Copyright and Disclaimer:
IMPORTANT:
PLEASE READ THIS COURSEWARE LICENSE AGREEMENT CAREFULLY BEFORE USING
THE COURSEWARE.
BY USING THE COURSEWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED
BELOW.
Information contained in this work has been obtained by the
INACON GmbH from sources believed to be reliable. However, neither INACON GmbH nor its
authors guarantees the accuracy or completeness of any information published herein and
neither INACON GmbH nor its authors shall be reponsible for any errors, omissions, or
damages arising out of use of this information.
- License
INACON GmbH ("INACON") grants to the Licensee purchasing this
Courseware a non exclusive, nontransferable license to use the courseware in accordance
with this License. This License is not a sale. INACON or INACON's Licensors retain title
to the Courseware and related documentation, if any. This License allows use of the
Courseware and documentation only by one User. "User(s)" means one individual
Licensee.
- Restrictions
This License sets forth the terms and conditions governing the use of the Courseware and
documentation. Licensee may not remove any proprietary notices, labels, or marks on the
Courseware or its documentation. Licensee may not rent, lease or otherwise transfer the
Courseware or its documentation. The Courseware contains copyrighted material, trade
secrets and other proprietary material. Licensee shall not, without the prior written
permission of INACON, nor permit anyone else to copy, decompile, reverse engineer,
disassemble or otherwise reduce the Courseware to a human perceivable form, or to modify,
network, rent, lease, loan, distribute, or create derivative works based upon the
Courseware or the documentation in whole or in part. Not with standing, if the Courseware
is lawfully acquired outside of the United States within a jurisdiction which is a member
of European Economic Community (EEC) subject to the EEC CouncilDirective of May 14, 1991,
Licensee agrees that within that jurisdiction it shall not, and shall not allow any party
on Licensee's behalf, to attempt to reverse engineer or decompile the Courseware into
another computer language, except as expressly and specifically provided in the EEC
Council Directiveof May 14, 1991. Any and all information obtained during such lawful
reverseengineering and/or decompiling activities, including but not limited to, the
organization, logic, algorithms and processes of the Courseware, shall be deemed to be the
confidential and proprietary information of INACON orits Licensors.
- Termination
This License is effective for six (6) months from time of registration for the course.
This License will terminate immediately without notice from INACON if Licensee fails to
comply with any provision of this License. Upon termination, Licensee will no longer be
provided with access to the Courseware via online delivery.
- Disclaimer of Warranty
Licensee expressly acknowledges and agrees that the use of the
Courseware is at Licensee's sole risk. The Courseware, documentation, and technical
support are provided "AS IS" and without warranty of any kind. Information
regarding any third party services included in this package is provided as a convenience
only, without warranty by INACON, and will be governed solely by the terms agreed upon
between Licensee and the third party providing such services.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, INACON AND INACON'S LICENSORS, (FOR
THE PURPOSES OF PROVISION 5, INACON AND INACON'S LICENSORS SHALL BE COLLECTIVELY REFERRED
TO AS INACON) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON INFRINGEMENT. INACON DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE
COURSEWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE
COURSEWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COURSEWARE WILL BE
CORRECTED. FURTHER MORE, INACON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE COURSEWARE IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INACON OR ITS
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASES THE SCOPE OF
THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL INACON, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESSINTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE
LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE COURSEWARE, EVEN IF INACON OR ITS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OFLIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
In no event shall INACON's total liability to Licensee for all damages, losses, and causes
of action (whether in contract, tort, including negligence, or otherwise) exceed the
amount paid by Licenseefor the Courseware and any documentation.
- No Waiver or Assignment
No delay or failure to take action under this License
will constitute a waiver unless expressly waived in writing, signed by a duly authorized
representative of INACON, and no single waiver will constitute acontinuing or subsequent
waiver. This License may not be assigned, sublicensed or otherwise transferred by
Licensee, by operation of law orotherwise, without INACON's prior written consent,
provided that Licensee may assign this License upon written notice to INACON in instances
in which such assignment is to an entity which acquires all orsubstantially all of the
business of Licensee, whether by merger, consolidation, or acquisition of assets.
- Controlling Law and Severability
This License shall be governed by and construed in
accordance with the laws of the United States. If for any reason a court of competent
jurisdiction finds any provision of this License, or portion there of, to be
unenforceable, that provision of the License shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remainder of this License
shall continue in full force and effect.
- Entire Agreement
This License constitutes the entire agreement between the parties with respect to the use
of the Courseware and its documentation, and supersedes all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. Any
additional or different terms or conditions proposed by Licensee or contained in any
purchase order are hereby rejected and shall be of no force and effect unless expressly
agreed to in writing by INACON. No amendment to or modification ofthis License will be
binding unless in writing and signed by a dulyauthorized representative of INACON.
© INACON GmbH 2000