hereinafter called Software) only
upon the condition that you accept the terms and conditions
contained in this license agreement. Access to the site is also
conditioned upon the acceptance of the terms contained herein.
Please read the terms carefully
before ordering or using the software, related training aids or use
of the internet programs and technology provided by The Training
Bank. If you
do not agree with these terms, then we will be unable to license the
software to you, in which case you should not proceed with ordering
or use of the software. Use of the software will be construed as
full acceptance of the terms contained herein.
1.
The Software.
The software licensed under this Agreement consists of computer
programs, data compilation(s) of document clauses and logic, and
on-line documentation/process designed to provide Management,
Supervisory skills, Leadership and Business Training/Assistance,
and Employee Skills Development training, or
other personal and professional development courses as may be
available form time to time through self-study and interactive use
by individual users. The program may be referred to as The Training Bank or
“Software”, or such other description as the Provider may deem proper
from time to time.
2.
License Term for Use
billing rules. You agree
to the following rules and conditions with respect to subscription
terms, renewal terms and billing rules:
-
All “program packages” are
online and can be made available to you, 24/7.
-
When you purchase a subscription
by credit card, access to the package you have subscribed to
will be turned on within 24 hours, provided the purchase occurs
during the standard work week.
- Subscriber fees for program packages are due and payable
at the time you subscribe.
-
Your subscription fees will be
charged directly to your credit card. The
subscription date, rather than the date of the charge to your
credit card will constitute the anniversary date for expiration
purposes. Your acceptance of these terms conveys full and
sufficient authority for the Provider to charge your account
with the prevailing subscription fees for the courses to which
you have subscribed.
3.
During the period of your
subscription you may gain access to the site designated, download or
use the Software application if applicable, documents kits and/or
libraries for the Software, Software updates, and other related
materials from TheTrainingBank.com system website.
4.
License Grant.
You are granted non-exclusive rights to use/access the Software as a
single user. A password for the Software may not be shared
with another or used concurrently on different computers. You are
authorized to use/access the Software only with unmodified data
compilations licensed by the Provider to You. You may not
modify Software data compilations, nor may you use the Software with
data compilations, which have not been licensed or approved by
the Provider. You are authorized to use/access the Software only
for purposes of personal development and not for resale, or any
other commercial use.
5.
Restrictions.
You may not: (i) permit others to use the Software, (ii) modify or
translate the software; (iii) reverse engineer, decompile, or
disassemble the Software, except to the extent this restriction is
expressly prohibited by applicable law; (iv) create derivative works
based on the Software; (v) merge the Software with another product;
(vi) copy the Software, except as expressly provided in the
Software; or (vii) remove or obscure any proprietary rights notices
or labels in the Software.
6.
Transfers.
You may not transfer the Software or any rights under this Agreement
without the prior written consent of the Provider. Any attempted
transfer or assignment in violation of the provision shall be null
and void.
7.
Ownership.
The Provider and its suppliers own the respective Software and all
intellectual property rights embodied therein, including copyrights
and valuable trade secrets embodied in the Software’s design and
coding methodology. The Software is protected by Canada and United
States copyright laws and international treaty provisions. This
Agreement provides You only a limited use license, and no ownership
of any intellectual property.
8. Limited warranty
statement, limitation of liability. The Provider warrants only to You that the
Software shall perform substantially in accordance, under normal use
for a period of eight weeks from the purchase date. This
warranty is extended to customer satisfaction for the same
time.
The Provider and its suppliers
specifically disclaim the implied warranties of title,
non-infringement, merchantability, and fitness for a particular
purpose. There is no warranty that the operation of the software
will be uninterrupted, error-free, or virus free, or that the
software will meet any particular criteria of performance or quality
except as expressly provided by the limited warranty. To the extent
that this Warranty Statement is inconsistent with the jurisdiction
where You use the Software, the Warranty Statement shall be deemed
to be modified consistent with such local law. Under such local
law, certain limitations may not apply, and you may have additional
rights, which vary from jurisdiction to jurisdiction. For example,
some states in the United States and some jurisdictions outside the
United States may: (i) preclude the disclaimers and limitations of
this Warranty Statement from limiting the rights of a consumer; (ii)
otherwise restrict the ability of a manufacturer to make such
disclaimers or to impose such limitations; or (iii) grant the
consumer additional legal rights, specify the duration of implied
warranties which the manufacturer cannot disclaim, or prohibit
limitations on how long an implied warranty lasts.
INDEPENDENT OF THE FORGOING
PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT
LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL
THE PROVIDER OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND
OF COMMERCIAL DAMAGE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROVIDER BE LIABLE
FOR DAMAGES IN EXCESS OF THE PROVIDER’S LIST PRICE FOR THIS SOFTWARE
LICENSE. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
MISCELLANEOUS. This Agreement
constitutes the entire understanding of the parties with respect to
the subject matter of the Agreement and merges all prior
communications, representations, and agreements. This Agreement may
be modified only by a written agreement signed by the parties. If
any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent
necessary to make it enforceable. This Agreement shall be construed
under the laws of the Province of Ontario, Canada.
"By virtue of using
this system, it is assumed that you agree to and accept the terms of
this agreement."
© The Training Bank 2007