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Legal
Statement
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IMPORTANT - READ THESE TERMS CAREFULLY BEFORE
ACCEPTING THIS LeanSCM.COM LICENSE AGREEMENT. BY ACCEPTING THIS
LeanSCM.COM LICENSE AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THIS LeanSCM.COM LICENSE AGREEMENT, AND THAT YOU AGREE TO BE
BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF
THIS LeanSCM.COM LICENSE AGREEMENT, PLEASE REFRAIN FROM USING THE
LeanSCM ELEARNING SYSTEM.
By using the LeanSCM Services and the LeanSCM Web site, you signify
your agreement to this license agreement.
If you do not agree to the terms, do not use the LeanSCM Services or
the LeanSCM Web site.
This LeanSCM.com License Agreement (“LeanSCM.com
Agreement”) is a legal agreement between you (“End
User”) and Leading Edge Training Institute Ltd.
(“Leading Edge”) for the right to access the
LeanSCM eLearning System product (“eLearning
System”) which includes any and all associated media and
“online” or electronic documentation delivered to
you via a Web site on the World Wide Web, the homepage of which is
currently located at http://www.LeanSCM.com/ (the “Leading
Edge Site”).
1. Grant of License
1.1 License. Subject to the terms and conditions of this LeanSCM.com
Agreement, Leading Edge hereby grants to End User, and End User hereby
accepts from Leading Edge, a nonexclusive, nontransferable and
non-assignable license to use only the eLearning System associated with
the log on identification (“User ID”) and password
provided by Leading Edge, solely for End User's use and not for the
benefit of any other person or entity.
2. End User’s Obligations
2.1 Proper Use. End User shall insure that the (“User
ID”) and/or passwords are not utilized by multiple
individuals. Your User ID, password and company identifier are required
for accessing and utilizing the eLearning System on the Leading Edge
Site. To ensure your security, never reveal your User ID, password or
company identifier to any third party.
3. Intellectual Property Rights and
Restricted Use
3.1 End User Acknowledgement. End User acknowledges that the eLearning
System, as well as all proprietary rights in and to the eLearning
System, including, but not limited to, all copyright, patent and trade
secret rights, are and shall remain the sole property of Leading Edge
and/or its licensors. End User shall have only the limited use rights
specifically granted by this LeanSCM.com Agreement. End User shall not
use the eLearning System on a “service-bureau'' basis, or
transfer or sublicense any part of the eLearning System. End User
further acknowledges that Leading Edge has no obligation to modify the
eLearning System in any manner for use by End User.
3.2 No Decompilation or Modification. End User shall not modify,
disassemble, decompile, reverse engineer, recreate, generate, or create
derivative works from the eLearning System or any portion thereof, or
otherwise attempt to obtain the corresponding code.
3.3 Confidentiality. End User shall not disclose or make available,
directly or indirectly, all or any portion of the eLearning System to
any person. End User shall take reasonable measures to ensure that the
eLearning System is maintained confidential.
4. Term and Termination
4.1 Term. This LeanSCM.com Agreement shall become effective upon
acceptance by End User. Access to the eLearning System at the Leading
Edge Site by the End User shall be allowed until expiration, or until
earlier terminated as provided herein.
4.2 Termination. Leading Edge, in its sole discretion, may terminate
this LeanSCM.com Agreement and the license granted hereunder if the End
User should fail to comply with any obligation set forth in this
LeanSCM.com Agreement, the Leading Edge Site Terms and Conditions, or
the Leading Edge Site Privacy Statement.
5. Warranties
5.1 Limited Warranty. Leading Edge warrants that the Leading Edge Site
will offer access to the eLearning System on a substantially full-time
basis. Notwithstanding the foregoing, the parties expressly recognize
that network servers and links, such as associated with the Internet,
are susceptible to downtime. Leading Edge shall use commercially
reasonable efforts to maintain a consistent link with the network upon
which the Leading Edge Site is available. Errors caused by hardware
malfunctions or failures are excluded.
5.2 Warranty Exclusions. Notwithstanding the limited warranty of
Section 5.1, Leading Edge shall have no warranty obligations if (i) End
User has used or is using the eLearning System in a manner not
contemplated by this LeanSCM.com Agreement or (ii) End User or any
third party has modified, or attempted to modify, the eLearning System.
5.3 NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED BY SECTION 5.1,
THE ELEARNING SYSTEM IS LICENSED "AS IS" AND LEADING EDGE MAKES NO
WARRANTY THAT THE ELEARNING SYSTEM SHALL OPERATE WITH ANY HARDWARE OR
SOFTWARE, OR THAT THE ELEARNING SYSTEM SHALL SATISFY END USER'S OWN
SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, LEADING EDGE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
INTENDED USE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE LICENSED
ELEARNING SYSTEM.
5.4 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL LEADING EDGE 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 OR RESULTING FROM THE USE OR INABILITY
TO USE THE ELEARNING SYSTEM EVEN IF LEADING EDGE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF
LEADING EDGE UNDER ANY PROVISION OF THIS LeanSCM.COM AGREEMENT SHALL BE
LIMITED TO THE GREATER OF THE LICENSE FEE ACTUALLY PAID OR U.S.$10.00.
6. Miscellaneous
6.1 Governing Law. This LeanSCM.com Agreement shall be governed by and
construed in accordance with the internal laws of the State of the
Republic of Ireland without regard to its conflicts of law principles.
Except as otherwise expressly provided by applicable state law
regulation, the parties agree that any action brought by either party
against the other shall be brought in the Republic of Ireland and the
parties do hereby consent to the personal jurisdiction of the Republic
of Ireland courts and waive all questions of personal jurisdiction or
venue for the purpose of carrying out this provision.
6.2 Attorneys' Fees. In the event that legal action is brought to
determine or enforce the rights of any party to this LeanSCM.com
Agreement, the prevailing party shall be entitled to recover reasonable
legal fees, costs, and expenses from the other party, including expert
witness fees.
6.3 Merger Clause. This LeanSCM.com Agreement, the Leading Edge Terms
and Conditions and the Leading Edge Site Privacy Statement contain the
entire agreement between the parties hereto.
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