End User Licensing Agreement

End User Licensing Agreement

*** Logical Performance, Inc. and its agents and representatives do not render any legal or professional advice.  This LMS platform, and any accompanying materials, should not be used as a substitute for professional services.  If legal or professional advice is needed, please consult with your attorney or professional advisor. ***

EULA stands for End User Licensing Agreement. This is the agreement through which the software is licensed to the software user.

END-USER LICENSE AGREEMENT FOR THE LMS - IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM ACCESS: Logical Performance’s End-User License Agreement ("EULA") is a legal agreement between you and your company for the LMS software product identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By accessing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this agreement. This license agreement represents the entire agreement concerning the program between you and Logical Performance, Inc., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this agreement, do not access or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

The SOFTWARE PRODUCT (LMS) is licensed as follows:
Access and Use. Logical Performance, Inc. grants you the right to login and access the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows XP, Windows Vista, Windows 7] and a valid Internet Browser [e.g., Internet Explorer or FireFox].

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

1. You must use a valid e-mail address and create a username during the registration process.
2. If you are less than 18 years old, you may not use the LMS without written parental consent. By registering for LMS access, you are indicating that you have the capacity to understand this entire agreement. Logical Performance will not be held liable for any loss or damage for non-compliance.
3. Distribution. You may not distribute your access credentials [e.g. username and password] of the SOFTWARE PRODUCT to third parties. Logical Performance, Inc. provides a preview license.
4. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. Your license is YOUR license only.
6. Support Services. Logical Performance, Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this agreement.
7. Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

3. TERMS OF USE

Once any and/or all courses are licensed, you are authorized to access it via the SOFTWARE PRODUCT for a period of one-three years (the 'License Term') and use it to train up to 100 employees (or the number that has been licensed if greater) on the subject matter(s) contained within the courses. You may not re-sell or distribute the LMS or ANY course in any other way to any third party.

The authorization to access the LMS includes the specific rights to:

1. View preview or licensed courses(s).
2. Track progress within the LMS interface (if license agreement is in place).
3. Download your company data – course transcripts throughout your license term.

Your right to use the LMS and any Courses shall cease on the expiration of the License Term. Any data stored by the LMS (employee information and course transcripts) will be completely deleted from the LMS within 30 days after the license expires.

Logical Performance, Inc. shall retain ownership of all software code contained within the SOFTWARE PRODUCT. Following the expiration of the License Term or the termination of the license granted herein, you shall have no rights to use, reproduce and/or distribute anything related to the SOFTWARE PRODUCT. By accepting this license, you acknowledge that any noncompliance will result in the termination of the authorized use(s) granted above.

3. TERMINATION

Without prejudice to any other rights, Logical Performance, Inc. may terminate this agreement if you fail to comply with the terms and conditions of this agreement.

4. COPYRIGHT

All courses in and to the SOFTWARE PRODUCT and any copies thereof are owned by Logical Performance, Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and is protected by applicable copyright or other intellectual property laws and treaties. This agreement grants you no rights to use such content. All rights not expressly granted are reserved by Logical Performance, Inc.

5. DISCLAIMER OF WARRANTY

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. THE PROGRAM TITLE(S)/COURSE(S) ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE DISCLAIMED. THE ENTIRE RISK ARISING OUT OF THE USE OF THE LICENSED PROGRAM TITLE(S) REMAINS WITH CLIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOGICAL PERFORMANCE OR ANY OTHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS LICENSE OR THE USE OF OR INABILITY TO USE THE LICENSED PROGRAM TITLE(S)/COURSE(S). THE ENTIRE LIABILITY OF LOGICAL PERFORMANCE OR ANY OTHER PARTY WITH RESPECT TO THIS LICENSE OR THE USE OF OR INABILITY TO USE THE LICENSED PROGRAM TITLE(S)/COURSE(S) SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY CLIENT FOR THE LICENSED PROGRAM TITLE(S)/COURSE(S).