Single User License: Products are preconfigured to ship with a non-transferable Single User License. This permits the purchaser to install the eLearning on a single PC for use by a single user. Duplication, sharing, multiple installations, and/or electronic transmissions of any content are in violation of CyberLearning, its content providers’ and International conventions copyright.
Multi-User License: An MUL is a non-transferable, multi-user limited license that permits the purchaser to install the eLearning in an eLearning lab. Duplication of CD and/or electronic transmission of any content are in violation of manufacture's copyright.
MasterExams, Books and Workbooks are considered supplementary products and are not included under a MUL license.
Each additional user license must be unlocked by CyberLearning or its authorized representative. User must access the eLearning materials using an original DVD-ROM. With a Multi-User License, additional sets of Media (DVD-ROMs) may be purchased from CyberLearning or its authorized resellers.
2. Rights: It is hereby understood, acknowledged, and agreed by You (the purchaser of the copy of the program and documentation with which this Single User License agreement (the "agreement") is packaged) that:
(i) CyberLearning ("Company") and/or its suppliers, agents, and contractors, as applicable, is/are the exclusive owner(s) of all right, title and interest in and to the system, program, and documentation, and all works derived from the system, program, and/or documentation, wherein such right, title, and interest includes, but is not limited to, the rights provided by patent, copyright, trademark, trade secret, and trade dress laws, both domestic and international;
(ii) Notwithstanding any other provision of this agreement, CyberLearning and/or its suppliers, agents, and contractors, as applicable, owns and retains all right, title, and interest in and to:
(a) any and all improvements, modifications or amendments that You make to the system, program, and/or documentation,
(b) any and all works prepared by You and/or at Your direction, and derived either in whole or in part from the system, program, and/or documentation, and
(c) any copies of the system, program, and/or documentation made by You, or caused or permitted to be made by You; and
(iii) You do not, by virtue of Your purchase and/or use of the system, program and/or documentation, as applicable, thereby acquire any ownership, rights, title, or interest, of any kind in the system, program, or documentation.
3. License: In consideration of the payment of a license fee, CyberLearning hereby grants to You a nonexclusive license to load and display any and all portions of this copy of the system, program and documentation on a SINGLE properly configured personal computer and to use this copy of the system, program, and documentation solely for computer technology eLearning courseware in accordance with the terms of this agreement.
The system, program and documentation may be displayed and used only by You. You may load, display, and use this copy of the system, program and documentation on a computer other than the computer on which the system, program and documentation were originally installed.
However, at no time shall any portion of the system, program or documentation be installed on more than a single computer. You may make a single archive copy of the program and documentation, provided however, that no portion of such archive copy shall be stored at any time on the hard drive of any computer. All rights not expressly granted in this agreement are hereby reserved by CyberLearning or its content providers.
4. Term and Termination: The agreement is effective until terminated. You may terminate this agreement at any time by destroying the program and documentation, together with all copies thereof, and ceasing from using the system, program, and documentation in any manner. Immediately upon any termination of this agreement, the rights granted to you hereunder revert completely to CyberLearning.
CyberLearning may, in its sole discretion, terminate this agreement if You fail to comply with any term or condition of this agreement. In such event, no notice shall be required by CyberLearning to effect such termination. Such termination shall be without prejudice to any other remedy to which CyberLearning may be entitled under applicable law, statute, or regulation.
Upon termination of this agreement, for whatever reason, you agree to immediately destroy the program and documentation together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return the same to CyberLearning at your expense within ten (10) working days of such termination.
You further agree to provide written certification to CyberLearning within ten (10) working days of any termination, that you have fully complied with the requirements of this sub-paragraph. Notwithstanding the termination of this agreement, for any reason, your duties and obligations with respect to CyberLearning's rights and/or the rights of its suppliers, agents, and contractors, as applicable, in the system, program, and documentation, as provided for herein, shall continue in effect.
6. Restrictions on Transfer: You shall not sell, rent, lease, sublicense, assign, transfer, network, reproduce, or timeshare the system, program, documentation, or Your rights, duties, or obligations under this agreement, nor cause or permit any third party to do the same. Further, any such sublicense, assignment, or other transfer of any of Your rights, duties, or obligations hereunder is void ab initio (from the beginning).
7. Inspection: CyberLearning reserves the right, upon two (2) working days’ notice, to inspect your installation and use of the system, program, and documentation, in order to verify and confirm your compliance with the terms of this agreement. Such inspection shall occur during normal business hours and at CyberLearning’s expense.
9. Remedies: CyberLearning’s entire liability, and your exclusive remedy, shall be the replacement of any media not complying with the Limited Warranty and that is returned to CyberLearning with a copy of your purchase receipt, and if CyberLearning is unable to deliver a replacement copy of any such media that is free of defects in materials or workmanship, you may terminate this agreement by returning the program and documentation for a full refund of the purchase price.
10. Questions: All questions concerning this agreement may be directed to CyberLearning at the email and address given on the website.
11. Jurisdiction and Disputes: This agreement shall be governed by the laws of India. All disputes concerning this agreement shall be resolved in the applicable courts in New Delhi. The Parties hereto consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.