NB: In this document, "You" means the user of the Software and "Skillsoft" means the Skillsoft company serving the country where the Software is acquired.
BY USING THIS SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND SKILLSOFT. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT FROM THIS COURSE AND RETURN THIS COURSE TO THE PERSON FROM WHOM YOU OBTAINED IT WITHIN THREE (3) DAYS OF RECEIPT AND OBTAIN A REFUND.
SKILLSOFT grants you a terminable non-exclusive, nontransferable license to use one copy of the enclosed software program (the "Software") and accompanying documentation in accordance with the following terms and conditions.
You may use the Software only on a single stand-alone computer or a network node from which the Software cannot be accessed by another computer. You may make one (1) copy of the Software for back-up or archival purposes only. If the Software is installed in a corporate or network environment it shall be used by no more than one (1) user unless the number of authorized copies or users of the Software is set out on this package or in a separate agreement with Skillsoft. Software may be installed on a network server only for the purpose of distributing copies of the Software to other computers and for no other purpose whatsoever. You will not: (a) copy the Software, except as provided above, (b) reverse engineer, disassemble, or decompile the Software, (c) transfer or make available the Software to any other party, or (d) use the Software outside the country of acquisition.
The computer software, artwork and other components included in the Software are the copyrighted property of Skillsoft and its licensors. The Software is licensed (not sold) to you, and Skillsoft owns all copyright, trade secret, patent, and other proprietary rights in the Software. You may use the Software on a single computer. You may not: (1) copy (other than once for back-up purposes), distribute, rent, loan, lease, or sublicense all or any portion of the Software; (2) modify, translate, distribute, or prepare derivative works of the Software or the accompanying documentation; (3) reverse engineer, decompile, or disassemble the Software or the accompanying documentation; or (4) remove any proprietary notices, labels, or marks on the Software and accompanying documentation. You may not transfer the Software. Your license is automatically terminated if you transfer the Software.
THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE SOFTWARE, ACCOMPANYING DOCUMENTATION AND ANY COPY MADE BY YOU REMAIN WITH SKILLSOFT OR ITS LICENSORS, AS THE CASE MAY BE. CONFIDENTIALITY – The Software contains confidential trade secret information belonging to SKILLSOFT, and you may use the Software only pursuant to the license set forth herein. In addition, you may not disclose the Software to any third party.
SKILLSOFT warrants to the licensee that the media furnished in this product will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase.
You expressly acknowledge and agree that use of the Software is at your sole risk. Except for the limited ninety (90) day warranty on the media set forth above, the Software and any related documentation or materials are provided "AS IS" and without warranty of any kind. SKILLSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SKILLSOFT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND YOU (AND NOT SKILLSOFT) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE SHALL SKILLSOFT, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF SKILLSOFT OR AN SKILLSOFT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS DEPENDING ON THE LAWS IN YOUR STATE. YOU AGREE THAT THE LIABILITY OF SKILLSOFT ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE USE OF THE SOFTWARE.
U.S.A. ONLY. If the Software is acquired under agreement with the U.S. government or any contractor therewith, it is acquired as "commercial computer software" subject to the provisions hereof, as specified in 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DOD FAR Supplement, or sections succeeding thereto.
This License is governed by the laws of the jurisdiction of the Skillsoft Company serving the country where the Software was acquired. If any provision of this license is not enforceable, it will be served from this license and the remainder will remain in full force and effect.
If you have any questions regarding this License or the Software, please contact the Skillsoft office nearest you.
Skillsoft Corporation
107 Northeastern Blvd
Nashua, NH 03062
USA
Phone: 603-324-3000
Fax: 603-324-3210
Skillsoft U.K. Ltd.
EMEA Headquarters (U.K)
Compass House
2nd Floor
207-215 London Road
Camberley
GU15 3EY
UK
Phone: +44 (0) 127 640 1950
Fax: +44 (0) 127 640 1951
internationalinformation@skillsoft.com
Skillsoft Asia Pacific Pty. Limited
Level 1
71 Epping Road
North Ryde NSW 2113
Sydney
Australia
(PO Box 365 North Ryde NSW 2113)
Phone: + 61 2 9941 6333
Fax: +61 2 9887 1780
asiapacific@skillsoft.com
© 2018 Skillsoft Ireland Limited