Terms & Conditions
XDT SOFTWARE END-USER LICENSE AGREEMENT
- 1.1 XDT Software hereby grants you the following rights for your own purposes only, and not those of any third party:
- (a) You may activate a single account to be used on no more than two computers to be identified automatically by IP address.
- (b) You may access the Software and definitions (the "Documentation") with a single active account.
- (c) You may use the Software at any time, at any location providing the time and location meet the requirements of the aggreements listed herein and are within the allotted time set by and limited to course start and end dates.
- (d) You may use the assigned user credits ("ePoints") at your discretion. Software use is limited to and bound by duration listed in course description.
- 1.2 The Software and any associated documentation contain confidential information of XDT Software and all copyright, trademarks and all other intellectual property rights in and to the Software and Documentation are and shall remain the sole and exclusive property of XDT Software. Nothing in this Agreement shall confer any rights in any tradename, business name or trademark of XDT Software on you. The provisions of this Clause 1.2 shall continue to operate after the termination of this Agreement.
- 1.3 Save as otherwise expressly set out herein and as otherwise expressly permitted by law, you shall not:
- (a) Make any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Software or the Documentation;
- (b) Make any translation, adaptation, arrangement or any other alteration of the Software or the Documentation;
- (c) Make any form of distribution to the public of the Software or the Documentation, in whole or in part, or of copies thereof;
- (d) Make any communication, display or performance to the public of the Software or the Documentation;
- (e) Disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the Software, or another product wholly or partially derived from any of the foregoing;
- (f) Assign, transfer, sell, lease, rent, charge or otherwise deal in or encumber the Software or the Documentation or use the Software or the Documentation on behalf of any third party, or make available the same to any third party without the prior written consent of XDT Software;
- (g) Copy, adapt or reverse compile the whole or any part of the Software or the Documentation;
- (h) Remove or alter any copyright or other proprietary notice from the Software or the Documentation.
- (i) Share your assigned account with another user.
- 1.4 XDT Software will not be bound by any term, condition or other provision proffered by you which is different from or in addition to the provisions of this Agreement unless XDT Software agrees to such provisions in writing.
- 1.5 This Agreement supercedes any and all prior agreements, statements and representations between XDT Software and you.
- 1.6 No amendment, modification or waiver of any of the provisions of this Agreement shall be valid unless set out in writing and signed by each party.
- 1.7 If any provision of this Agreement shall be found by any court or administrative body of any competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
- 1.8 You shall not be entitled to assign or otherwise transfer this Agreement nor any of its rights or obligations hereunder, without the prior written consent of XDT Software.
2. Term and Termination
- 2.1 XDT Software may terminate this Agreement if you breach any of the terms of this Agreement and fail to remedy such a breach within fifteen (15) days of receipt of written notice from XDT Software.
- 2.2 You may terminate this Agreement at any time by account inactivity represented by allocated duration set by and limited to course descriptions.
- 2.3 XDT Software retains the right to terminate use of, the binding aggreement for and access to Software and Documentation at any time and per its discretion.
- 2.4 All provisions of this Agreement which in order to give effect to their meaning need to survive its termination shall remain in full force and effect thereafter.
- 3.1 XDT Software warrants that its title to and property in the use of the Software and the Documentation is allocated per ePoints described herein and cumbered and that it has the right, power and authority to licence the same upon the terms and conditions of this Agreement.
- 3.2 XDT Sodtware, its officers, directors, employees, contractors, agents, affiliates, and assigns (collectively, "XDT Software entities") and XDT Software licensors do not represent that the XDT Software or any data accessed therefrom is appropriate or available for use outside the United States.
4. Consequential Damages
- 4.1 In no event shall XDT Software be liable for any indirect, incidental, special or consequential damages (including but not without limitation to any loss of data or business interruption) arising out of the performance or failure of the Software even if such damages were reasonably foreseeable or if XDT Software had been advised of the possibility of such damages.
- 5.1 When you register we ask for information such as your name, email address, home address, zip code, occupation, and industry. Once you register with XDT Software and begin to use the Software, you are not anonymous to us. XDT Software collects information about your transactions with us. XDT Software automatically receives and records information on our server logs from your browser, including your IP Address.We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
- 6.1 XDT Software does not warrant that the Software and/or the Documentation will meet your requirements or that the operation of the Software will be uninterrupted or error free.
- 6.2 Results of learning, information retention and pace are understood to be self-discretionary, subjective and circumstantial for which users agree to accept full responsibility.
- 6.3 Users accept full responsibility for use, administration and maintenance of computers, workstations, applications or third party plug-ins that are required for use.
- 6.4 Except as expressly provided herein, all conditions and warranties (expressed or implied, statutory or otherwise) are excluded by XDT Software, including but without limitation to any warranties implied by the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act 1980 or by Section 39 of the said 1980 Act.
- 7.1 You agree to indemnify and hold the XDT Software Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.
8. Government End Users.
- 8.1 If the Software and Documentation are supplied to or purchased by or on behalf of the United States Government, then the Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this Software License apply.
9. Controlling Law
- 9.1 This Agreement will be governed and construed in accordance with the laws of the State of Washington.