PROJECT MANAGEMENT INSTITUTE, INC. ("PMI") IS THE OWNER OF THE
PUBLICATIONS MADE AVAILABLE TO YOU AS A PMI MEMBER VIA WWW.PMI.ORG (�PUBLICATIONS�) AND SHALL LICENSE THE PUBLICATIONS TO YOU AS AN INDIVIDUAL ("YOU" or "USER") CONTINGENT UPON YOUR ACCEPTANCE OF ALL THE TERMS OF THIS LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE ACCESSSING THE PUBLICATIONS. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND PMI. BY DOWNLOADING AND/OR OPENING ANY OF THE PUBLICATIONS, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. 1. License to Use. PMI grants User a non-exclusive, non-transferable license (the "License") to install the Publications on User�s computer or other electronic media for User�s use only. The term of this License Agreement shall be perpetual, unless it is terminated due to User�s breach of this License Agreement, as noted in Section 5. This Agreement also governs any releases, revisions or enhancements to the Publications that PMI may furnish to User. 2. Copyright Use and Restrictions. The Publications are owned by PMI, are protected by the copyright laws of the United States and international treaties, and contain proprietary information belonging to PMI. User may not reproduce, distribute, modify, adapt, decompile, disassemble, decrypt, extract, or otherwise reverse engineer any of the digital or electronic files containing the Publications. User may not create derivative works based upon all or part of the Publications without the express written consent of PMI; Users must submit a request to create a derivative work through the Permissions Form contained on PMI�s website, www.pmi.org. User may not transfer, lease, assign, or sublicense any of the Publications or this License, in whole or in part. No right, title or interest to any trademarks, service marks or trade names of PMI is granted by this Agreement. 3. Limited Warranty. PMI warrants that the Publications, as delivered to User, do not infringe any existing U.S. patent, copyright, trademark, or trade secret. If User promptly notifies PMI of any such claim, PMI will indemnify User and hold User harmless against such claim, and will control any defense or settlement, unless User has modified the Publications, combined the Publications with any software that led to the claim or failed to promptly install any version of Publication provided to User that is non- infringing. If commercially reasonable, PMI will either obtain the right for User to use the Publications or will modify the Publications to make them non-infringing. Except for the limited noninfringement warranty noted above, the Publications are being provided to User on an AS IS basis and PMI makes no other warranty as to its use or performance, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. License Agreement Project Management Institute 2 4. Limitation of Remedies. IN NO EVENT WILL PMI BE LIABLE TO USER FOR ANY CLAIMS OR DAMAGES IN EXCESS OF AMOUNTS PAID TO PMI UNDER THIS LICENSE AGREEMENT. PMI SHALL NOT BE LIABLE FOR ANY LOST DATA, LOST PROFITS, LOST SAVINGS, OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USER�S USE OF OR INABILITY TO USE THE PUBLICATIONS, EVEN IF PMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.