Single Use License
PLEASE READ THIS LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE CHARLES SIMEON TRUST WEBSITE (“WEBSITE”) OR ANY AND ALL OF THE ONLINE COURSES OFFERED BY THE CHARLES SIMEON TRUST (“COURSE”). BY USING THE COURSE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE WEBSITE OR COURSE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY CANCEL YOUR COURSE ENROLLMENT WITHIN THE CANCELLATION PERIOD
(a) The software (including video content, online content and other embedded software), documentation, interfaces, content, fonts and any data associated with the Website and Course, whether on disk, in read only memory, on any other media or in any other form (collectively the “Course Software”) are licensed, not sold, to you by the Charles Simeon Trust for use only under the terms of this License. The Charles Simeon Trust retains ownership of the Website or Course Software itself and reserves all rights not expressly granted to you.
(b) The Charles Simeon Trust, at its discretion, may make available future updates to the Website or Course Software. The updates, if any, may not necessarily include all existing software features or new features that the Charles Simeon Trust releases for newer or other versions of the Website or Course. The terms of this License will govern any software upgrades provided by the Charles Simeon Trust that replaces and/or supplements the original Website or Course Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions
(a) Subject to the terms and conditions of this License, you are granted a limited nonexclusive license to use the Website or Course Software. You agree not to install, use, or run the Website or Course Software on behalf of others without express permission from the Charles Simeon Trust. This License does not allow the Course Software to exist on more than one device at a time, and you may not make the Course Software available over a network where it could be used by multiple devices or multiple computers at the same time. This License does not grant you any rights to use Charles Simeon Trust proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with the Course.
(b) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Course Software or any services provided by the Website or Course Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Course Software). Any attempt to do so is a violation of the rights of the Charles Simeon Trust and its licensors of the Website or Course Software.
3. Transfer of Course License
You may not rent, lease, lend, sell, redistribute or sub-license the Course Software. You may, however, make a one-time permanent transfer of all of your license rights to the Course Software to another party in connection with the transfer of enrollment, provided that: (a) the transfer must include your Course content, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Course Software, full or partial, including copies stored on a computer or other storage device and (c) the party receiving the Course Software reads and agrees to accept the terms and conditions of this License; and (d) the Charles Simeon Trust is notified prior to the transfer of enrollment and is afforded the opportunity to decline such an enrollment based upon period of time enrolled in the Course (see section 4 below). All components of the Course Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
4. Course Term
(a) This Agreement will commence when you have complete registration and shall continue for 12 months. Thereafter, this Agreement shall renew on the date of purchase (the “Start Date”) of the enrollment, if any, that you select to purchase to use the Course, Data or Third Party Data. This Agreement shall continue from the Start Date through the initial term specified by the Subscription Plan (the “Initial Term”). At the end of the Initial Term, this Agreement can be renewed until the day following the last day of the Initial Term (“First Renewal Date”) and can be renewed thereafter until the last day of each renewal period (“Renewal Period”) as specified by the Subscription Plan, unless either party provides to the other written or electronic notice of termination in accordance with the terms of this Agreement. The Initial Term specified by the Start Date, the Initial Term of the Subscription Plan, and each subsequent Renewal Period specified are collectively the “Term”.
(b) Either party may terminate this Agreement at any time during the first month. After the Start Date, either Party may terminate this Agreement for any reason prior to the beginning of each renewal term as indicated by the First Renewal Date and the Renewal Period of the Subscription Plan by delivering written or electronic notice of termination at least ten (10) days prior to the beginning of each renewal term. Subscription, enrollment, or tuition fees are not refundable once the Course has commenced. Notwithstanding the foregoing, either party may terminate this Agreement at any time in the event that the other party breaches any material term of this Agreement and fails to remedy such breach within ten (10) business days after receipt of a written notice of any such breach, or if such breach cannot be remedied within that period of time, fails to demonstrate to the satisfaction of the non-breaching party that it is taking steps reasonably necessary to remedy the breach.
5. Services and Third Party Materials
(a) The Website or Course Software may enable access to the online distribution of Charles Simeon Trust media and other Charles Simeon Trust and third party services and content (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require you to accept additional terms and conditions, and may be subject to additional fees.
(b) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Charles Simeon Trust shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
(c) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Charles Simeon Trust is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. The Charles Simeon Trust, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
(d) You agree that the Services contain proprietary content, information and material that is owned by the Charles Simeon Trust and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or the Charles Simeon Trust. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Charles Simeon Trust is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
(e) In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Website or Course Software are not available in all languages or in all countries. The Charles Simeon Trust makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Charles Simeon Trust and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Charles Simeon Trust be liable for the removal of or disabling of access to any such Services. The Charles Simeon Trust may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from the Charles Simeon Trust if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Website or Course Software. Sections 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination.
7. Disclaimer of Warranties
(a) If you are a customer who is a consumer (someone who uses the Course Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
(b) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE COURSE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COURSE SOFTWARE AND SERVICES PERFORMED BY THE WEBSITE OR COURSE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE CHARLES SIMEON TRUST AND ITS LICENSORS (COLLECTIVELY REFERRED TO AS THE “CHARLES SIMEON TRUST” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COURSE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(d) THE CHARLES SIMEON TRUST DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE OR COURSE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE COURSE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR COURSE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE WEBSITE OR COURSE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE WEBSITE OR COURSE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
(e) YOU FURTHER ACKNOWLEDGE THAT THE WEBSITE OR COURSE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE COURSE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR WEAPONS SYSTEMS.
(f) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE CHARLES SIMEON TRUST SHALL CREATE A WARRANTY. SHOULD THE WEBSITE OR COURSE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE CHARLES SIMEON TRUST BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR COURSE SOFTWARE AND SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE COURSE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE CHARLES SIMEON TRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Charles Simeon Trust’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Export Control
You may not use or otherwise export or re-export the Website or Course Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Course Software was obtained. In particular, but without limitation, the Website or Course Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Website or Course Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Course Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
10. Government End Users
The Website or Course Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
11. Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language
This License constitutes the entire agreement between you and the Charles Simeon Trust relating to the Website or Course Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by the Charles Simeon Trust. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
13. Third Party Acknowledgements
(a) Portions of the Course Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material are listed in “online” electronic documentation for such materials, and your use of such material is governed by their respective terms.
(b) Use of MPEG-4. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com.
(c) H.264/AVC Notice. To the extent that the Course Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE COURSE SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.
NOTICES FROM THE CHARLES SIMEON TRUST
If the Charles Simeon Trust needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.
Please contact us with any questions or concerns.