Software License Agreement

ImportantRead Carefully Before Proceeding! You may only use the software contained in this on-line system ("Software") according to the terms of this License Agreement ("License"). Proceeding to use the Software will acknowledge your acceptance of the terms of this License. If you do not agree to the terms of this License, then do not use this Software and return to the previous page. Your license to use the Software is non-exclusive, non-transferable, and limited to the terms set forth below. Once registered and activated, you can use the Software for the purpose of providing or receiving computer training for Information Technology certifications exams according to the amount of usage purchased. If the Software was purchased for 180 days usage, the Software can be used for a period of one hundred and eighty (180) days. If the Software was purchased for 30 days usage, the Software can be used for a period of thirty (30) days. Passwords or keys issued to you to use the Software are for your personal use only and shall not be transferred. Except during the initial installation, you may not make any copies of the Software or its contents. The Software is protected under copyright, trade secret and other intellectual property laws. You may not sublicense, reproduce, distribute, transfer, disclose, modify, disassemble, or reverse engineer the Software unless expressly permitted by law. You cannot use or export the Software anywhere outside of the country in which you initially licensed the Software. MeasureUp, Inc. ("MeasureUp") owns all right, title and interest in the Software and its contents and reserves all rights not expressly granted herein. THE SOFTWARE IS LICENSED TO YOU ON AN "AS IS" BASIS AND MEASUREUP DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL MEASUREUP BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A MEASUREUP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. MEASUREUP'S TOTAL LIABILITY FOR ANY DAMAGES WHATSOEVER SHALL NOT EXCEED THE ACTUAL FEES RECEIVED BY MEASUREUP FOR THIS LICENSE. Some countries or states do not allow the limitation or exclusion of liability for incidental or consequential damages, so this paragraph may not apply to you. This License shall automatically terminate when the usage period purchased has ended or upon your failure to comply with its terms. This License shall be construed and governed in accordance with the laws of the State of Georgia of the United States of America. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement. You cannot assign this License. If any provision of this License is for any reason held unenforceable or invalid then this License shall be construed as if such provision were not contained herein. Should you have any questions concerning this License, please contact MeasureUp, Inc. at 1-678-356-5000.