1. ACCEPTANCE: By clicking the "I Accept" button or by accessing or using any of the web-based training services (“Services”) listed below which you have selected, you are agreeing to the terms of this Universal Single User License Agreement ("Agreement"). Please read this Agreement carefully.
This is an Agreement between you and SouthStep LTD (“UK SouthStep LTD”) relating to access to the Services that you access. The rights of access granted in this License Agreement are provided only to you. You are the only person who may view or access the purchased Services throughout the term of this Agreement. Only those terms set forth in this Agreement related to the Services purchased by you shall be applicable to you.
2. TERM: The term of this Agreement shall commence on the date license was invoiced to you or your organisation and shall continue for a term (“Term”) of one (1) year. Once the Term ends, this license will automatically terminate and you will no longer have access to the Services.
3. TITLE: SouthStep LTD or its suppliers are the exclusive owners of the Services. Title to the Services, or any copy, modification or merged portion of the Services, shall at all times remain with the btm-copyright holder indicated in the courseware.
4. LICENSE: UK SouthStep LTD grants to you a temporary, nonexclusive, non-transferable license to access those Services described in 4(a) & 4(b)below that are displayed when you log in to access the courseware using the id and password allocated to you by SouthStep LTD (a) Licensed Courseware. You are hereby granted the right to access and use SouthStep LTD’ Courses and courseware from other suppliers, which are accessible from the Internet URLs specified by SouthStep LTD from time to time. Plug-ins and other executable files downloaded to you when you display the Courses may be used following the end of the Term, but only for your own individual use. (b) Instant Mentoring
5. RESTRICTIONS: You may not: (a) sublicense, assign, transfer, distribute or rent the Services; (b) use, copy or modify the Services, in whole or in part, except as expressly permitted in this Agreement; (c) take any action designed to unlock or bypass any restrictions on number of users or access to the Services; or (d) access any of the Services after the end of the license term. There are no implied licenses. You agree not to exceed the scope of the licenses granted herein.
6. INSTANT MENTORING: The following terms apply to your use of the Instant Mentoring Services: (a) Licensor’s Instant Mentoring Services consist of certain online support provided to you through the Internet via Licensor’s web site. Online support will be provided through designated dialog windows and message boards established for one or more series of SouthStep LTD’ Courses. You will be presented a dialog window when accessing a SouthStep LTD’ Course through the Internet. Subject to the limitations set forth below, each dialog window generally will be monitored by an online mentor. Each dialog window will allow you to communicate with the online mentor and other end users participating in the designated dialog window. You may submit subject matter questions to the online mentor through the dialog window or post questions directly to the message board. Online mentors will use commercially reasonable good faith efforts to respond to appropriate subject matter questions submitted by you. Questions that cannot be resolved online, or that are submitted through the message board, will be referred to subject matter experts for resolution offline. Answers to questions resolved offline will be posted to the appropriate message board. SouthStep LTD will use its commercially reasonable good faith efforts to post, on the appropriate message board, responses to all questions that cannot be resolved online or that are submitted through a message board. Offline resolution times will generally range from twenty-four (24) to forty-eight (48) hours of the receipt of the question. (b) Subject to the limitations provided herein, the Instant Mentoring Services generally will be available 24 hours per day, seven days per week. Except for scheduled down time, dialog windows will be available 24 hours per day to permit communication among end users participating in the dialog windows. Online mentors will not be available during certain times or under the following circumstances: (i) during one or more shifts on recognised public holidays in the United States, the United Kingdom and Singapore; (ii) during the holiday period commencing on December 24 and ending on the first business day in January; (iii) during non-business hours in the United States with respect to certain less popular SouthStep LTD’ Courses; (iv) with respect to certain SouthStep LTD’ Courses where providing substantive responses may constitute the unauthorised practice of law, medicine or other profession which is regulated by a state or states; and (v) with respect to selected older versions of some SouthStep LTD’ Courses. (c) Licensor reserves the right to establish, from time to time Rules of Conduct that will govern all postings, inquiries, questions and other material of any sort submitted through a dialog window or posted to a message board. Such Rules of Conduct, if and when established, shall be posted on a designated Licensor website or will otherwise be made available to you for your review. (d) Instant Mentoring Services are provided by SouthStep LTD through a contract with a third party provider and are provided on a best endeavors basis. Neither SouthStep LTD nor its third party provider shall have any liability whatsoever with respect to the Instant Mentoring Services. (e) Instant Mentoring Services are available only in English. Material to any other third party is a violation
7. WARRANTY: Except as otherwise expressly stated herein the services and their content are provided "as is" and there are no warranties or conditions (express or implied, arising by statute or otherwise in law or from a course of dealing or usage of trade) for the services. The entire risk as to satisfactory quality, noninfringement, performance, accuracy, and effort is with you, the User. SouthStep LTD and its direct and indirect suppliers disclaim all implied warranties or Conditions of merchantability, merchantable quality or fitness for any purpose, particular, specific or otherwise, or noninfringement of third party intellectual property rights. These disclaimers constitute an essential part of this agreement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.
Licensor does not warrant that the functions contained in the Services will meet your requirements or expectations or that the operation of the Services will be entirely error free.
8. LIMITS OF LIABILITY: to the maximum extent permitted by applicable law, in no event will SouthStep LTD or its direct or indirect suppliers be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages, arising out of the use or inability to use the services, even if licensor had been advised of the possibility of such damages. These limitations of liability constitute an essential part of this agreement. Some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages for consumer products, so the above limitations or exclusions may not apply to you.
9. TERMINATION: Upon the violation of any of the provisions of this Agreement, your right to access the Services shall automatically terminate.
10. EXPORT LIMITATIONS: None of the Services or underlying information or technology may be displayed, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By agreeing to the terms of this Agreement, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. GENERAL: If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. The application of this Agreement with respect to SouthStep LTD Courses and Instant Mentoring shall be governed by the local laws of the State of Ohio, United States of America, the application of this Agreement with respect to other courses shall be governed by English Law.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND, BY CLICKING THE BUTTON MARKED "I ACCEPT" INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS IS THE COMPLETE AGREEMENT BETWEEN YOU AND LICENSOR AND IT SUPERSEDES ANY OTHER INFORMATION YOU MAY HAVE RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
If you agree to the terms of the license, indicate your agreement by clicking the "I Accept" button. If you do not agree to the terms of the license, click on the "I decline" button.