Terms of Service

YOU SHOULD CAREFULLY READ AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS BEFORE USING YOUR 'STUDENT ID' TO ACCESS THIS E-LEARNING PRODUCT. USING YOUR 'STUDENT ID' INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT FROM THIS COURSE. IF APPROPRIATE, YOUR MONEY WILL BE REFUNDED.

TO ACCESS THIS E-LEARNING PRODUCT, PLEASE INDICATE YOUR AGREEMENT TO THESE TERMS:

Yes, I agree to be the ONLY person using this Student ID
Yes, I agree not to share this course with any one else
Yes, I agree to ONLY use this Student ID for my own training purposes.
Yes, I agree that if I use this Student ID to train others, then EVERY person I train will have also purchased their own Student ID.
Yes, I accept and agree to be bound by the complete License Agreement of <> as stated below.

1. GRANT OF LICENSE. In consideration of payment of the License Fee, which is part of the price you paid for this E-learning product, Licensor, Mintaka Publishing Inc. grants to you, the Licensee, a non-exclusive, non-transferable LICENSE to use the E-learning product in accordance with the following terms:

1.1 You are licensed to use the E-learning product - on a standalone, group or classroom basis - to train only yourself, or others, having their own, unique 'Student ID'. Each person in a group or class is considered a "student" and must have their own, unique 'Student ID'. Additional 'Student IDs' may be licensed by contacting a Mintaka Publishing Inc. representative.

1.2 You are licensed to use the E-learning product to assist in training yourself and others with a paid Student ID. You are NOT licensed to use the E-learning product to assist in training anyone else, unless payment has been made, or other appropriate written approval has been received by Mintaka Publishing Inc.. If you want to use the E-learning product to train persons other than yourself and your employees, you may arrange to do so by obtaining the appropriate licenses from Mintaka Publishing Inc..

2. OWNERSHIP OF THE E-LEARNING PRODUCT. As the Licensee, you own the physical objects (that is, the magnetic media, and the paper) on which the E-learning products are recorded. As the Licensor, Mintaka Publishing Inc. (or its licensors, if any) own and will retain all title, copyright, trademark and other proprietary rights in and to the E-learning product. This LICENSE is NOT a sale of the E-learning product or any copy of it. You, the Licensee, obtain only such rights as are provided in this Agreement. You understand and agree as follows:

2.1 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT make any copies of all or any part of the E-learning product except for archival copies of the computer software component of the E-learning product as permitted by the United States Copyright Act. You agree to reproduce and include the Mintaka Publishing Inc. copyright on any such copies.

2.2 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT reverse compile, reverse assemble, reverse engineer, modify, incorporate in whole or in part in any other product or create derivative works based on all or any part of the E-learning product.

2.3 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the E-learning product.

2.4 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT sell, license, sublicense, rent, or otherwise transfer the E-learning product without the written permission of Mintaka Publishing Inc.

2.5 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT export or re-export the E-learning product without the appropriate United States and/or foreign government licenses.

2.6 You (and your students, employees, members, associates, volunteers, participants, etc.) are required to protect the confidentiality of the E-learning product. You may not distribute or otherwise make E-learning product available to any third party (other than a transferor of the E-learning product in accordance with Section 2.4 above.)

3. TERM. The term of this LICENSE will continue until Mintaka Publishing Inc. provides written consent to assignment or transfer of this LICENSE or until Mintaka Publishing Inc. terminates this LICENSE as provided herein. Mintaka Publishing Inc. may terminate this LICENSE, for cause, if Mintaka Publishing Inc. gives written notice to you specifying any failure or default in the performance of any provisions of this LICENSE and you fail to cure said failure or default to the satisfaction of Mintaka Publishing Inc. within 30 days after such notice. Upon the termination of this LICENSE, you will promptly return to Mintaka Publishing Inc. or destroy all copies of the E-learning product and related documentation covered by this LICENSE.

4. LICENSEE'S RESPONSIBILITIES FOR SELECTION AND USE OF THE E-LEARNING PRODUCT. The E-learning product is a tool that Mintaka Publishing Inc. hopes you will find useful in your efforts to educate or train others. HOWEVER, Mintaka Publishing Inc. DOES NOT WARRANT THAT THE E-LEARNING PRODUCT IS ACCURATE OR COMPLETE WITH RESPECT TO LAWS, REGULATIONS, PRACTICES, OR ANY OF THE FACTS OR OPINIONS EXPRESSED IN THE E-LEARNING PRODUCT. You are responsible for the supervision, management and control of the use of the E-learning product, and output of the E-learning product, including, but not limited to: (a) selection of the E-learning product to achieve your intended results; (b) determining the appropriate uses of the E-learning product in your business; (c) establishing adequate independent procedures for testing the accuracy of the E-learning product; and (d) establishing adequate backup to prevent the loss of data in the event of a E-learning product malfunction.

5. WARRANTY.

5.1 Warranty. Subject to the other provisions in Articles 4 and 5 of this Agreement, Mintaka Publishing Inc. warrants that, for a period of 90 days from receipt by you, the software program and magnetic media which form parts of the E-learning product (the "Software") will conform in all material respects to the user documentation furnished to you. Mintaka Publishing Inc.'s sole responsibility under this warranty will be, at its option, (1) to use reasonable efforts to correct documented errors in said Software that are reported to it within the foregoing warranty period or (2) to refund a prorated protion of the net license fee paid to Mintaka Publishing Inc. with respect to the license of the E-learning product. Mintaka Publishing Inc. does not warrant that the Software will be error free, nor that all program errors will be corrected. All requests for Software warranty assistance shall be directed to Mintaka Publishing Inc. Asserted errors must be documented by you to Mintaka Publishing Inc., detailing the error, describing how to recreate the error, and including, if available, sample output.

5.2 Exceptions. Mintaka Publishing Inc.'s warranty does not apply insofar as: (a) any Software is subjected to misuse, neglect, accident or exposure to environmental conditions beyond those specified by Mintaka Publishing Inc.; (b) claims resulting from acts or omissions caused by persons other than Mintaka Publishing Inc. or from products, material or software not provided by Mintaka Publishing Inc.; (c) you use Software that does not include all updates available from Mintaka Publishing Inc. or (d) a guaranteed level of performance when related to connectivity and delivery over the internet.

5.3 Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 5 IS THE ONLY WARRANTY GIVEN BY Mintaka Publishing Inc. WITH RESPECT TO ANY E-LEARNING PRODUCT FURNISHED HEREUNDER; Mintaka Publishing Inc. MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE; AND SPECIFICALLY DISCLAIMS THE WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. SAID EXPRESS WARRANTY SHALL NOT BE ENLARGED OR OTHERWISE AFFECTED BY Mintaka Publishing Inc.'s RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE E-LEARNING PRODUCT. Mintaka Publishing Inc. SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE E-LEARNING TRAINING PRODUCT.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

6. LIMITATIONS ON REMEDIES. Mintaka Publishing Inc.'s liability in contract, tort or otherwise arising out of or in connection with any E-learning product, any output of any Software, or Mintaka Publishing Inc.'s sales or license agreement with you shall not exceed the net license fee paid to Mintaka Publishing Inc. for the E-learning product. IN NO EVENT SHALL Mintaka Publishing Inc. BE LIABLE FOR SPECIAL, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE E-LEARNING PRODUCT OR Mintaka Publishing Inc.'s PERFORMANCE OF SERVICES, EVEN IF Mintaka Publishing Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are a government agency, you acknowledge that the E-learning product was developed at private expense and that the computer software component is provided to you subject to RESTRICTED RIGHTS, as defined in 48 CFR Part 227.471, and all other technical data are provide to you subject to LIMITED RIGHTS, as defined in 48 CFR Part 227.471.

RESTRICTED RIGHTS LEGEND--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 (May, 1987) clause at 252.227-7013 (48 CFR). Contractor/manufacturer is Mintaka Publishing Inc.

8. GENERAL

8.1 The terms of this LICENSE shall be construed in accordance with the substantive laws of the Province of Ontario, Canada.

8.2 If you have any questions about this Agreement, you may write to Mintaka Publishing Inc. at Mintaka Publishing Inc.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND Mintaka Publishing Inc. WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND Mintaka Publishing Inc. RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.