LEARNNOW, LLC (LearnNowOnline) END-USER LICENSE AGREEMENT (EULA)
NOTE: This product was created, owned and copyrighted by LearnNow, LLC (dba LearnNowOnline (LNO)) or third party suppliers licensing product to LNO, for sale by LearnNow, LLC. Therefore, this License Agreement ("Agreement" and/or "License") is a legal agreement between you (either an individual or an entity) and LearnNow, LLC, a Minnesota company (LearnNowOnline, LNO, We or Us) for the software APPDEV LEARNING ENGINE, and other software used to provide training Content, which includes downloaded software and online or electronic documentation, source code, media files, and any printed materials (collectively, the “SOFTWARE”). TRAINING CONTENT consists of that which is viewable and usable by you by using the SOFTWARE. TRAINING CONTENT includes training video, eBooks, viewable books online, hands-on labs, sample code, pre- and post-test exams. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not install or use the SOFTWARE.
All parts of the SOFTWARE are protected by United States federal copyright law. Copying the SOFTWARE for any reason other than to make a backup is a violation of law. Individuals who make unauthorized copies of SOFTWARE may be subject to civil and criminal prosecution.
LNO makes no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the SOFTWARE. LNO does not warrant, guarantee or make any representations regarding the use or the results of the use of the SOFTWARE in terms of its correctness, accuracy, reliability or otherwise. The entire risk as to the results and performance of the SOFTWARE is assumed by you. In no event will LNO, their directors, officers, employees or agents be liable to you for any consequential, incidental or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the SOFTWARE even if LNO has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. LNO’s liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to $50.
Please read this License Agreement carefully before installing and/or using the SOFTWARE. By installing and/or using the SOFTWARE you agree to be bound by the terms of this agreement. If you do not agree to these terms we are unwilling to license the SOFTWARE to you, and you should not install and/or use the SOFTWARE. In such case, do not install and/or use the software and promptly notify LearnNow, LLC for a refund in accordance with LearnNow, LLC’s return policies.
1. GRANT OF LICENSE. We grant you the following rights, provided you comply with all of the terms and conditions of this EULA: Download, installation of SOFTWARE and use of TRAINING CONTENT. Except as otherwise expressly provided in this EULA, you may download, install, use, activate, access, display and run the SOFTWARE in one instance. We also grant you, provided you comply with all of the terms and conditions of this EULA, the right to use and view the TRAINING CONTENT through use of the SOFTWARE. The TRAINING CONTENT cannot be copied or downloaded but can be streamed only through the use of the SOFTWARE. This License may not be shared, transferred to or used concurrently on different computers. This EULA is granted to you and therefore may not be transferred or assigned to another person or entity.
2. INTELLECTUAL PROPERTY RIGHTS.
All title and intellectual property rights in and to the SOFTWARE and TRAINING CONTENT, including but not limited to any images, photographs, video, audio, music, text, and any accompanying printed materials, are owned by LNO or its suppliers. The SOFTWARE is licensed, not sold. If this SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the software.
Your rights to use the SOFTWARE and TRAINING CONTENT are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under United States Copyright law, international treaty provisions, or any other federal or state law.
3. PROHIBITED USE. You may not, without written permission from us: (a) Make, use, copy, merge, transfer, sublicense, loan, lease, or rent copies of the SOFTWARE or documentation or any part thereof except as provided in this Agreement; (b) Use any backup or archival copies of the SOFTWARE or documentation or any part thereof (or allow someone else to use such copies) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective; (c) Disassemble, decompile or unlock, reverse translate, reverse engineer, or in any manner decode the SOFTWARE or documentation or any part thereof for any reason; (d) Modify, adapt, translate, or create derivative works of the SOFTWARE or documentation or any part thereof; or (e) copy, record or store the TRAINING CONTENT.
4. LIMITED WARRANTY. LNO warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the initial date of use. Any implied warranties on the SOFTWARE is limited to thirty (30) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
5. MONITORING. You agree that LNO may monitor your use of the SOFTWARE for compliance with these terms at any time. In the event that such monitoring reveals any use of the SOFTWARE by you other than in full compliance with the terms of this EULA, LNO may terminate use of the SOFTWARE. You agree that LNO may use measures to disable access to and the use of the SOFTWARE by you at any time. You agree not to thwart, interfere or block the operation of any aspect of the SOFTWARE.
6. CUSTOMER REMEDIES. LNO and its suppliers' entire liability and your exclusive remedy shall be, at LNO's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty and which is returned to LNO with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
7. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, LNO and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state to state.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INVESTMENT, LOSS OF REVENUE, LOSS OF PRODUCTION, LOSS OF GOODWILL OR REPUTATION OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY OR OTHERWISE.
If you have any questions about this Agreement, write to: LEARNNOW, LLC, 10250 Valley View Road, Suite 121, Eden Prairie, MN 55344 or call at (952) 253-8129.
Date of Last Revision: 31 May 2017