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End User License Agreement ProductView Web Based Training This End User License Agreement ("EULA") governs your access to ProductView Web Based Training ("The Training") and is the entire agreement between you (either an individual or a single entity) and Training FACTORe, Inc. ("Training FACTORe") relating to The Training. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY AND ACKNOWLEDGE YOUR UNDERSTANDING AND ACCEPTANCE OF THEM BY CLICKING THE "I accept the terms in this License Agreement" BUTTON BELOW. BY CLICKING THIS BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS EULA, YOU WILL NOT BE PROVIDED ACCESS TO The Training. 1. REGISTRATION: By completing The Training registration process, you become an authorized user. You agree to provide Training FACTORe with accurate and complete information necessary to process your registration and to promptly notify Training FACTORe of any changes in such information. Failure to do so will constitute a material breach of this EULA. 2. LICENSE: You may use The Training solely for your individual use and personal learning purposes. You are subject to the following restrictions: - You may not share your User Name and Password with other colleagues or third parties. - You are responsible for all access to and use of The Training by means of your User Name and Password, even if you did not know of or authorize such access and use. - You may not assign, rent, lease, sublicense or otherwise transfer this EULA or any part of it to a third party without prior written consent from Training FACTORe. - You may not create derivative works from The Training. - You may not modify or translate The Training without prior written consent from Training FACTORe. - You may not reverse engineer, disassemble, copy or otherwise attempt to duplicate The Training. - You may not disclose, demonstrate or otherwise make available The Training to any third parties without prior written consent from Training FACTORe. - You will implement reasonable security measures to protect the copyrighted material in The Training. - You may not perform malicious acts against our web site. Violation of these restrictions will constitute a material breach of this EULA. 3. TITLE: Except for the license granted in this EULA, all right, title and interest in The Training (including all copyrights therein) are and shall continue to be the exclusive property of Training FACTORe. These include but are not limited to images, pictures, animations, video, audio, text, scripts, programs, models, drawings and other electronic files. This EULA grants you no right to use such content, whether accessed from our computer or directly from your computer's memory or storage devices. 4. MODIFICATIONS: Training FACTORe may, at any time, enhance, alter or delete items from The Training, without prior notice to you. 5. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY: The Training IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Training FACTORe MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU (i) THAT YOUR ACCESS TO The Training WILL BE UNINTERRUPTED OR FREE OF ERROR, OR (ii) AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF The Training. YOUR EXCLUSIVE REMEDY AND Training FACTORe's ENTIRE LIABILITY HEREUNDER, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF CHARGES PAID BY YOU TO Training FACTORe UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT IN NO EVENT WILL Training FACTORe BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS HEREUNDER OF THE USE OF, OR INABILITY TO USE The Training, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. TERMINATION: Training FACTORe may terminate this EULA and your access to The Training at its sole discretion without notice if you breach this EULA. Sections 3 Title and 5 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY shall survive any termination of this Agreement. 7. GENERAL PROVISIONS: The laws of the State of Minnesota govern this EULA. If any provision of this EULA is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of the EULA will not be affected. Failure to enforce any provision of this EULA will not constitute a waiver of the right to later enforce it.
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