This is an Agreement ("Agreement") between and the individual who is viewing this online Agreement ("End User", "You", or "Your"). Before accessing the SafetyNet Inc. computer software, which contains SafetyNet Inc. content and content supplied to SafetyNet Inc. by third parties, along with associated documentation, media, and "online" or electronic documentation, and other content and updates t (the "SafetyNet Inc. Products"),You must agree to the terms and conditions contained in this License Agreement. Upon your acceptance of the terms and conditions, which is implied by your continued use of the SafetyNet Inc. Products, SafetyNet Inc. grants You a license (the "License") to use and access the SafetyNet Inc. Products based on the following terms and conditions:
BY ACCESSING THE SafetyNet Inc. PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS YOU SHALL NOT ACCESS THE SafetyNet Inc. PRODUCTS.
- 1.LICENSE. SafetyNet Inc. grants You, subject to SafetyNet Inc.'s receipt of all appropriate license fees, a personal, restricted, non-exclusive, non-transferable, revocable license to access and use the SafetyNet Inc. Products solely your personal purposes and solely from the SafetyNet Inc. website. If the SafetyNet Inc. Products are being licensed for hosting by You, You may use one copy of the Products only on a single computer and a single terminal, work station or other device for which the SafetyNet Inc. Products were designed ("Computer") solely for development of Internet-based training applications relating to Your or Your employer's business and You may install and execute the SafetyNet Inc. Products solely in Executable Code form (which means the fully compiled version of a software program that can be executed by a computer and used by You without further compilation) for Your personal use at Your or Your employer's facilities as may be needed.
- 2.RESTRICTIONS. The License granted hereunder is personal to You. You may not transfer any of the rights granted to you under this Agreement, nor may You permit third parties, including but not limited to your subsidiaries and affiliates, to benefit from the use or functionality of the SafetyNet Inc. Products. Any attempt by You to transfer any of the rights, duties or obligations hereunder is void. The SafetyNet Inc. Products are licensed as a single product; they may not be shared or used concurrently on more than one Computer or by more than one user at a time, except as set forth in this paragraph. The SafetyNet Inc. Product is "in use" on a Computer when it is loaded into the permanent memory (e.g., a hard disk or other storage device) or loaded into the temporary memory (e.g., RAM) of a Computer. You may not use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display, or otherwise grant rights to the SafetyNet Inc. Products, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. You may not reverse engineer, disassemble, decompile, or translate the SafetyNet Inc. Products, or otherwise attempt to derive the source code, structural framework or the data records of the Products, or authorize any third party to do any of the foregoing. You may not loan, resell for profit, or distribute the SafetyNet Inc. Products, or any part thereof in any way including, but not limited to, making the SafetyNet Inc. Products available to any other individual via shared access to a single computer, a computer network, or access information, which may include the log-in name and password or other authentication data for the SafetyNet Inc. Products. You may not remove any proprietary notices or labels from the SafetyNet Inc. Products. You may not make copies of the SafetyNet Inc. Products, copy the printed materials or documentation accompanying the SafetyNet Inc. Products or give copies to another person, or duplicate the SafetyNet Inc. Products by any other means, including electronic transmission, except as specifically set forth herein. If You are hosting the SafetyNet Inc. Products, You may store or install a copy of the SafetyNet Inc. Products on a storage device, such as a network server, used only to install or run the SafetyNet Inc. Products on your other computers over an internal network; however, you must acquire and dedicate a license for each separate Computer on or from which the SafetyNet Inc. Product is installed, used, accessed, displayed or run. In addition, although You are encouraged to make a backup copy of the SafetyNet Inc. Products for your own use, you are not allowed to make more than two copies for backup purposes, provided that the copy You make contains all of the proprietary notices contained on the SafetyNet Inc. Products. You may print one copy of an e-kit (student materials provided electronically) solely in accordance with the instructions provided to You regarding the specific e-kit transmitted to You.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SafetyNet Inc. PRODUCTS TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
- 3.OWNERSHIP. The SafetyNet Inc. Products (including but not limited to all copyrights, patents, patent applications, trade secret rights, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other media incorporated into the SafetyNet Inc. Products) are the property of SafetyNet Inc. or its licensor(s) and supplier(s) and are protected by U.S. and international copyright and other intellectual property laws and treaties. The SafetyNet Inc. Products are licensed, not sold, to You for use only under the terms of this Agreement, and SafetyNet Inc. reserves all rights not expressly granted to You. SafetyNet Inc. and SafetyNet Inc. Products referenced in the SafetyNet Inc. Products are either trademarks or registered trademarks of SafetyNet Inc.. Other product and company names mentioned in the SafetyNet Inc. Products may be the trademarks of their respective owners. For clarification, You shall have no ownership or other right, title or interest in and to the SafetyNet Inc. Products, including but not limited to all copyright, and trademark rights, except as provided herein, such rights have been expressly reserved by SafetyNet Inc.. You also agree that you will indemnify SafetyNet Inc. for any and all costs, expenses and damages incurred by SafetyNet Inc. as a result of your infringement of SafetyNet Inc.'s intellectual property rights in or to the SafetyNet Inc. Products.
- 4.TERM. Your right to access the SafetyNet Inc. Products pursuant to the terms and conditions of this Agreement begin on the start date agreed between You and SafetyNet Inc. when you order the SafetyNet Inc. Products or on the date of shipment of the SafetyNet Inc. Products on CD ROM or hard drive, or as indicated in your contract with SafetyNet Inc.. This Agreement is deemed accepted by You and commences upon Your using the SafetyNet Inc. Products. The License granted to You will terminate on the earlier of the end of the last day that You are granted access to the particular SafetyNet Inc. Product that You licensed, or the term of the license set forth on the SafetyNet Inc. Product label on the CD Rom or hard drive, or the term of the license set forth in your contract with SafetyNet Inc.. You agree that sections 2 ("Restrictions"), 3 ("Ownership"), 7 ("Warranty; Disclaimer"), 8 ("Limitation of Liability"), 11 ("Export Law"), and 12 ("General") will survive termination of the License granted under this Agreement and expiration or termination of this Agreement.
- 5.TERMINATION. This Agreement will terminate immediately without notice to You if You breach any term or condition of this Agreement. SafetyNet Inc. reserve the right to modify or terminate this Agreement, or any of its services and/or product offerings at any time without notice to You. You may terminate this Agreement at any time by notifying SafetyNet Inc. in writing. Upon receipt of notice of termination, the license shall cease, and You shall promptly destroy, or return to SafetyNet Inc. and SafetyNet Inc. Products in Your possession or control. Further, in the event of a termination or expiration of any agreement between SafetyNet Inc. and a third-party supplier of content, Your right to access and use such content shall expire.
- 6.THIRD-PARTY SOURCES. You acknowledge that the SafetyNet Inc. Products may incorporate information that is proprietary to one or more third party (ies). Such third party(ies) and SafetyNet Inc. suppliers are third party beneficiaries of this Agreement with the authority to enforce those portions of this Agreement that are relevant to the agreements they have with SafetyNet Inc. directly against You.
- 7.CONTENT MAINTAINED BY SafetyNet Inc.. You acknowledge and agree that: (a) SafetyNet Inc. may, from time to time, elect to update the SafetyNet Inc. Products, but SafetyNet Inc. does not warrant or guarantee that any SafetyNet Inc. Products will be updated, or that any updates will be made available to You, at any time during the term of this Agreement; (b) SafetyNet Inc. does not assume, and expressly disclaims, any obligation to obtain and include any information in the SafetyNet Inc. Products; (c) SafetyNet Inc. is not advocating the use of any product described in the SafetyNet Inc. Products (or elsewhere), nor is SafetyNet Inc. responsible for misuse of a product due to typographical or other errors in the SafetyNet Inc. Products, Your negligence or otherwise; (d) You agree to seek additional information on any product from the manufacturer; and (e) You will use the content included in the SafetyNet Inc. Products only as a reference aid, and that such content is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in technology, You should confirm the content in the SafetyNet Inc. Products through independent sources.
- 8.WARRANTY DISCLAIMER. THE SafetyNet Inc. PRODUCTS ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS." SafetyNet Inc. AND ITS AFFILIATES, AGENTS, DISTRIBUTORS, SUPPLIERS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE SafetyNet Inc. PRODUCTS PROVIDED HEREUNDER OR THAT YOUR USE OF THE SafetyNet Inc. PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS OR FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT CONFIGURATION; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE SafetyNet Inc. PRODUCTS IS ENTIRELY AT YOUR OWN RISK, INCLUDING THE RISK FOR SELECTING THE SafetyNet Inc. PRODUCTS TO ACHIEVE YOUR INTENDED RESULTS AND PERFORMANCE, AND FOR INSTALLATION AND USE OF THE SafetyNet Inc. PRODUCTS.
- 9.LIMITATION OF LIABILITY. EXCEPT WHERE THIS LIMITATION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE STATUTE OR REGULATION, NEITHER SafetyNet Inc. NOR ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS SHALL BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SafetyNet Inc. PRODUCTS, NOR SafetyNet Inc.''S PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, NOR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, DAMAGES FROM LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE THE SafetyNet Inc. PRODUCTS, EVEN IF SafetyNet Inc., ITS AFFILIATES, AGENTS OR LICENSORS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE. SafetyNet Inc.''S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SafetyNet Inc. PRODUCTS. THIS LIMITATION OF DAMAGES SET FORTH HEREIN CONSTITUTES A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SafetyNet Inc. AND YOU.