Pultorak End User License Agreement

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and PULTORAK & ASSOCIATES, LTD. relating to P&A courseware, which may include printed or electronic documentation. BY USING THIS COURSEWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THIS COURSEWARE.

1. Title. PULTORAK & ASSOCIATES, LTD. ("P&A") is the exclusive owner of the P&A courseware and related documentation. P&A is licensing its courseware and documentation to you on a nonexclusive basis as set forth in this Agreement. This license is not a sale. Title to the P&A courseware, or any copy, modification or merged portion of the P&A courseware, as well as all related documentation, remains with P&A at all times. The courseware and related documentation is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
    
2. Use. P&A grants to you a nonexclusive, nontransferable license to use the courseware and related documentation in conjunction with related P&A classes and for personal study.
   Modification. Modification of any kind of the courseware and related documentation is prohibited.
    
3. Reproduction. Reproduction of the courseware and related documentation in any form is prohibited.
    
4. Redistribution and Resale. Redistribution or resale of the courseware and related documentation is prohibited.
   L
5. Limitation of Reverse Engineering. You may not reverse engineer, decompile, or disassemble the courseware and related documentation, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    
6. Term and Termination. This license is effective for ten (10) years from time of receipt of the courseware. This license will terminate immediately without notice if you fail to comply with any provision of this license. Once the term ends, this Agreement will automatically terminate as to the licensed courseware item and you may no longer use the courseware and related documentation.
    
7. Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE P&A COURSEWARE IS AT YOUR SOLE RISK. THE COURSEWARE AND RELATED DOCUMENTATION, IF ANY, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. P&A EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. P&A DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE COURSEWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE COURSEWARE WILL BE ERROR-FREE, OR THAT DEFECTS IN THE COURSEWARE WILL BE CORRECTED. FURTHERMORE, P&A DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COURSEWARE IN TERMS OF CORRECTNESS, ACCURACY OR RELIABILITY, OR OTHERWISE. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY P&A OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
    
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL P&A, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE COURSEWARE, EVEN IF P&A OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. In no event shall P&A's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the greater of the amount actually paid by you for the courseware or U.S. $10.
    
9. Government End Users. If you are acquiring the courseware on behalf of any unit or agency of the United States Government, the following provisions apply. The enclosed courseware and related documentation are provided with "restricted rights". Use, duplication, or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer courseware clause at 48 C.F.R. 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer courseware-Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable.
    
10. Controlling Law and Severability. This license shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania, as applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents. If for any reason a court of competent jurisdiction finds any provision of this license, or portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this license shall continue in full force and effect.
     
11. Entire Agreement. This license constitutes the entire agreement between the parties with respect to the use of the courseware and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any additional or different terms or conditions proposed by you or contained in any purchase order are hereby rejected and shall be of no force and effect unless expressly agreed to in writing by P&A. No amendment to or modification of this license will be binding unless in writing and signed by a duly authorized representative of P&A.
     
12. Legal Notices
    
    ©2001-2007 PULTORAK & ASSOCIATES, LTD. All Rights Reserved.
    ITIL® is a Registered Trademark of OGC
    
    PULTORAK & ASSOCIATES, LTD. may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. Except as expressly provided in any written license agreement from P&A, the furnishing of this document does not give you any license to these patents, trademarks, copyrights, or other intellectual property.
     

For more information, including pricing, availability, and customized solutions for your organization, contact us at (206) 729-1107 or info@pultorak.com.