NB: In this document, “you” or “your” means the user of the Software and “Odyssey” means Odyssey Online Inc
BY USING THIS SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND ODYSSEY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT FROM THIS COURSE AND RETURN THIS COURSE TO THE PERSON FROM WHOM YOU OBTAINED IT WITHIN THREE (3) DAYS OF RECEIPT AND OBTAIN A REFUND.
ODYSSEY grants you a terminable non-exclusive, non-transferable license to use one copy of the enclosed software program (the “Software”) and accompanying documentation in accordance with the following terms and conditions.
You may use the Software only on a single stand-alone computer or a network node from which the Software cannot be accessed by another computer. You may make one (1) copy of the Software for back-up or archival purposes only. If the Software is installed in a corporate or network environment it shall be used by no more than one (1) user unless the number of authorized copies or users of the Software is set out on this package or in a separate agreement with ODYSSEY. Software may be installed on a network server only for the purpose of distributing copies of the Software to other computers and for no other purpose whatsoever. You will not: (a) copy the Software, except as provided above, (b) reverse engineer, disassemble or decompile the Software, (c) transfer or make available the Software to any other party, or (d) use the Software outside the country of acquisition.
The computer software, artwork and other components included in the Software are the copyrighted property of ODYSSEY and its licensors. The Software is licensed (not sold) to you, and ODYSSEY owns all intellectual property rights, including but not limited to, copyright, trade secret, patent and other proprietary rights in and to the Software. You may use the Software on a single computer. You may not: (1) copy (other than once for back-up purposes), distribute, rent, loan, lease or sublicense all or any portion of the Software; (2) modify, translate, distribute or prepare derivative works of the Software or the accompanying documentation; (3) reverse engineer, decompile or disassemble the Software or the accompanying documentation; or (4) remove any proprietary notices, labels, or marks on the Software and accompanying documentation. You may not transfer the Software. Your license is automatically terminated if you transfer the Software.
THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE SOFTWARE, ACCOMPANYING DOCUMENTATION AND ANY COPY MADE BY YOU REMAIN WITH ODYSSEY OR ITS LICENSORS, AS THE CASE MAY BE.
CONFIDENTIALITY – The Software contains confidential trade secret information belonging to ODYSSEY, and you may use the Software only pursuant to the license set forth herein. In addition, you may not disclose the Software to any third party.
ODYSSEY warrants to you that the media furnished in this product will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. In the event that such media is proven to be defective, ODYSSEY’s entire liability and your sole and exclusive remedy shall be replacement of the media or such part of the media not meeting ODYSSEY’s limited warranty, provided that you return the media or such part of the media to ODYSSEY. If failure of the media or any part of the media has resulted from accident, abuse, or misapplication of the Licensed Software, then ODYSSEY shall have no obligation to replace the media or any such part of the media under this limited warranty.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. EXCEPT FOR THE LIMITED NINETY (90) DAY WARRANTY ON THE MEDIA SET FORTH ABOVE, THE SOFTWARE AND ANY RELATED DOCUMENTATION OR MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ODYSSEY LMS LY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ODYSSEY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND YOU (AND NOT ODYSSEY) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL ODYSSEY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF ODYSSEY OR A ODYSSEY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
YOU AGREE THAT THE LIABILITY OF ODYSSEY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE USE OF THE SOFTWARE.
This License is governed by the laws of the State of New York. If any provision of this license is not enforceable, it will be served from this license and the remainder will remain in full force and effect.
If you have any questions regarding this License or the Software, please contact the ODYSSEY office nearest you.