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End-User Licensing Agreement IMPORTANT - READ THIS ENTIRE AGREEMENT CAREFULLY. This End-User Licensing Agreement ("EULA" or "Agreement") is a legal agreement between you (an individual /single user or a corporate user) ("Licensee" or "User") and Modet, Inc. for the Modet, Inc. website "e-Learning" program ("Program") and any other programs or services offered by Modet, Inc. Modet, Inc. licenses the Program to you upon the express condition that you accept all of this Agreement's terms and conditions. By accessing the Modet, Inc. website and/or using the Program, you agree to be bound to the terms of this EULA. This EULA represents the entire agreement between Modet, Inc. and you, and it supersedes all prior or contemporaneous communications, proposals, representations, or understandings between the parties with respect to the Program or any other subject matter covered by this Agreement. To the extent the terms of any Modet, Inc. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. If you do not agree to the terms of this EULA, then Modet, Inc. will not license the Program to you, you must not use the Program, and you may contact Modet, Inc. for a refund of your license purchase price. 1. Term of LicenseSingle-User Licensees and Corporate User Licensees may use the Program during the purchased term for so long as each licensee abides by each provision of this Agreement, subject to the purchase of renewals at the end of the specified term. The term of the license shall be for the period specified in the sales agreement, with an option to renew. 2. Grant of LicenseThe Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Modet, Inc. reserves all rights not expressly granted to you in this Agreement, in all media, whether now known or later developed. Modet, Inc. owns the title, copyright, and other intellectual property rights in the Program. Subject to each provision of this Agreement, the Program is licensed, not sold, to you as follows: Modet, Inc. grants to you, solely during the term (specified in Section 1), a limited, nonexclusive, nontransferable license, with no right to grant any sublicense, to use the Program, in electronic form only, strictly pursuant to the type of license issued to you by Modet, Inc. as described in the subsections below. Grant of license is expressly conditioned upon prepayment of all license fees and you agree to pay the current license fee associated with the version of the Program you are using and, in the case of a Corporate Licensee, the number of users ("Seats") for which you will provide access. You may obtain a list of current licensing fees and detailed pricing terms by contacting Modet, Inc.'s Sales Department. a. Single-User License For use by one person, with rights to use the Program, but solely for the personal and noncommercial use of one individual user, and limited by the terms of this Agreement. Sharing of access among more than one user violates the terms of this Agreement and the license is terminated immediately upon such violation. b. Corporate License.i Grant of Rights 1. For use by a corporate entity with multiple users, with the right to provide access to individuals within the entity through a corporate portal on the company network or through the Modet, Inc. website, for internal use of licensee's employees only. The Program may be used by multiple users concurrently, limited by the number of Seats purchased. ii. Expiration of Rights 1. The rights in the Program set forth in Section 2 above shall automatically expire if at any time (a) the user is no longer employed by the Customer; (b) the Licensee provides access to more users than the number of Seats purchased; (c) the Licensee violates any terms of this EULA; or (d) the license term expires and the User does not purchase a renewal. 3. Other Rights and LimitationsYou may not reverse engineer, decompile, or disassemble the Program, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not access the Modet, Inc. e-learning portal or any affiliated websites except for the uses granted in this Agreement. This Agreement does not give you any rights and you have no rights to any code, in any form, on the Modet, Inc. website. 4. Termination This License terminates immediately and automatically upon breach of any provision of this Agreement. In addition, the license terminates automatically if any User, whether a Single-user Licensee or a User under a corporate license, shares access to the Program with any non-licensed person or, in the case of Corporate Licensees, if the number of users exceeds the number of Seats purchased. The list of reasons for termination is an illustrative list and is NOT AN EXCLUSIVE LIST. In case of termination, you must cease use of and you may not access the Program. Use of the Program after termination of the license is copyright infringement, and will subject the user to copyright infringement liability as well as actions for breach of contract. 5. No WarrantiesThe Program is supplied "AS IS" AND WITH ALL FAULTS. Modet, Inc. makes, and you receive, no warranty of any kind, whether express, implied, statutory, or in any communication with you. To the maximum extent permitted by law, Modet, Inc. disclaims any and all other warranties and conditions, express or implied, including, but not limited to, implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of lack of viruses, and lack of negligence, all with regard to the Program, and the provision or failure to provide support or other services, information, software, and related content through the Program or otherwise arising out of the use of the Program. There are no indemnities in cases of third party claims of infringement. Your sole remedy in the event of a third party claim of infringement, at licensor's option, is to request licensor to either (a) obtain a license to allow your continued use of the Program; (b) obtain or create an alternative Program that works around the infringement; or (c) terminate the agreement. No such fixes are guaranteed to restore or allow identical operation or function of the Program. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARD TO THE PROGRAM. 6. Limitation of Liability<br />LICENSEE EXPRESSLY ASSUMES ALL RISK FROM USE OF THE PROGRAM AND OF THE MODET, INC. WEBSITE. The limitation of liability shall be to the maximum extent allowable by applicable law. In no event shall Modet, Inc. be liable for any damages, whether arising in contract, tort or otherwise and including, without limit, any special, incidental, punitive, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for damage to computers or computer networks, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Program, the provision of or failure to provide support or other services, information, software, and related content through the Program or otherwise arising out of the use of the Program, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Modet, Inc. even if Modet, Inc. has been advised of the possibility of such damages. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, MODET, INC.'S MAXIMUM LIABILITY WILL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU. THE REMEDIES AVAILABLE TO YOU AGAINST MODET, INC. ARE EXCLUSIVE. 7. Governing law or jurisdiction This EULA is governed by the laws of the State of Illinois and you consent to the jurisdiction of the courts of Illinois to resolve any dispute that may arise under this contract. 8. Licensee Estoppel and No-Contest Licensee is expressly prohibited from challenging the validity of the licensed work or licensor's ownership of the Program. Licensee also expressly covenants not to challenge licensor's title to the copyright in the Program. 9. Confidentiality Although the Program is protected by copyright, it may be unpublished and may contain proprietary and confidential information of Modet, Inc. You will maintain and use a reasonable degree of care to protect the confidentiality of the Program. 10. Assignment You may not assign the rights to use the Program without prior written consent of Modet, Inc. All copyrightable material created by licensee or user as a result of or during the course of using the Program shall automatically be assigned to licensor. YOU HEREBY AFFIRM THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND CONTRACTUALLY BIND THE LICENSEE. YOU ACCEPT EACH PROVISION OF THIS AGREEMENT AND UNDERSTAND THAT YOU ARE ENTERING INTO A LEGALLY-BINDING AGREEMENT. Returns / Refunds Since e-learning programs are delivered instantly over a secure Internet server, all sales are final. We encourage you to view one of our demos and review our system requirements to assure that the course will meet your needs. No returns or refunds will be given. If you have any additional questions regarding our return policy, please contact customer service.
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