Product Terms and Conditions

Learning Templates – End User License Agreement Version 1.

End User Product License Agreement

This License Agreement details your rights and entitlement to use the Product purchased on Learning-Templates.com, please read it carefully and treat it as valuable Property.

This Agreement is between you (either an individual or an entity) and Learning-Templates.com, (hereinafter called ‘the Vendor’).
The Vendor is willing to grant you the following rights to use the Product and its accompanying documentation (collectively, the ‘Product’) only if you agree to be bound by all of the terms and conditions of this Agreement, relevant to the version in use as distinguished by the term ‘End User.’ If you are not willing to agree to any of the terms of this Agreement, the Vendor is unwilling to grant you a license and you should not continue to use the product or distributed Product files if it was supplied by electronic distribution.

Instead you must promptly return the product and documentation or in the case of electronic distribution delete it completely from any storage media you may have saved it to.

This Product is provided for your use as a licensed and chargeable product if you intend to use and access the Product functionality, identified in the products packaged file(s). You may use any Free version without charge and for non-commercial use provided you are the End User and do not intend to distribute or incorporate it with or into any other product or Product package intended for resale or distribution for any purpose whatsoever other than as provided for in this license. Should you wish to distribute the Product for any purpose, whether for commercial gain or not – please email the Vendor at dhall@videotron.ca and provided you receive no direct commercial or financial gain directly from doing so from such distribution – such permission will usually be granted ‘free’ – promptly.

1.Ownership: The Product is and shall remain a propriety product of the Vendor. The Vendor and its suppliers shall retain ownership of all Copyrights, Patents, Trademarks, Trade Names, Trade Secrets and other proprietary rights relating to or residing in the Product. Except for the license grant provided in Section 2, you shall have no right, title or interest in or to the Product. The Product is licensed, not sold, to you for you to use only under the terms of this Agreement. If you agree to be bound by all of the terms of this Agreement you will only own the media (if any) on which the Product may have been provided, not the Product itself.

2.Grant of License: the Vendor grants you a personal, non-exclusive, non-transferable, restricted right to use the Product, for your own Personal, Commercial, or Business uses in only one website instance provided you or your Business are end user’s, not Product developer’s or distributors to end users – subject to the terms of this license Agreement. This license does not allow accessing of the API of the Product – even if you have a developer’s kit – this is an END USER version ONLY of the Product – not a developer Product tool, should you wish to utilise a version of this product linking to or from within another Product application (directly or indirectly) – you must purchase and license a Product development kit intended specifically for this purpose, available from learning-templates.com upon direct email request. You understand that the Vendor may update the Product at any time and in doing so incurs no obligation pursuant to this Agreement to furnish such updates to you.

We welcome all Magazine, Printed Publications in facilitating the distribution of this Product through Learning-Templates.com, freely – provided no re-engineering occurs of the product or components and no added charge is made for the distribution – other than any usual publishers subscription or News stand fees etc, charged for their publication.

3.Restrictions: I) THE VENDOR RESERVES ALL RIGHTS IN THE PRODUCT NOT EXPRESSLY GRANTED TO YOU. II) EXCEPT AS PERMITTED IN SECTION 2, YOU MAY NOT USE, COPY, MODIFY, CREATE DERIVATIVE WORKS OF, SELL, DISTRIBUTE, ASSIGN, PLEDGE, SUB LICENSE, LEASE, LOAN, RENT, TIMESHARE, DELIVER, ELECTRONICALLY TRANSMIT OR OTHERWISE TRANSFER THE PRODUCT, NOR PERMIT ANY THIRD PARTY TO DO ANY OF THE FOREGOING. III) YOU MAY NOT REMOVE FROM THE PRODUCT, OR ALTER ANY OF THE TRADEMARKS, TRADE NAMES, LOGO’S, PATENT OR COPYRIGHT NOTICES OR MARKINGS, OR ADD ANY OF THE FOREGOING TO THE PRODUCT. IV) YOU MAY NOT DERIVE OR ATTEMPT TO DERIVE ANY OF THE SOURCE CODE BY ANY MEANS, NOR PERMIT A THIRD PARTY TO DO SO. V) YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR TRANSLATE THIS PRODUCT OR ANY PART THEREOF. VI) NO LICENSES ARE GRANTED UNDER THIS LICENSE AGREEMENT UNDER ANY PATENTS OF IMAGES. IF YOU BELIEVE YOU NEED ANY SUCH LICENSES YOU MUST CONTACT ANY THIRD PARTIES YOURSELF DIRECTLY TO OBTAIN THEM.

4.Limited Warranty: the Vendor does not warrant that the functions contained in the Product will meet your requirement or that the operation of the Product will be uninterrupted or error free (it is finished ‘As Is’ and without warranty as to performance or results). the Vendor warrants that the media that the Product is supplied on will be free from defect for a period of thirty (30) days from the receipt of the Product or in the case of Electronic Supply that the ‘wrapper’ the Product is contained in, shall be complete and without defect on our end of the connection. We cannot warranty however that it will be received in the same condition as the means of supply is beyond our absolute control. This Limited Warranty shall be void if failure of the Product to conform with the Warranty has resulted from improper installation, misuse, testing, neglect, accident, fire or other hazard or any breach of this Agreement. This warranty is limited to you and is not transferable. No Vendor Supplier, agent or employee is authorized to make any changes, modifications, alterations, extensions or additions to this limited Warranty. This Product is not warranted against infringement of any third part patents. the Vendor has done no investigation as to infringement, and you agree that you will assume the risk of any such infringement from your use of Product.

5.No Other Warranties: OTHER THAN THE FOREGOING LIMITED WARRANTY, WHICH IS MADE SOLELY BY THE VENDOR AND NOT BY ANY OTHER VENDOR SUPPLIER OR BY LEARNING-TEMPLATES.COM, THIS PRODUCT IS BEING LICENSED TO YOU AS IS WITHOUT WARRANTY OF ANY KIND. THE VENDOR, ITS SUPPLIERS AND LEARNING-TEMPLATES.COM DISCLAIM AND REJECT ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY IMPLIED WARRANTIES IS SIXTY (60) DAYS FROM THE DATE THE PRODUCT IS RECEIVED BY YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

6.Limitation Of Liability: THE VENDOR’s AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE PRODUCT, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, OR OTHERWISE), SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO THE VENDOR UNDER THIS AGREEMENT. NO VENDOR SUPPLIER’s SHALL HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT. THE VENDOR AND ANY OF THE VENDOR’S SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS), EVEN IF THE VENDOR OR SUCH SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE VENDOR SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE PRODUCT. THE LIMITED WARRANTY, LIMITED REMEDIES AND LIMITED LIABILITY PROVISIONS CONTAINED IN THIS AGREEMENT ARE FUNDAMENTAL PARTS OF THE BASIS OF THE VENDOR’S BARGAIN HEREUNDER, AND THE VENDOR WOULD NOT BE ABLE TO PROVIDE THE PRODUCT TO YOU ABSENT OF SUCH LIMITATIONS

The only exception committed to by the Vendor in relation to the above indemnification, is that in using any product created by the Vendor to Create, View, Modify or Print resulting products, the Vendor indemnify the Licensee from any liability in regards to use of the product. Digital Products are based on open standards – originally designed by various internet development organizations, who formally relinquished control to the International Standards Organization (ISO), which is now responsible for maintaining the specifications for the current version (1.7) and for updating and developing all future versions. Further, the Vendor will at all times endeavour to ensure its products meet the specifications set by the ISO committee and thus ensure compatibility with products from the targeted manufacture.

8:Free & Trial Versions: Where the Product is provided free on a permanent, semi permanent, limited use or trial basis all the terms relating to licensing shall be identical, such that you accept there has been no financial gain on the Vendor’s part and as such you use the Product without warranty or guarantees of any kind. The risk is entirely yours and you acknowledge this. You agree to indemnify the Vendor and Learning-Templates.com against all claims by you or any third party for any reason whatsoever. You accept that we have provided the Product for your sole benefit and have received no financial reward and as such cannot be held responsible in any way and for any reason.

9.Termination: You may terminate this Agreement at any time as outlined in the product description. This Agreement shall terminate automatically upon breach of any term of this Agreement. Upon termination you shall destroy the Product and any backup copy you made pursuant to this Agreement.

10.Government End Users: This paragraph applies only if you are a branch or agency of the U.S. government. The Product is comprised of the ‘Commercial Computer Product’ and ‘Commercial Computer Product Documentation’ as such terms are used in 48 C.F.R. 12.212 (Sept 1995) and are provided to the Government I) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in C.F.R. 12.212 or II) for acquisition by or on behalf of units of the Department of Defence, consistent with the policies set forth in 48 C.F.R. 227-7202-1 (Jun 1995) and 227-7202-3(Jun 1995). 11. US Government ECCN Certificate: This Product has been tested & certified under and by the Department of Commerce ECCN process, any individual or Company interested in being provided with our ECCN certificate info should contact the Vendor for more detailed information.

12.General: This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of Canada and the U.S. If any of the provisions of this Agreement are held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. This Agreement is the final, complete and exclusive Agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written, and may not be amended except by writing executed by both parties.

Copyright: This Product and all accompanying documentation are copyrighted and the Vendor who reserves all rights. The accompanying End User License Agreement specifies the terms and conditions governing use of this product.

All Other Trademarks/Copyrights acknowledged & are the property of their respective owners.