BEFORE YOU DOWNLOAD OR USE OSSIDIAN COURSEWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE. BY DOWNLOADING OR USING THE COURSEWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING THE LICENSEE TO THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD OR USE THE COURSEWARE.

When you download or use Ossidian courseware Ossidian Technologies Limited (the "Licensor") grants you (the "Licensee") a non-exclusive, non-transferable License for the accompanying software product including electronic documentation, and associated material (the "Courseware"). The License is effective for twelve (12) months or for such other period as agreed by contract. You agree to cease using the Ossidian products upon expiry of your License.

As an Individual Licensee, the License permits you to "Use" (as hereinafter defined) the Courseware on a single computer system (the "System") for single use only upon the terms and subject to the conditions contained herein. The Courseware may NOT be transferred electronically from one computer to another nor used over a network.

As a Corporate Licensee you are permitted to "Use" (as hereinafter defined) the Courseware. In this event the Licensee agrees not to allow access to the Courseware by more than the maximum number of users licensed, that all users are employees of the Licensee, that the users are located in the countries specified in the Letter of Sale and that only authorized users will have access to the Courseware. The Licensee further agrees to indemnify and keep indemnified the Licensor from use of the courseware outside of the authorized users.

1. In this License "Use" shall mean and include utilization of the Courseware by copying, transmitting or loading the same into the permanent memory (e.g. hard disk, CD-ROM or other storage device) of the System for the processing of the System instructions or statements contained in such Courseware; and copying the Courseware which is in machine-readable form for Use by the Licensee on the System for the purposes only of understanding the contents of such machine-readable material.
2. The Courseware is NOT free or shareware. The License Fee is payable by Individual Licensees by credit card over the internet and by Corporate Licensees by credit card over the internet or as agreed with the Licensor. This fee is subject to change and does not include access to on line tutor, on-line customer support and student activity management feedback for which the Licensor may levy an additional fee.
3. Upon accepting this License you undertake:
   
   
   1. not to copy the Courseware (other than for normal operation and as specified in Clause 1 above) nor (subject to applicable law rights) to disassemble, decompile or reverse engineer the Courseware;
   2. not to translate, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works from the Courseware;
   3. to maintain accurate and up-to-date records of the number and location of all copies of the Courseware;
   4. to supervise and control Use of the Courseware in accordance with the terms of this License;
   5. to ensure that your employees, agents and other parties who will use the Courseware are notified of this License and the terms hereof prior to such employee, agent or party using the same;
   6. to reproduce and include the copyright notice of the Licensor as it appears in or on the Courseware on all copies;
   7. not to provide or otherwise make available the Courseware to any person other than your employees or as specified herein without prior written consent from the Licensor;
   8. not to display the Courseware on a public bulletin board, ftp site, worldwide web site, chat room or by any other unauthorized means;
   9. not to use the Courseware for immoral, illegal or for any other purpose which may be determined threatening, abusive or harmful including but not limited to the creation or transmission of any virus, worms, trojan horse, cancelbot or any other destructive or contaminating program;
   10. within 14 days after the date of termination or discontinuance of this License for whatever reason, to destroy the Courseware and all upgrades or copies; and
   11. Users in the United States of America undertake that the Courseware will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Administration Act or any other export laws, restrictions or regulations.
       
       
4. This License may not be assigned, sublicensed or otherwise transferred by the Licensee, by operation of law or otherwise, without the Licensor's prior written consent, provided that the Licensee may assign this License upon written notice to the Licensor in instances in which such assignment is to an entity which acquires all or substantially all of the business of the Licensee, whether by merger, consolidation, or acquisition of assets.
5. No delay or failure to take action under this License will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of the Licensor, and no single waiver will constitute a continuing or subsequent waiver.
6. You may terminate this License at any time by destroying the Courseware, documentation and all copies. No License Fee is refundable. The Licensor may terminate this License at any time if you are found in breach of any of these terms. If you are notified of such termination, you must comply with the provisions of Clause 3(j) above.
7. 1. THE COURSEWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE COURSEWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED AND THE LICENSEE IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS. Exclusion of warranties may not be valid in certain jurisdictions, however, the only applicable laws under which this License may be construed are specified in clause 11 below.
   2. The Licensor may create new versions of the Courseware ("upgrades") which may correct such errors and although the Licensor has no obligation to notify existing licensees of such upgrades, the same will be made available at the same internet site as the Licensee downloaded the Courseware accompanying this License, at such cost as shall be indicated. The Licensor lists various available modules and education materials in various catalogues which it publishes from time to time. The Licensor reserves the right to add or withdraw modules and education material at any time and without notice.
   3. THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE COURSEWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW.
   4. NOTWITHSTANDING THE GENERALITY OF (c) ABOVE, THE LICENSOR EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE COURSEWARE HOWSOEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   5. IN THE EVENT THE LICENSOR INCURS ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS LIMITED TO THE LICENSE FEE PAID BY THE LICENSEE FOR THE COURSEWARE (EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM THE LICENSOR'S NEGLIGENCE).
      
      
8. All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Courseware (including but not limited to all images, animations, audio and other identifiable material relating to the Courseware) are and remain the sole property of the Licensor.
9. U.S. GOVERNMENT RESTRICTED RIGHTS.
   The COURSEWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in sub-paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Courseware clause DFARS 252.227-7013 or sub-paragraph (c)(1) and (2) of the Commercial Computer Courseware Restricted Rights at CFR 52.227-19, as applicable.
10. If a third party claims that the Courseware infringes that party's patent or copyright, the Licensor will defend you against that claim and pay all costs, damages and legal fees that a court finally awards, provided that you:
    1. promptly notify the Licensor in writing of the claim
    2. cooperate fully with the Licensor and allow it to control the defence and any related settlement reached.

    If such a claim is made or appears likely to be made, you agree to permit the Licensor to enable you to continue using the Courseware or to modify or replace it. If the Licensor determines that none of these alternatives is reasonably available, you agree to return the Courseware to the Licensor on receipt of a written request to do so, following which you will be given an appropriate credit.

11. The parties hereby agree that this License shall be governed by and construed in accordance with the European Commission's Directives and WIPO Treaties on Computer Programs, Copyright and Intellectual Property Rights and in terms of the enforceability of this License, this License shall be deemed "in writing" and "accepted" by both parties. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
12. This License constitutes the entire agreement between the parties with respect to the use of the Courseware and its documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any additional or different terms or conditions proposed by Licensee or contained in any purchase order are hereby rejected and shall be of no force and effect unless expressly agreed to in writing by the Licensor. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of the Licensor.