CBT Nuggets License Agreement
Last updated in July 2020
Unless otherwise stated, all references in this License Agreement to the “CBT Nuggets Content” or the “Content” includes the CBT Nuggets Learner-facing and Administrator-facing applications and platforms, individual videos within a series, entire series, series packages, supplemental materials, Learner resources, quiz questions, proprietary instances of the virtual lab and/or access to any portions thereof. All references to “CBT” or “CBT Nuggets” shall mean CBT Nuggets, LLC, a Delaware limited liability company, with its principal office located at 2850 Crescent Avenue, Eugene, OR 97408.
Pursuant to the terms herein, CBT Nuggets grants the CBT Nuggets Learner(s) or Account Administrator(s) (“You” or “Your”) access to the CBT Nuggets Content, through an authorized single user license during a valid subscription or access period. The single user license shall be connected to You, a named individual with a unique email address, for the term of Your subscription unless otherwise assigned to another Learner in compliance with the terms of this License Agreement. Accounts may purchase multiple licenses, and may reassign any single user license that has been held by a Learner for at least thirty (30) days prior to the assignment. The terms of this License Agreement expressly govern the access to the CBT Nuggets Content by each and every CBT Nuggets Learner (authorized single user license), and Account Administrator (manages and assigns single user licenses).
1. SCOPE OF AGREEMENTS
1.1 This License Agreement outlines Your obligations while accessing the CBT Nuggets Content. The provisions of this License Agreement shall prevail over any conflicting provisions in any third party purchase order and/or terms and conditions.
1.3 CBT Nuggets reserves the right to alter its Services and Content, including but not limited to making changes to Content, Content types, delivery systems, applications, platforms, modalities, interfaces, tools, features, functionality, access length to individual assets, access methods, websites, and support.
2. GRANT OF YOUR LICENSE
2.1 CBT Nuggets hereby grants You a revocable, non-exclusive, non-royalty bearing license to access and use the CBT Nuggets Content within reasonable usage limits. Any assignment of the single user license must be in strict compliance with the terms of this License Agreement.
2.2 You MAY NOT capture, copy, reproduce, disclose, publish, reverse engineer, translate, port, modify, or make derivative works of the CBT Nuggets Content in any form, in whole or in part, without the express prior written authorization of CBT Nuggets.
2.3 You MUST strictly adhere to this License Agreement and promptly remedy any violation.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All right, title, and interest in and to the CBT Nuggets Content, and any derivative works thereof is expressly reserved by CBT Nuggets. The CBT Nuggets Content is proprietary material which is protected under United States and international law.
3.2 Any action or attempt to steal, misappropriate, pirate, or otherwise violate Section 2.2, is a violation of this License Agreement and shall be grounds for Termination of this License Agreement and all other agreements between You and CBT Nuggets.
4. TERMINATION OF YOUR LICENSE
4.1 Any violation(s) of Sections 2.1, 2.2, 2.3, 3.2, or 7.3 shall be grounds for Termination of Your license.
4.2 CBT Nuggets reserves the right to determine whether a violation of this License Agreement has occurred and to suspend Your access during such investigation. Failure to cooperate with any investigation of a suspected violation shall be considered a violation and shall be grounds for Termination of Your license.
4.3 Upon Termination of Your license, CBT Nuggets shall not refund any amounts You previously paid to CBT Nuggets.
5. DISCLAIMER OF WARRANTY
5.1 The CBT Nuggets Content is provided to You on an “AS IS” and “WITH ALL FAULTS” basis.
5.2 CBT Nuggets makes, and user receives, NO WARRANTY, whether express or implied.
5.3 ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY ANALOGUE THEREOF, ARE HEREBY EXPRESSLY DISCLAIMED.
6. LIMITATIONS OF LIABILITY
6.1 IN NO EVENT SHALL CBT NUGGETS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AND ALL DAMAGES, CLAIMS, LOSSES, EXPENSES, LIABILITIES OR COSTS ARISING OUT OF, INCURRED BECAUSE OF, OR RELATED TO THE CONTENT AND/OR THIS LICENSE AGREEMENT, INCLUDING ATTORNEY FEES, 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 ALL OTHER TORTS.
6.2 In no event shall CBT Nuggets’ liability to You or any third party exceed the amount You have actually paid for access to the CBT Nuggets Content in the preceding twelve months.
7. LEARNING RESOURCES
7.1 As a CBT Nuggets Learner or Account Administrator, You have access to a robust collection of learning resources.
7.2 CBT Nuggets’ Accountability Coaching can assist You or Your team in maximizing the benefits of the CBT Nuggets Content through personally connecting with You or Your team on a regular basis providing motivation, driving accountability for development and progression, helping You or Your team to feel empowered, encouraged, and eager to learn. Accountability Coaching is a highly interactive service offering which can assist You or Your team achieve Your training goals. More information can be found at https://www.cbtnuggets.com/accountability-coaching.
7.3 Use of Accountability Coaching is subject to a Learner’s professionalism and decorum. The harassment, intimidation, or use of vulgarity or obscenity towards any CBT Nuggets employee will not be tolerated and shall be grounds for Termination.
8. MISCELLANEOUS PROVISIONS
8.2 If any provision of this License Agreement is declared invalid or unenforceable, the parties intend for the remaining provisions of this License Agreement to remain in effect.
8.3 This License Agreement shall be governed by the laws of the State of Oregon and venue of any legal proceeding shall be in Lane County, Oregon, USA.
8.4 For security purposes, CBT Nuggets reserves the right to reset passwords for inactive accounts.
8.5 CBT Nuggets allows for CBT Nuggets Learners to utilize free trial periods of access to the CBT Nuggets Content, under the terms and conditions of such promotional offers. Creation of multiple free trial accounts by a single Learner, outside of such promotional offers, is prohibited and considered to be a direct violation of this License Agreement. Individuals seeking to continue service beyond any promotional free trial period must enroll in a paid subscription.
CBT Nuggets reserves the right, in its sole discretion, to change, modify, add, or remove all or part of this License Agreement at any time, with or without notice.
Questions regarding this License Agreement should be directed to: firstname.lastname@example.org.
To request a custom agreement for licensing and billing, please contact our Sales team.