SINGLE-USER LICENSE AGREEMENT
IMPORTANT: READ THIS LICENSE AGREEMENT (THE ‘LICENSE’) CAREFULLY BEFORE PROCEEDING. USING THE SOFTWARE PRODUCT ACCOMPANIED BY OR INCLUDED WITH THIS LICENSE INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE, PROMPTLY CONTACT GREEN BUILDING EDUCATION SERVICES FOR A FULL REFUND. REFUNDS ARE GRANTED FOR UNUSED PRACTICE TESTS ONLY.
Grant of Single-User License. YOU ARE THE ONLY PERSON ENTITLED TO USE THE SOFTWARE. This is a license agreement between you (an individual) and Green Building Education Services Software, LLC (‘Green Building Education Services’) whereby Green Building Education Services grants you the revocable, personal, non-exclusive and nontransferable license and right to activate and run the software product accompanied by or included with this License, all content included therewith, updates (if any), and all corresponding documentation (collectively referred to as the ‘Software’). ONLY YOU (AND NO ONE ELSE) ARE ENTITLED TO USE THE SOFTWARE. The Software is protected by copyright and other state, federal and international intellectual property laws. Green Building Education Services reserves all rights not expressly granted in this License, and Green Building Education Services continues to own the Software, including all rights, title, interest, and all copyrights in and to the Software as well as any copy made by you. Unauthorized copying of the Software, or failure to comply with this License will result in automatic termination of the license granted hereunder, and will entitle Green Building Education Services to pursue other legal remedies against you. IMPORTANT, under the terms of this License:
YOU MAY: (a) Run the Software on any computer(s) solely for your personal and non-commercial use.
YOU MAY NOT: (a) allow any other person to use the Software, (b) share the login information with anyone else; (c) modify, translate, reverse engineer, decompile, decode, decrypt, disassemble, adapt, create a derivative work of, or in any way derive source code from or copy the Software; (d) sell, rent, lease, sublicense, or otherwise transfer or distribute the Software to any other person or entity without the prior written consent of Green Building Education Services (and any attempt to do so shall be void); (e) remove or conceal any proprietary notices, labels, or trademarks on the Software; (f) direct, assist or permit any other person or entity to do any of the foregoing; or (g) copy any of the questions or answers for any reason.
Term. The term of the license granted hereunder shall commence upon the earlier of your acceptance of this License or your using the Software; and such license will expire three years from the date of purchase (not to be confused with the usage period of the product). Upon expiration or termination of the license granted hereunder, you agree to: (i) immediately discontinue all use of the Software.
Limited Warranty, Limitation of Remedies and Liability. Green Building Education Services makes every effort to make the Software available to users at all times through the website. Green Building Education Services does not warrant 100% uptime of the server, though we do strive for that service level.
Green Building Education Services makes no other or further warranties regarding the Software, either express or implied, including the quality of the Software, its performance, merchantability, or fitness for a particular purpose. The Software is licensed to you on an ‘As-Is’ basis. The entire risk as to the performance and QUALITY OF THE SOFTWARE remains solely with you. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GREEN BUILDING EDUCATION SERVICES, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE (OR EXPAND UPON) ANY WARRANTY BEYOND THAT PROVIDED ABOVE WITH RESPECT TO THE MEDIA, AND YOU MAY NOT RELY UPON ANY SUCH INFORMATION OR ADVICE.
Green Building Education Services’s exclusive and maximum liability for any claim by you or anyone claiming through or on behalf of you arising out of your order OR use of (OR INABILITY TO USE) the Software shall not under any circumstance exceed the actual amount paid by you to Green Building Education Services for the Software License granted hereunder. IN NO EVENT SHALL GREEN BUILDING EDUCATION SERVICES (NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE) BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH OR ON BEHALF OF YOU FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, PROFITS, BUSINESS INTERRUPTION, GOODWILL, OR SAVINGS, OR ANY LOSS OF DATA, FILES, INFORMATION OR PROGRAMS STORED BY YOU) ARISING UNDER THIS LICENSE AGREEMENT OR OUT OF YOUR ORDER OR USE OF (OR INABILITY TO USE) THE SOFTWARE EVEN IF GREEN BUILDING EDUCATION SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PLEASE READ CAREFULLY. THE FOLLOWING LIMITS SOME OF YOUR RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT. By accepting this License, both you and Green Building Education Services agree that all claims or disputes between us of any nature whatsoever arising out of or in any way related to the Software or this License Agreement will be submitted to binding arbitration if demanded by either party. The arbitration will be handled by the American Arbitration Association and governed by its rules. This License requiring arbitration (if demanded) is still fully binding even if a class action is filed in which you would be a class representative or member. You and Green Building Education Services agree that the arbitration of any dispute or claim between them will be conducted apart from all other claims or disputes of other parties and that there will be no class or consolidated arbitration of any claims or disputes covered by this License. The parties also agree that this License does not affect the applicability of any statute of limitations.
Restricted Rights. If the Software is acquired by or for the U.S. Government, then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software Act-Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. The contractor/manufacturer is Green Building Education Services Software, LLC
General. This License shall be interpreted and governed by the laws of the State of Texas without regard to the conflict of laws provisions of such state, and any arbitration or legal action relating to this License shall be brought in the appropriate forum located in Smith County, Texas, which venue and jurisdiction you agree to submit to, and the prevailing party in any such action shall be entitled to recover reasonable attorneys’ fees and expenses as part of any judgment or award. The pursuit by Green Building Education Services of any remedy to which it is entitled at any time shall not be deemed an election of remedies or waiver of the right to pursue any of the other remedies to which Green Building Education Services may be entitled. THIS LICENSE IS THE ENTIRE AGREEMENT BETWEEN US AND SUPERSEDES ANY OTHER COMMUNICATION, ADVERTISEMENT OR UNDERSTANDING WITH RESPECT TO THE SOFTWARE. If any provision of this License is held invalid or unenforceable, the remainder shall continue in full force and effect. All provisions of this License relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Green Building Education Services’s ownership of the Software and other proprietary rights shall survive any termination of this License.