Unless otherwise stated all references to "training videos" or to "videos"
includes both individual series (Exam, Certification and OJT) and streaming
subscription access to CBT Nuggets content. All references to CBT or CBT
Nuggets shall mean CBT Nuggets LLC, a Delaware limited liability company
located at 44 Country Club Road, Ste. 150, Eugene, Oregon.
Single user licensing is defined as training purchased by an individual that
can be viewed only by said individual.
CBT Nuggets Nugget Streaming Subscription (NSS) videos are licensed on a
concurrent usage basis.
1. GRANT OF LICENSE. CBT Nuggets grants you a non-transferable, non-exclusive
license to use the training videos contained in this package or streaming
subscription access to CBT content (the "Products"), solely for internal use
by your business or for your own personal use. You may not copy, reproduce,
reverse engineer, translate, port, modify or make derivative works of the
Products without the express consent of CBT. You may not rent, disclose,
publish, sell, assign, lease, sublicense, market, or transfer the Products or
use them in any manner not expressly authorized by this Agreement without the
express consent of CBT. You shall not derive or attempt to derive the source
code, source files or structure of all or any portion of the Products by
reverse engineering, disassembly, decompilation or any other means. You do not
receive any, and CBT Nuggets retains all, ownership rights in the Products. The
Products are copyrighted and may not be copied, even if modified or merged with
other Products. You shall not alter or remove any copyright notice or
proprietary legend contained in or on the Products.
2. TERMINATION OF LICENSE. Once any applicable subscription period has
concluded, the license granted by this Agreement shall immediately terminate
and you shall have no further right to access, review or use in any manner any
CBT Nuggets content. CBT reserves the right to terminate your subscription if,
at its sole discretion, CBT believes you are in violation of this Agreement.
CBT reserves the right to terminate your subscription if, at its sole
discretion, CBT believes you have exceeded reasonable usage. In these events
no refund will be made of any amounts previously paid to CBT.
3. DISCLAIMER OF WARRANTY AND LIABILITY. The products are provided to you on
an "as is" and "with all faults" basis. You assume the entire risk of loss in
using the products. The products are complex and may contain some
nonconformities, defects or errors. CBT Nuggets does not warrant that the
products will meet your needs, "expectations or intended use," that operations
of the products will be error-free or uninterrupted, or that all
nonconformities can or will be corrected. CBT Nuggets makes and user receives
no warranty, whether express or implied, and all warranties of merchantability,
title, and fitness for any particular purpose are expressly excluded. In no
event shall CBT Nuggets be liable to you or any third party for any damages,
claim or loss incurred (including, without limitation, compensatory,
incidental, indirect, special, consequential or exemplary damages,
lost profits, lost sales or business, expenditures, investments, or commitments
in connection with any business, loss of any goodwill, or damages resulting
from lost data or inability to use data) irrespective of whether CBT Nuggets
has been informed of, knew of, or should have known of the likelihood of such
damages. This limitation applies to all causes of action in the aggregate
including without limitation breach of contract, breach of warranty,
negligence, strict liability, misrepresentation, and other torts. In no event
shall CBT Nuggets' liability to you or any third party exceed $100.00.
4. REMEDIES. In the event of any breach of the terms of the Agreement CBT
reserves the right to seek and recover damages for such breach, including but
not limited to damages for copyright infringement and for unauthorized use of
CBT content. CBT also reserves the right to seek and obtain injunctive relief
in addition to all other remedies at law or in equity.
5. MISCELLANEOUS. This is the exclusive Agreement between CBT Nuggets and you
regarding its subject matter. You may not assign any part of this Agreement
without CBT Nuggets' prior written consent. This Agreement shall be governed by
the laws of the State of Oregon and venue of any legal proceeding shall be in
Lane County, Oregon. In any proceeding to enforce or interpret this
Agreement, the prevailing party shall be entitled to recover from the losing
party reasonable attorney fees, costs and expenses incurred by the prevailing
party before and at any trial, arbitration, bankruptcy or other proceeding and
in any appeal or review. You shall pay any sales tax, use tax, excise, duty or
any other form of tax relating to the Products or transactions. If any
provision of this Agreement is declared invalid or unenforceable, the remaining
provisions of this Agreement shall remain in effect. Any notice to CBT under
this Agreement shall be delivered by U.S. certified mail, return receipt
requested, or by overnight courier to CBT Nuggets at the following address:
44 Club Rd Suite 150, Eugene, OR 97401 or such other address as CBT may
designate.
