LICENSE AGREEMENT AND LIMITED WARRANTY
(1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18;
(2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF OR YOUR COMPANY, AS APPLICABLE; AND
(3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS, SELECT THE “DO NOT ACCEPT” BUTTON AT THE END OF THIS AGREEMENT AND DO NOT USE THE PRODUCT. IF YOU ELECT NOT TO ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY REQUEST A FULL REFUND FOR THE PRODUCT WITHIN THIRTY (30) DAYS OF PURCHASE BY CONTACTING CTG EDUCATION THROUGH THE WEBSITE ADMINISTRATOR FROM WHERE YOU PURCHASED IT.
(b) You agree not to copy, modify, reverse engineer, decompile or disassemble the Product or any part thereof to the extent that such restriction is not prohibited by law. Except for the limited license granted herein, CTG EDUCATION and its suppliers hereby retain all right, title and interest in and to all worldwide intellectual property rights embodied in the Software. All other rights are reserved by CTG EDUCATION. You acknowledge and agree that the technology embedded in and used to create the Product constitute the valuable trade secrets and know-how of CTG EDUCATION, and to the extent you discover any such trade secrets, You will not disclose them to any third party.
(c) CTG EDUCATION shall have no obligation to provide any updates or upgrades to the Product, but in the event that it does, such updates, upgrades and any documentation shall be deemed the “Product”, and shall be subject to the terms and conditions of this Agreement.
(b) This Agreement will automatically terminate if You violate any of its terms.
(c) Sections 1(b), 3, 4, 6(c), 7 and 9 shall survive termination or expiration for any reason.
(b) Limitations. The foregoing warranty does not extend to problems in the Product that result from:
(i) Your failure to implement all bug fixes or error corrections to the Product which are made available by CTG EDUCATION;
(ii) any use of the Product in a manner for which it was not designed or as not authorized under this Agreement; or
(iii) any use of the Product with other products, hardware or products not supplied by, and inconsistent with the documentation provided by, CTG EDUCATION.
(c) Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, CTG EDUCATION MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCT. CTG EDUCATION AND ITS LICENSORS HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. EXCEPT AS EXPRESSLY STATED IN SECTION 6(a), THE PRODUCT IS SUPPLIED ON AN “AS IS” BASIS WITHOUT WARRANTY. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION AND USE OF THE PRODUCT. Some jurisdictions do not allow a limitation on implied warranties, and so the foregoing disclaimer may not apply to You. In any event, any implied warranties that may exist under the laws of Your jurisdiction are limited to the one (1) year period set forth in the limited warranty given under subsection (a) above.
(b) IN NO EVENT SHALL CTG EDUCATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
(c) The limitations in Section 7 will apply even if CTG EDUCATION, its licensors or dealers have been advised of the possibility of such damage or of any type of use intended by You. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy. You acknowledge that these limitations reflect a reasonable allocation of risk.
(b) Limit on Indemnity. The foregoing notwithstanding, CTG EDUCATION shall have no liability for a Claim to the extent based on: (i) the use by You of the Product more than thirty (30) days after CTG EDUCATION notifies You in writing that continued use of the Product may give rise to such Action; (ii) the combination of the Product, or any part thereof, with other hardware or products not provided by CTG EDUCATION, which Claim would have been avoided if the Products had not been so combined; or (iii) use of the Products other than as authorized under this Agreement.
(c) Entire Liability. THE FOREGOING PROVISIONS OF THIS SECTION 8 STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF CTG EDUCATION, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT BY THE PRODUCT.
For inquiries or questions regarding this Agreement, please send an e-mail to [email@example.com]