This License Agreement (the “Agreement”) governs the use of 180 Licensing Exam Prep Inc.’s (180 Licensing’s) training and educational products and programs (the “Programs”). including training courses and exam simulations delivered through the 180 Licensing Website, reference manuals, and any other associated electronic or printed materials (together, “Program Materials”). By using the licensed Programs, you agree to be bound by the terms and conditions of this Agreement. These terms of service and our Guarantee and Policy Return Policy constitute the entire agreement between the parties.
Program License. This Agreement permits you to access and use the Programs in the following limited ways:
Unlimited use of any printed manuals or training materials delivered as part of a 180 Licensing Program by the one individual holding the license; however, the materials shall not be copied or redistributed in any way, whether or not for resale.
Unlimited access to one Program training course delivered through the 180 Licensing Website is granted during a defined subscription period (60 days with a free 60 day extension, unless otherwise specified) to any individual who has purchased online access to that Program. Online access may not be transferred or otherwise used by more than the one individual holding the license.
Unlimited access to one Program practice test or exam simulation delivered through the 180 Licensing Website is granted during a defined subscription period (60 days with a free 60 day extension, unless otherwise specified) to any individual who has purchased online access for that Program. Online access may not be transferred or otherwise used by more than the one individual holding the license.
Copyright and Transfer Restrictions. The Program Materials are owned by 180 Licensing and are licensed, not sold, to its customers. All Program Materials are protected by United States Copyright laws and international treaty provisions. 180 Licensing retains all rights not expressly granted in this Agreement. The Program Materials may not be rented, resold, or leased. Any software included in the Program Materials may not be reversed engineered, decompiled, or disassembled. Program Materials may not be copied or transferred to any other storage medium including, but not limited to, photocopies, hardcopies, jpegs, pdfs, media files, CD’s, disks, hard drives, servers, or other network devices.
Limited Warranty. 180 LICENSING MAKES NO WARRANTIES, REPRESENTATIONS, OR PROMISES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. 180 LICENSING DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 180 LICENSING SPECIFICALLY DOES NOT WARRANT THAT THE INFORMATION AND MATERIAL CONTAINED IN THE PROGRAMS OR THE USE OF THE PROGRAMS WILL MEET THE CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAMS WILL BE CORRECTED. FURTHERMORE, 180 LICENSING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAMS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SAFETY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 180 LICENSING OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
Limitations of Liability. IN NO EVENT SHALL 180 LICENSING BE LIABLE (REGARDLESS OF THE FORM OF ACTION OR THE CLAIM, E.G., CONTRACT WARRANTY, TORT, MALPRACTICE AND/OR OTHERWISE) FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS OPPORTUNITIES, OR FOR ANY FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, EVEN IF ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING. THE AGGREGATE LIABILITY OF 180 LICENSING RELATING TO OR ARISING FROM THIS AGREEMENT AND FOR ANY AND ALL CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER TO 180 LICENSING UNDER THIS AGREEMENT. 180 LICENSING IS NOT RESPONSIBLE FOR LOSS OF OR LOSS OF USE OF ANY WEBSITE, INTERNET ACCESS, HARDWARE OR SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, THE COST OF ANY SUBSTITUTE PERFORMANCE EQUIPMENT OR PROGRAM, OR RELATED CLAIMS BY ANY PARTY, EVEN IF ADVISED OF THE POSSIBLITITY THEREOF OTHER THAN AS SPECIFIED IN THIS AGREEMENT. THIS AGREEMENT DEFINES A MUTUALLY AGREED UPON ALLOCATION OF RISK, AND THE FEES AND OTHER CONSIDERATION FOR THE PROGRAMS HAVE BEEN SET TO REFLECT SUCH ALLOCATION. THIS SECTION SHALL NOT APPLY TO ANY TORT LIABILITY BASED ON GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PHYSICAL DAMAGE TO TANGIBLE PROPERTY, PERSONAL INJURY, OR DEATH.