wareSource

License Agreement for Downloaded Files

 

We hope that you find our course materials to be useful and satisfactory.  We would like to continue to provide top-quality training materials at a reasonable price, but to do so, we must, of course, be compensated for our efforts.

As such, when you read or download any of the wareSource.com files we ask you to agree to these license terms:


  • Our courses are licensed separately on a per-user basis, meaning that each person reading the course manual or using any example files—either on paper or on screen in any manner—must pay the license fee to use the material.  Please pay for all course licenses at http://www.waresource.com/.
  • A course license never expires, meaning you only pay once to use the course files.
  • You cannot transfer or sell a course license to another person or organization.
  • You cannot upload the course files to any file or web server from which non-licensed people can use or download the course files.
  • If you are responsible for purchasing licenses on the behalf of other people, you are responsible for tracking the number of users for each course and reporting those numbers to wareSource on a regular basis.
  • You may not modify the materials in any way.
  • You cannot save the files in any other file format.
  • You cannot circumvent read-only document protection, if applied.
  • You cannot use the course content or example files in any way to create derivative products.
  • You cannot share in any manner the URLs to our Google Drive downloads.


Guarantees/Warrantees

 

While every reasonable precaution has been taken in the preparation of the materials, the author assumes no responsibility for errors or omissions, nor for the uses made of the material contained herein and the decisions based on such use. No warrantees are made, express or implied, with regard to either the contents of this work, its merchantability, or fitness for a particular purpose. You hereby expressly acknowledge and agree that your use of the courseware is at your sole risk. The author shall not be liable for direct, indirect, special, incidental, or consequential damages arising out of the use or inability to use the contents of this courseware.

In no event shall the author be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other loss) arising out the use of or inability to use this material, even if the author has been advised of the possibility of such damages.

wareSource warrants that for a period of thirty (30) days from the date of deployment of the courseware and software (i) the media on which the materials is furnished will be free of defects in materials and workmanship under normal use; and (ii) the material substantially conforms to its published specifications and warrants that the material does not violate or infringe any copyright of a third party. Except as expressly granted in this Agreement, the material is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's sole and exclusive remedy and the entire liability of wareSource and its suppliers under this limited warranty will be, at wareSource or its service center's option, repair, replacement, or refund. In no event does wareSource warrant that the courseware or software is error free or that Customer will be able to use the courseware or software without problems or interruptions. Being based on the Notes/Domino platform, wareSource assumes no responsibility for errors or limitations of this platform.

This warranty does not apply if the courseware (a) has been altered, except by wareSource, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by wareSource, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra-hazardous activities.

Ownership. wareSource retains the copyright to all original course content as well to its existence in any derivative works. You must include the information from our copyright page in any printed or electronic materials you create or publish. You can add your copyright to the page.

Non-Exclusive. This licenses is issued on an exclusive basis; wareSource retains the right to license the courses to any number of legal corporate entities.

Example code and databases. Certain courses include code examples and/or sample databases. This license permits you to use any of the software coding examples or other software code provided in the course for purposes of developing software for your own use or software developed for others. With the exception of said software coding examples and exercises, which may be used in developing software for the licensee's own use or for use by others, the licensee may not reproduce or distribute (whether by leasing, lending, or other means) the instructional text, diagrams, or any other parts of the course, prepare derivative works therefrom, decompile, reverse engineer, disassemble, modify or transmit the courseware. All rights other than those specifically granted by the license expressly reserved.

Resale or Transferability. This license and the rights granted hereunder are not transferable by sale, sublicense, assignment or by any other means without the prior express written consent of wareSource. Any such unauthorized transfer shall be void the license.

Indemnification. The licensee agrees to defend, indemnify and hold harmless wareSource, its affiliates, directors, officers, employees, and agents, for all damages, claims, expenses or losses of any kind that may arise from the licensee's use or misuse of the courseware or any other aspects of the course.
Governing Law; Venue; Personal Jurisdiction. This license and the rights and obligations of the parties to it shall be governed by and construed and enforced in accordance with the applicable provisions of the United States Code, including, but not limited to, Title 17, as well as the laws of the State of Massachusetts without application of conflicts of law principles. Any proceeding arising between the parties in any manner pertaining to this license shall, to the extent permitted by law, be held in Worcester, MA and the licensee hereby submits to personal jurisdiction in said county.

Entire Agreement. The licensee acknowledges having read and understood this license, and agrees to be bound by its terms. The licensee agrees that this license constitutes the complete and entire agreement between the parties hereto, and supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to the subject matter of this license. wareSource has the right to modify or change the terms and conditions, rates and services at any time effective immediately upon written or electronic notice to the licensee. Any use of the courseware or course example databases by the licensee after such notice has been provided shall constitute acceptance of such modifications by the licensee.


Severability. If any one or more of the provisions contained in this license or any application thereof shall be deemed invalid, illegal, or unenforceable, in any respect, the offending portions of such provisions, construed as narrowly as possible, shall be deemed stricken herefrom and the validity, legality and enforceability of the remaining provisions contained herein and any other applications thereof shall not in any way be affected or impaired thereby.