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End-User License Agreement ("EULA") for the Boson CISSP Training Video CDROM
Software
Revision 8/6/03
IMPORTANT - PLEASE READ CAREFULLY BEFORE USING OR VIEWING ANY SOFTWARE OR PRODUCT
FROM BOSON SOFTWARE, INC. ("BOSON") The following BOSON End-User License
Agreement ("EULA") applies to you the individual or organization or entity that is
using or viewing the Product. This is a legal agreement between you the End-"USER"
("USER" is either an individual or an entity) and BOSON (collectively referred to
as the "Parties"). By using this software, study guide, training video, or any
other BOSON Product(s), USER indicate USER acceptance of this EULA, agrees to be
bound by its terms and conditions for use, and acknowledges that the USER is not
purchasing any ownership of the software or Product(s) under this license, but
rather the USER is purchasing the right to use it under the following conditions.
IF THE USER DOES NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE OR
PRODUCT(S), REMOVE ALL COPIES FROM ALL MEDIA FORMATS, AND RETURN IT TO THE PLACE OF
PURCHASE FOR A REFUND.
THIS IS A SINGLE COMPUTER, SINGLE USER LICENSE: You may only use the software
contained within the CDROM (BOSON "Product") on a single computer to be used by a
single individual. You may not copy or distribute this Product in any form or
manner whatsoever, except for a single backup set for private use in accordance
with United States copyright law. This is applicable to the video on this CDROM,
the software wrapper for the CDROM, the menu launcher, and all other components of
the Product.
2.1) The BOSON web sites, applications, practice questions, labs, exhibits,
diagrams, graphics, software, study guides, materials, audios, videos, products,
this agreement, and all related software product documentation are Copyright � 2003
by Boson Software, Inc. All rights reserved.
2.2) Data contained within the Content (eg. training videos in AVI format,
collectively called the "Works") wrapped within the CDROM Software is Copyright �
2003 Boson Software, Inc. The USER acknowledges that such Content is owned by
Boson, and protected by United States copyright laws and international treaty
provisions.
2.3) Some portions of some Content was developed by independent contractor authors.
The BOSON Independent Contractor Agreement states under penalty of perjury that no
copyrighted, confidential, or intellectual property materials may be derived or
used in the creation of the Content or Works distributed by BOSON.
2.4) All BOSON Content, Products, Materials, and/or Works are not sponsored by,
endorsed by or affiliated with any other company except those partnerships
expressly announced at www.Boson.com.
2.5) The USER acknowledges the overall Product is owned and Copyright by BOSON, is
protected by United States copyright laws and international treaty provisions, and
the USER agrees not to challenge the BOSON Copyright status for said BOSON Product.
3.1) In recognition of the higher costs and delay which may result in litigation,
the USER agrees to binding mediation prior to any action or cause of action arising
hereunder or in any way connected with or related or incidental to the dealings of
the parties hereto or any of them with respect hereto, in each case whether now
existing or hereafter arising and whether sounding in contract or tort or
otherwise; The USER hereby agrees and consents that any such claim, demand, action,
or cause of action shall be subject to pre-lawsuit, binding mediation by an
independent arbiter, to be agreed upon by the Parties.
3.2) Prior to filing any law suit or other legal action, the USER agrees to
immediately notify BOSON of any Copyright, Confidential Information, Intellectual
Property, or Trademark infringements discovered on or within any BOSON web site or
Product, and further agrees to give BOSON reasonable opportunity to immediately
verify and remove any such offending Product from sale.
4.4) Reasonable effort has been made to acknowledge all third-party trademarks and
servicemarks, however neither BOSON, its staff, its partners, its management, nor
the Independent Contractor Author can attest to the accuracy of that information.
5.1) BOSON reserves the right to change prices without notice or compensation to
the USER.
5.2) The USER's license rights under this EULA are non-exclusive.
5.3) Certain rights are not granted under this EULA which may be available under a
different agreement.
5.4) USER may not alter, modify, decompile, reverse engineer, disassemble, or
otherwise reduce the Product to an un-protected form.
5.5) USER may not create derivative Works based upon the Product(s).
5.6) In the event that USER fails to comply with this EULA, BOSON may terminate the
license and USER must destroy, delete, and erase all copies of the Product(s), with
all other provisions of this EULA surviving any such termination.
5.7) Upon using the Product (only possible after EULA acceptance), BOSON only
grants the USER the right to use the Product as described herein.
5.8) The USER may NOT copy any Content from any BOSON Product, CDROM, software,
test question, study guide, or other BOSON materials, to any other computer or
media without express written permission from BOSON.
5.9) The USER may not permit the public viewing or public use of any BOSON Product.
5.10) The USER agrees that any attempt to bypass, override, or otherwise circumvent
the BOSON copy protection system for any BOSON Product or other software is
prohibited by United States Copyright Law and other International Treaties.
5.11) The USER acknowledges and accepts that all BOSON license models are enforced
through the use of BOSON's unique Copy Protection.
5.12) The USER has read and agrees with all of the terms of this entire EULA.
5.13) This EULA and all disputes and suits related thereto shall be governed,
construed, and interpreted in accordance with the laws of the State of Florida in
the United States of America without regard to conflicts of laws provisions
thereof. The sole jurisdiction and venue for all disputes relating to this EULA
shall be the Florida State Courts for the County of Hillsborough and the Parties
hereby consent to the jurisdiction of such courts and waive all venue objections.
5.14) This EULA contains the complete agreement between the parties, and supersedes
all prior agreements or understandings, whether oral or written. USER agree that
any additional terms contained in any other written notification or document issued
by USER or BOSON in relation to the Product licensed hereunder shall be of no
effect. The failure or delay of Boson to exercise any of its rights under this EULA
or upon any breach of this EULA shall not be deemed a waiver of those rights or of
the breach.
6.1) Boson, its partners, and providers of content disclaim all warranties and
representations, whether expressed, implied, or otherwise, including the warranties
of merchantability or fitness for any purpose whatsoever.
6.2) Boson, its partners, and providers of content do not warrant that the product
or software is error-free or will operation without interruption. The product or
software is not designed, intended or licensed for any particular use whatsoever,
and BOSON, its partners, and providers of content specifically disclaims any
express or implied warranty of fitness for any purpose whatsoever.
6.3) The USER understands and agrees that all BOSON Products are provided on an
"as-is" basis, and are operated at the USER's own risk.
7.3) BOSON's and its partners total liability to the USER for actual damages for
any cause whatsoever will be limited to $5.00 USD, or the amount paid by the USER
for the software or Product(s) that caused such damage, whichever is less. BOSON's
limitations on liability are intended to apply to all warranties, disclaimers, and
all other aspects of this EULA.
7.4) The USER agrees that BOSON, BOSON's partners, BOSON's providers of Content,
BOSON's Independent Contractor Authors, and BOSON's Staff, shall have neither
liability nor responsibility to any person or entity with respect to any loss or
damages arising from the Product, or any information contained on the Boson Web
Site, or from the use of any BOSON related information or other Products. Use of
any information posted at any BOSON owned web site, or use of any suggestions or
recommendations made by BOSON, its Products, or its staff, or use of any
information within any other Product or software provided or owned by BOSON, is
entirely at USER's own risk.
8.1) BOSON disclaims any responsibility for the Content of any third party or
contracted materials provided through or on the CDROM, the Boson.com web site, or
on any other Boson-owned web site.�BOSON'S PARTNERS AND PROVIDERS OF CONTENT MAKE
NO GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND WARRANTIES AS TO THE ACCURACY, ADEQUACY, CURRENTNESS, COMPLETENESS OR
PERFORMANCE OF OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE PRODUCT
AND/OR ANY CONTENT CONTAINED THEREIN
8.2) BOSON does desire to respect all copyrights and to respond accordingly when
notified of the infringement of those rights.� Therefore, and in compliance with 17
U.S.C. � 512, if the USER believes that any such third party materials infringe any
intellectual property rights, the USER agrees to contact the following agent to
request a review of the alleged infringement prior to filing any law suit or other
legal action:
BOSON EULA Copyright � 1998-2003 Boson Software, Inc. All Rights Reserved.