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CRANE COLLEGE SOFTWARE LICENSE AGREEMENT
END-USER LICENSE AGREEMENT FOR CRANE COLLEGE SOFTWARE – Training Modules, IMPORTANT-READ CAREFULLY: This CRANE COLLEGE Software License Agreement (“CCSLA”) is a legal agreement between you (either an individual or a single entity) and CRANE COLLEGE software product, which includes associated media and printed materials and “online” training courses.
(“SOFTWARE PRODUCT” or “SOFTWARE”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this CCSLA. There is no refund. If the product is defective promptly return the defective disks (if applicable) and a new copy(s) will be sent once we receive the defective SOFTWARE. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
This CCSLA grants you the following rights: The following section, Systems Software applies to all versions of the SOFTWARE PRODUCT. You may use the SOFTWARE PRODUCT on a single computer at a time and only by one user at a time. The “online” SOFTWARE can be viewed and utilized on any pc as long as the correct user id and password is implemented. Only one user may have access to the system at any given point in time.
2. DESCRIPTION OF RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly – You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. Separation of Components – The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. Rental – You may not rent or lease the SOFTWARE PRODUCT. Software Transfer – You may not permanently transfer all of your rights under this CCSLA without the prior written consent of CRANE COLLEGE. Termination – Without prejudice to any other rights, CRANE COLLEGE may terminate this CCSLA if you fail to comply with the terms and conditions of this CCSLA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. Development License Restrictions – These restrictions apply to a licensee who develops Application Software that utilizes SOFTWARE PRODUCT in a commercially distributed application.
Must purchase a license of SOFTWARE PRODUCT for each copy of the Application Software sold;
SOFTWARE PRODUCT is not the sole or primary component of such Application Software;
You must give proper acknowledgment of the copyright of CRANE COLLEGE;
Must not be used to create a software application that competes with or is intended to compete with, directly or indirectly, the SOFTWARE PRODUCT;
The Application Software must add significant value to the SOFTWARE PRODUCT
All other uses that fall outside the scope of the CCSLA must receive the prior written permission of CRANE COLLEGE.
If the SOFTWARE PRODUCT is an upgrade from another product, whether from CRANE COLLEGE or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of the product, you now may use that upgraded product only in accordance with this CCSLA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets,” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Operator Network or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. Copyrights and trademarks may not be used on online auction sites without the express prior written permission of CRANE COLLEGE.
5. INJUNCTIVE RELIEF
The parties agree that if you utilize or otherwise uses any of the Software Product in an unauthorized manner, or breach the remaining terms and conditions of this CCSLA, that such use or breach would have a devastating and serious impact on CRANE COLLEGE’S continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to Operator Network. The parties agree that in such event, in addition to Operator Network’s right to recover damages for a breach of this CCSLA, CRANE COLLEGE would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent the You, your employees, agents, consultants, or independent contractors from engaging in any further use of the Software Product or the continued breach of the remaining terms and conditions of this CCSLA.
6. DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.
7. U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Attn: Training Division
United States of America
In the USA this CCSLA is governed by the laws of the Commonwealth of Pennsylvania, and the parties to this Agreement waive personal service of any and all process upon them and consent that all such service of process be made by registered mail and shall be deemed to be completed five (5) business days after the same shall have been deposited in the United States mail, postage prepaid. You waive any objection based on forum non convenience and any objection to venue of any action instituted under this Agreement by Operator Network in any jurisdiction. Should you have any questions concerning this CCSLA, or if you desire to contact CRANE COLLEGE for any reason, please contact the CRANE COLLEGE subsidiary serving your country, or write:
9. LIMITED WARRANTY
CRANE COLLEGE warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, are limited to ninety (90) days, respectively.
10. CUSTOMER REMEDIES
CRANE COLLEGE and its suppliers’ entire liability and your exclusive remedy shall be, at Operator Network’s option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet CRANE COLLEGE’S Limited Warranty and which is returned to CRANE COLLEGE with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by CRANE COLLEGE are available without proof of purchase from an authorized international source.
11. NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, CRANE COLLEGE and it’s suppliers disclaim all other warrantees, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the software product. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
12. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall CRANE COLLEGE or it’s suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption ,loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product, even if CRANE COLLEGE has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
The restrictions and obligations as contained in this CCSLA which You have voluntarily agreed to shall survive any expiration, termination or cancellation of this CCSLA , and shall continue and remain in effect for one year, said period commencing on the day and year first written above to bind You, and your employees, agents, successors, heirs and assigns.
This CCSLA sets forth the entire Agreement and understanding between the parties as to the subject matter of this Agreement and supersedes all prior discussions, representations, and amendments of understandings of every kind and nature between them.
Except as otherwise provided in this CCSLA, this Agreement may not be amended, altered, or any of its provisions waived on behalf of ether party, except in writing executed by both parties’ duly authorized agent.
This Agreement and the rights and duties under this Agreement may not be assigned by you without prior written consent of CRANE COLLEGE.
This CCSLA shall be binding upon and inure to the benefit of Operator Network and its successors and permitted assigns.
This CCSLA may be executed in one or more counterparts, each of which shall be enforceable against the party actually executing the counterparts, and all of which together shall constitute one instrument.
Captions contained in this Agreement are inserted for reference and in no way define, limit, extend or describe the scope of the CCSLA or intent of any provision in the CCSLA.
If any provision of this CCSLA becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this CCSLA shall continue in full force and effect without said provision; provided, however, that no such severability shall be effective if it materially changes the economic benefit of the CCSLA to the other party.
21. AUTHORITY TO EXECUTE
You warrant and represent to CRANE COLLEGE that this CCSLA shall be binding upon you once executed, and that the individual executing this document is authorized or has been empowered to do so.