This End User License Agreement (hereinafter referred to as “EULA”) applies to your use of the online training environment, training materials, application, software, associated upgrades, patches and updates as well as related services (hereinafter jointly referred to as: “Products”) provided now and in the future by European Reliability Centre (ERC) B.V. (hereinafter referred to as: ERC).
ERC reserves the right to change, modify, add to or delete items in this EULA at any time, in accordance with the procedures described in clause 9 below.
1.1 ERC (or its licensors) hereby grants you a non-exclusive, non-transferable, non-commercial and personal license, without the right to grant sublicenses (hereinafter referred to as the “License”) to install and/or use the Product (in whole or in part) or any Product (hereinafter the “License”) for the period of time until either you or ERC terminate this EULA. Under no circumstances are you permitted and you may not allow others to use the Product or this License for commercial purposes without having obtained a license to do so from ERC. Updates, upgrades, patches and modifications may be required to continue using the Product on some hardware. THIS PRODUCT IS LICENSED AND THEREFORE NOT SOLD TO YOU.
1.3 In using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct applicable to your use of the Product (hereinafter referred to as “Rules of Conduct”), which are not exhaustive and which may be changed by ERC at any time. In all cases, you may only use the Product in accordance with the anticipated use of the Product.
As an example, and without limiting ERC’s rights to take action against you, you are not allowed:
a. Create, use, share and/or publish any material (text, words, images, sounds, videos, etc.) by any means in connection with the Product in violation of a duty of confidentiality, an intellectual property right or an individual’s right to privacy or incitement to commit a tort (in particular, piracy, cracking or distribution of counterfeit software);
b. Modify, disrupt, block, abnormally load, interrupt, delay and/or hinder the normal operation of all or part of the Product, or its accessibility to other users, or the operation of the Product’s partner networks, or attempt to do any of the foregoing;
c. Transmit or propagate any virus, Trojan horse, worm, bomb, damaged file and/or similarly destructive system or similarly damaged data in connection with the Product, and/or in any way organise, participate in or be involved in an attack on the servers and/or the Product of ERC and/or those of its service providers and partners;
d. Alternative methods of using the Products, e.g., server emulators, to create, deliver, or use;
e. Spam in chats, whether for personal or commercial purposes, by interrupting the flow of conversation with repeated postings of a similar nature;
f. Transmit or communicate any material or content that, in ERC’s sole discretion, is deemed offensive, including without limitation language that is harmful, threatening, unlawful, abusive, harassing, defamatory, derogatory, obscene, sexually explicit, discriminatory, or ethnically or otherwise intolerable;
g. Harass or threaten any other users of the Product;
h. Improper use of the help service or claim buttons, or sending untrue reports to members of ERC staff;
i. Falsely claiming to be an employee or representative of ERC or its partners and/or agents;
j. Falsely claiming approval in connection with the Product or with ERC.
1.4 In case of using DORA Enterprise, the software could be installed on your server. After installation you are allowed to use the software without any limitations mentioned in this EULA. The terms of buying or using DORA Enterprise will preveal above anything mentioned in this EULA.
2. RIGHT OF OWNERSHIP.
All title and intellectual property rights in and to the Product (including without limitation all text, graphics, music or sound, any message or information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audiovisual effects, domain names and all other elements contained in the Product, separately or combined) and all copies thereof are the property of ERC or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain Licensed Materials and ERC’s licensors may, in such event, protect their rights in the event of any violation of this EULA. Any reproduction or representation of these Licensed Materials in any manner or for any reason is prohibited without the prior consent of ERC and, where applicable, its licensors and agents. Except as expressly set forth in this EULA, all rights not granted to you under this Agreement are expressly reserved by ERC.
This License does not grant any claim or title to the Product and shall not be construed as a sale of any rights in the Product.
3.1 THE PRODUCT CAN BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (HEREINAFTER REFERRED TO AS “DRM SOFTWARE”). IN THAT CASE, YOU HEREBY AGREE AND CONSENT TO THE FOLLOWING WITH RESPECT TO THE DRM SOFTWARE: (I) BY INSTALLING THE PRODUCT, THE DRM SOFTWARE WILL BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION ON YOUR COMPUTER; AND (IV) DURING THE INSTALLATION AND/OR INITIAL LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT WILL ERC BE LIABLE IN CONNECTION WITH ANY COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE WHOSE ADDRESS APPEARS DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, AN ERC ACCOUNT AND REGISTRATION WITH THE ENCLOSED SERIAL CODE FOR SINGLE USE OR MULTI USE MAY BE REQUIRED TO USE AND ACCESS ONLINE SERVICES AND FUNCTIONALITIES OF THIS PRODUCT. AGE RESTRICTIONS MAY APPLY TO ACCESS ONLINE SERVICES AND FUNCTIONALITIES IN ACCORDANCE WITH LOCAL LAW.
3.2 If you use the Product on a Compatible Mobile Terminal, this Section 3.2 applies to you and your use of the Product:
For the purposes of this EULA, the term “Compatible Mobile Terminal” designates any portable device capable of connecting to the Internet to access the Products. The term Compatible Mobile Terminals covers in particular cell phones, smartphones, tablets and personal digital assistants (PDAs).
a. Access to the Product. To use the Product on a Compatible Mobile Terminal, you must have access to an electronic communications network. The connection charges (including, without limitation, the costs of mobile providers and/or carriers) are borne solely by you. You hereby acknowledge that the quality of the Products, the response time or access to certain features may depend on the capabilities of your Compatible Mobile Terminal and the electronic communications network. In no event shall ERC be liable for any reduced user convenience. You hereby acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.
b. Collection of personal data: In order to provide you with customized services (such as providing certifications) and product support, ERC may collect and store data about you in connection with your use of the Product, your connection data and/or your Compatible Mobile Terminal. Some data is stored, archived, analyzed and used to create user statistics. Your privacy is very important to ERC and ERC will not disclose your personal data to third parties unless expressly authorized by you or in special circumstances. ERC may be required to disclose or share your personal data in order to comply with any legal obligation or to protect the rights of ERC and those of other users and third parties. This includes exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, ERC reserves the right to collect, store and use anonymous data about you.
When you use the Product, the Product may monitor the random access memory (RAM) of your hardware for unauthorized third-party programs prohibited in Section 1 that interact with the Product. In the event that the Product detects such unauthorized third-party program, information may be communicated back to ERC, including the name of your Account, your Internet Protocol (IP) address, details of the unauthorized third-party program detected, and the time and date on which such unauthorized third-party program was detected, together with the hardware hardware specifications and performance characteristics, with or without additional notification to you. If the Product detects the use of any unauthorized third-party program, this License and your access to the Product may terminate with or without additional notice to you.
However, it should be noted that ERC shall not be liable for, and does not support, the opinions, advice and/or recommendations displayed or sent by you in the Product, including in chats. These notices are the sole responsibility of the user in question.
YOU HEREBY EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS DELIVERED AS IS (“AS IS”) AND TO THE EXTENT AVAILABLE (“AS AVAILABLE”). ERC, ITS LICENSORS, CHANNEL PARTNERS AND AFFILIATED SERVICE PROVIDERS HEREBY DISCLAIM AND MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) ITS CONFORMITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR SAFETY; (B) ITS FITNESS FOR A PARTICULAR PURPOSE; (C) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. ERC DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT FOR YOUR INTENDED PURPOSE, AS WELL AS FOR THE INSTALLATION AND USE OF AND THE RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ERC, ITS LICENSORS, CHANNEL PARTNERS AND AFFILIATE SERVICE PROVIDERS SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY OBLIGATIONS), BREACH OF CONTRACT, DECEPTION (WHETHER ACCIDENTAL OR INTENTIONAL) OR OTHERWISE; (B) DIRECT LOSS; (C) ACCIDENTAL LOSS; (D) INCIDENTAL LOSS; (E) CONSEQUENTIAL LOSS; AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE FOREGOING LIMITATIONS OF LIABILITY, YOUR ONLY RECOURSE IN THE EVENT OF A DISPUTE WITH ERC OR ITS LICENSORS, CHANNEL PARTNERS AND AFFILIATED SERVICE PROVIDERS SHALL BE TO DISCONTINUE USE OF THE PRODUCT AND, IF APPLICABLE, A CLAIM FOR DAMAGES FOR YOUR LOSS. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT DOES NOT COMPLY WITH APPLICABLE LEGAL WARRANTIES, ERC’S LIABILITY SHALL BE LIMITED TO REFUNDING (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR AFFILIATED SERVICE PROVIDERS) THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL ERC, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND AFFILIATE SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT PAID BY YOU TO ERC FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE TIME THE CAUSE OF YOUR CLAIM AROSE.
NOTHING IN THIS CLAUSE 6 SHALL AFFECT ERC’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ERC’S NEGLIGENCE, FRAUD OR MISREPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR THE PURPOSES OF THIS CLAUSE 6, ERC’S LICENSORS, CHANNEL PARTNERS AND AFFILIATED SERVICE PROVIDERS SHALL BE THIRD PARTY BENEFICIARIES OF THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND MAY INVOKE THIS EULA AGAINST YOU.
You are solely responsible for any damage caused to ERC’s licensors, channel partners and affiliated service providers and subcontractors, other users of the Product, and any other natural or legal person as a result of your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD ERC AND ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND AFFILIATE SERVICE PROVIDERS AND THEIR SUBCONTRACTORS HARMLESS FROM AND AGAINST ANY CLAIM OR ALLEGED CLAIM, LIABILITY, LOSS, DAMAGE, AND ALL COSTS (INCLUDING ATTORNEYS’ FEES) DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR BREACH AND/OR ARISING DIRECTLY OR INDIRECTLY FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT.
ERC reserves the right, at its own expense, to assume sole responsibility for defending any claim for which you have agreed to indemnify ERC. The provisions of this Section 7 shall survive termination of this EULA.
This EULA shall be effective from the earliest date of your purchase, download or use of the Product until termination in accordance with its terms. You and ERC (or its licensors) may terminate this EULA at any time for any reason. Termination by ERC shall be effective upon (a) notice to you or (b) termination of your ERC Account (as the case may be) or (c) at any time at which ERC decides to discontinue offering and/or supporting the Product. This EULA will automatically terminate if you fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, you must immediately uninstall the Product and destroy all copies of the Product in your possession.
ERC reserves the right, at its sole discretion, to revise, update, change, modify, add or remove any of the terms and conditions of this EULA for safety, best practice, legal or regulatory reasons. These changes will be effective with or without prior notice to you, as appropriate. You may review the most current version of this EULA by clicking on the “EULA” link on the Product or on ubi.com. You are responsible for periodically reviewing this EULA for changes. If any future changes to this EULA are unacceptable to you or cause you to discontinue or violate this EULA, you may terminate this EULA in accordance with Section 8, and you must immediately uninstall and destroy all copies of the Product. Your continued use of the Product after any revision of this EULA shall constitute your complete and irrevocable acceptance of all such changes.
ERC may modify the Product at any time and in its sole discretion, for any reason or without any specific reason, in particular for technical reasons such as updates, maintenance and/or resets in order to improve and/or optimize the Product. You agree that the Product may automatically install or download the changes. You agree that ERC may discontinue support of earlier versions of the Product upon availability of an updated version. ERC’s channel partners and affiliate service providers have no obligation to provide any maintenance or customer support related to the Product. ERC also reserves the right to change the Rules of Conduct set forth in Section 1 to impose restrictions on the use of the Product.
9.1 Export Restrictions. The Product is subject to all applicable export restrictions. You must comply with all export and import laws, restrictions and regulations of any agency or authority of the United States and elsewhere with respect to the Product and your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by, a national or resident of any country to which the United States has an embargo on goods, or anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You hereby represent and warrant that you are not located in, under the control of, or a national or resident of any of those countries or on any of the aforementioned lists.
9.2 Indivisibility. If any court or competent authority finds any provision of this EULA to be invalid, illegal or unenforceable, that provision or part thereof shall, to the extent required, be deemed severed, and the validity and enforceability of the remaining provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable or legal if part of it were deleted, the provision shall apply with minimal modification to the extent necessary to make it legal, valid and enforceable, reflecting ERC’s original intentions.
9.3 No waiver. No failure or delay by ERC (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict further exercise of that or any other right or remedy. No exercise, in whole or in part, of any such right or remedy shall preclude or restrict the further exercise of such or any other right or remedy. The waiver of any right or remedy may only take place after a written statement to that effect has been signed by ERC or by the User.
9.4 Law and jurisdiction. To the fullest extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with this EULA or the subject matter or formation thereof (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands. You irrevocably agree that the Court of Amsterdam shall have exclusive jurisdiction to settle any dispute or claim arising out of or relating to the EULA or the subject matter or formation thereof (including non-contractual disputes or claims).
For questions regarding this EULA please contact ERC at the following address: firstname.lastname@example.org
THIS AUDITORIUM APPLIES ONLY TO THE EXTENT PERMITTED BY LAW.