This End User License Agreement (“Agreement”) is between you as the end user (“You”, “Your” or “Licensee”) and Business Training Experts. (“BTE” or “Licensor”).
It is important that you carefully read and understand this agreement. Taking any step to set up, view, or install the content (as defined in this statement) constitutes your acceptance of the terms and conditions of this agreement. Your written or electronic approval is not a prerequisite to the validity or enforceability of this agreement. If you do not agree with all terms of this agreement, immediately return the content and documentation (as defined in this agreement).
1. The contents of this DVD (Digital Video Disc) are protected by copyrights. The illegal copying of this content or any of the contents (“Licensor’s Property”) is prohibited by law. Licensee(s) who make unauthorized copies of Licensor’s property/content may be subject to civil and criminal penalties. The use of this DVD and its editorial content or related materials is strictly governed by this Agreement.
The following activities are strictly prohibited and shall constitute willful copyright infringement and violation of these Terms of Use:
- Broadcasting or Projecting the training course in any manner including, but not limited to webinars, web conferencing, satellite, cable, closed circuit television, video conferencing system, video servers, etc..
- Permitting access, distribution or circulation of the training course to individuals other than through employee(s) of Licensee at permitted location(s) through any other method(s), medium(s)/ platform(s) other than a DVD player.
- Recording, saving, or duplicating the training course and/or training course materials in any manner including but not limited to making back-up copies.
- Reverse engineering, modifying or examining the computer and content files of the training course, or any segment of the computer and content code.
- Reselling the training course except by assigned BTE distributors.
2. BTE grants Licensee a limited, non-exclusive, nontransferable, royalty-free license to use one copy of the Content provided in this packaged DVD for personal or commercial lawful use only by a DVD player. Training with this content in accordance with the terms of this Agreement by Licensee or its employee(s) is unrestricted as to the number of guest(s) they may train at licensed location(s).
However, BTE does not transfer title to the Content to the Licensee; this license shall not be considered a “sale” of the Content. Licensee agrees that the Content belongs to BTE, including all intellectual and proprietary rights, unless otherwise specified. BTE retains all rights, title and interest in and to the Content at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.
3. Licensee may not rent, lease, sell, sublicense, assign, or otherwise transfer the Content or allow others to rent, lease, sell, sublicense, assign, or otherwise transfer the Content. Licensee will not make copies of the Content or allow copies of the Content to be made by others. COPYING THE CONTENT AND/OR ANY COMPONENT THEREOF TO ANY OTHER LOCATION FOR USE, FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. No right, title or interest in or to any trademark, service mark, logo or trade name of BTE is granted under this Agreement. Licensee may not modify, translate, reverse engineer, decompile or disassemble the Content, except to the extent that this restriction is expressly prohibited by applicable law. Licensee may not remove any copyright or other proprietary notices or labels in the Content or content. Licensee may use the related printed materials of this content only by printing from BTE’s web portal (LMS). Licensee shall not make copies of any related printed materials for use outside of approved license and location(s).
4. BTE’s content is subject to a limited warranty. Licensor warrants to Licensee that the physical medium (DVD) on which this content is distributed is free from defects in materials and workmanship under normal use, the content will perform according to its printed documentation, and to the best of Licensor’s knowledge Licensee’s use of this Content according to the printed documentation is not an infringement of any third party’s intellectual property rights. THIS LIMITED WARRANTY LASTS FOR A PERIOD OF 90 DAYS AFTER DELIVERY. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 180 days after delivery of the Content to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee’s jurisdiction, may have additional rights.
5. In case of a breach of the Limited Warranty or Return of DVD, Licensee’s exclusive remedy is as follows: contacting Licensor at 1-(800)-541-7872, Licensee can obtain a step-by-step explanation of BTE’s return procedure, including a return authorization code. Licensee will then return all copies of the Content to Licensor, at Licensee’s cost, along with proof of license. At Licensor’s sole discretion upon receiving the returned DVD, Licensor will either send Licensee a replacement copy of the Content, at Licensor’s expense, or issue a full refund.otwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS CONTENT. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply. Additionally, any damages will be limited to the amount of Licensee pays BTE for this licensed content.
6. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS CONTENT. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply. Additionally, any damages will be limited to the amount of Licensee pays BTE for this licensed content.
7. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.Licensor has the right to terminate this License Agreement and Licensee’s right to use this Content upon any material breach by Licensee and take any and all legal action, including but not limited to injunction to protect its rights and seek damages, costs and attorney’s fees.
8. Licensor has the right to terminate this License Agreement and Licensee’s right to use this Content upon any material breach by Licensee and take any and all legal action, including but not limited to injunction to protect its rights and seek damages, costs and attorney’s fees.
9. Licensee agrees to return to Licensor or to destroy all copies of the Content upon termination of the License at Licensee’s discretion.
10. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Content. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Content.
11. This License Agreement is governed by the law of Minnesota and all applicable international, state and federal laws pertaining to contracts, license and copyright protections. Any litigations or legal disputes deriving from this Agreement and related matters of the parties shall have their venue in state or federal court located in Hennepin County, MN, USA.
12. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Content.
13. Licensee agrees that any waiver of strict enforcement of the terms of this Agreement by BTE or Assigned Distributor shall not waive any rights to enforce the terms of this Agreement. Licensee acknowledges that Licensee has not relied on any oral representations of BTE or its employees or Assigned Distributor or its employees in entering into this Agreement.
14. Additional Terms. Some Services or Content are also subject to the additional terms below not enumerated here. Any content that we provide to you (such as content, samples, etc.) are licensed, not sold, to you, and may be subject to Additional Terms. New Additional Terms may be added from time to time.
BY VIEWING THE CONTENT CONTAINED ON THIS DVD, YOU ARE CONSENTING TO BE BOUND BY THIS END USER LICENSE AGREEMENT.
Revised September 2015