LICENSE AGREEMENT
License Agreement
READ THIS AGREEMENT CAREFULY BEFORE OPENING THE SOFTWARE PACKAGE IF PURCHASE ON CD. WHEN YOU OPEN THE SOFTWARE PACKAGE OR BY DOWNLOADING THE SOFTWARE, YOU ARE AGREEING AND CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
The Software is neither for sale, nor being sold to you or transferred. You are only gaining a license to use the Software and only upon the terms and conditions set forth in this License Agreement.
NOTE: You may be already a party to this Agreement if you purchased or placed an online order for Powers Resources Corp. (“PRC”) CIA PrepReview® Material.
Powers Resources Corp. (“PRC”) is and will remain the owner of all title, ownership rights, intellectual property, and all other rights and interests in and to the accompanying Software and/or Printed Materials. The Software and Printed Materials are protected by the copyright laws of Canada and international copyright laws and treaties.
Upon your acceptance of this Agreement, PRC hereby grants to you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to use this Software (as explained hereafter) and any Software and Printed Materials to which you are granted access as a result of your license to use the in connection with your studies.
Agreement Terms:
You are allowed to:
- Use the Software for the preparation for one or more parts of the CIA exam (the ”Exam”) and/or for your studies relating to the subject matter covered by the Exam;
- Use the Software on one computer, two or more as long as neither any of the computers are used simultaneously;
- Make copies of the Software for archival purposes only, provided that any copy must contain all of the original Software’s copyright and other proprietary notices.
You are NOT allowed to:
- Use the Software for any purpose other than as expressly permitted above;
- Use the software on more than one computer, computer terminal or workstation at the same time or in network or remote access arrangement.
- Make copies of the Software except as specifically allowed above;
- Transfer, sublicense, lease, rent, or otherwise offer (as gift, sale, or others) all or any part of the Software to anyone; this Software is strictly to be used by yourself only.
- Disassemble, decompile, recreate or reverse engineer derivate copies of the Software;
Software includes any and all electronically, digitally stored or accessed materials included in this package and/or otherwise provided to you and/or to which you are otherwise granted access by PRC (directly or indirectly) in connection with your license. Software may include, but is not limited to, one or more of the CIA Exam Review.
This license shall terminate the earlier of: (i) ten (10) business days after notice to you of non-payment of or default on any payment due PRC which have not been cured within such 10 day period; or (ii) immediately if you fail to comply with any of the limitations described above; or (iii) with respect to Software, upon expiration of the validity period of twelve (12) months after the date of activation. Upon Software license expiration, you must destroy such Software, including, but not limited to, any archival copies you may have made.
PRC warrants that the media containing the Software, if provided by PRC, is free from defects in materials and workmanship. PRC’s only liability for any breach of this warranty shall be, PRC’s discretion, to restore or substitute your defective media without charge or to refund the license fee you paid for the Software. Defective media may be returned for substitute or refund during the 60 day warranty period unless the media has been impaired by your actions or while under your control. Due to the complex nature of computer software, PRC does not state that the Software is completely error-free, will operate without disruption, or is compatible with all tools and software configurations. You definitely assume all risk for use of the Software.
PRC MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SOFTWARE. PRC MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. KINDLY NOTE THAT NEITHER PRC EMPLOYEE NOR AGENT IS AUTHORIZED TO MAKE MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY.
UNDER NO CIRCUMSTANCES ( BE THAT LEGAL, THEORY, TORT, CONTRACT, OR OTHERWISE) SHALL PRC OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE ACCOUNTANBLE TOWARDS YOU OR ANY OTHER PERSON FOR ANY CONSEQUANTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO GOODWILL LOSS, WORK STOPPAGE, COMPUTER FALIURE OR MALFUNCTION OF ANY AND ALL OTHER DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF PRC’S LISTED PRICE OF SOFTWARE LICENSE AND/OR PRINTED MATERIALS.
You agree to indemnify and hold PRC and its employees, representatives, agents, attorneys, affiliates, directors, officers, members and managers safe from and against any and all claims, demands, losses, damages, penalties, costs or expenses (including reasonable attorneys’ and expert witness’ fees and costs) of any kind or nature, arising from or due to any violation, breach or non-fulfillment by you of any provision of this license. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any indemnified action without the consent of PRC. If you breach any material term of this license, PRC shall be entitled to equitable relief by way of temporary and permanent injunction and such other and further relief as any court with jurisdiction may deem just and proper.
This license agreement shall be governed and construed according to the laws of Ontario, Canada. Any legal action regarding this Agreement shall be brought only in Ontario, Canada.
As further consideration for this license granted to you and under this Agreement, you agree to have your name utilized by PRC for marketing purposes by enlisting in the register of PRC successful candidates after you pass all CIA Exams successfully.