IAAO Electronic End-User License Agreement

IAAO Electronic End-User Agreement Webinar Recording license agreement and warranty disclaimer. 1. TERMS OF USE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING ANY CONTENT FROM THIS SITE This End-User License Agreement ("EULA") is a legal agreement between the PURCHASER (either an individual person or a single legal entity, who will be referred to in this EULA as "PURCHASER" and International Association of Assessing Officers (“IAAO”). The products that accompany this EULA, including any associated media, printed materials and electronic documentation will be referred to as the "E-PRODUCT." The E-PRODUCT content provided on this site is the copyright protected work of IAAO. In the event the PURCHASER downloads any content from this site, such content is licensed to the PURCHASER by IAAO. IAAO does not transfer title of the content to you. The E-PRODUCT also includes any updates, add-on components, Web services and/or supplements that IAAO may provide to the PURCHASER or make available to the PURCHASER after the date PURCHASER obtains the initial copy of the E-PRODUCT to the extent that such items are not accompanied by a separate license agreement or terms of use. By clicking the “Agree” button or copying, downloading, accessing or otherwise using the E-PRODUCT, PURCHASER agree to be bound by the terms of this EULA. If PURCHASER does not agree to the terms of this EULA, click the “Back” button, and do not access or use the E-PRODUCT. 2. GRANT OF LICENSE IAAO grants the PURCHASER a non-exclusive, non-transferable license to use one copy of the E-PRODUCT on single standalone computers under PURCHASER control. PURCHASER may print paper copies of the E-product to an output device such as a printer. PURCHASER may not reproduce E-PRODUCT files onto CD-ROM, CD-R, Zip Disk, flash drive or any other portable storage medium for the purpose of distributing the E-PRODUCT to third parties. PURCHASER may make one copy of the E-PRODUCT for backup purposes. The same copyright and proprietary notices of the original E-PRODUCT must appear on all copies. PURCHASER may not remove these notices from the original E-PRODUCT, copies of the E-PRODUCT, or printed copies of the E-PRODUCT. If the E-PRODUCT contains documentation that is provided only in electronic form, PURCHASER may print copies of such electronic documentation. 3. DISTRIBUTION The PURCHASER is hereby granted permission to distribute one copy of the E-PRODUCT within a single office setting in its unmodified form via any electronic means. The PURCHASER is expressly prohibited from charging, or requesting donations, for any such copies, however made; from distributing the E-PRODUCT with other products or as a part of any package or publication or in support of any service, commercial or otherwise, without prior written permission and agreement from IAAO. The E-PRODUCT must not be distributed to support any profit-generating activity. The E-PRODUCT must be distributed together as a whole without any modifications. No files or contents may be added to or removed from the E-PRODUCT in the course of distribution. No individual parts or components of the E-PRODUCT may be distributed. PURCHASER may not remove or modify the copyright and proprietary notices or labels from the E-PRODUCT. 4. LIMITATIONS PURCHASER may not disassemble, modify, edit, reverse-engineer, adapt, decompile, translate or create derivative works based upon the E-PRODUCT or any part thereof. Except as expressly permitted in this Agreement, PURCHASER may not separate any parts of the E-PRODUCT for use on more than the licensed number of computers. PURCHASER may not create obscene, scandalous or infringing works, as defined by any applicable federal, state or local law, using the E-PRODUCT. This Agreement does not automatically grant PURCHASER any right to any enhancements or updates to the E-PRODUCT. 5. COPYRIGHT All title and intellectual property rights in and to the E-PRODUCT are owned by IAAO. The E-PRODUCT is protected by the copyright laws of the United States and international copyright treaties. All title and intellectual property rights in and to the content accessed through the E-PRODUCT, including any sample content contained in the E-PRODUCT, is the property of the applicable content owner and may be protected by applicable copyright or other laws. THIS LICENSE DOES NOT GIVE PURCHASER ANY RIGHTS TO SUCH CONTENT AND IAAO SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF ANY SUCH CONTENT. 6. DISCLAIMER OF WARRANTIES IAAO warrants that the E-PRODUCT will perform substantially in accordance with published IAAO specifications for the E-PRODUCT for a period of ninety (90) days from the date PURCHASER acquires the E-PRODUCT. Your exclusive remedy, and IAAO`s entire liability, for any breach of this limited warranty shall be, in IAAO’s sole discretion, to replace the E-PRODUCT with a functionally equivalent E-PRODUCT or refund the fees paid by PURCHASER for the E-PRODUCT, upon return of the nonconforming E-PRODUCT. Any replacement E-PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. IAAO makes no other warranty, express, implied or statutory, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to purchaser and purchaser may have other legal rights that vary by jurisdiction. No IAAO agent or employee is authorized to make any modifications, extensions, or additions to this warranty except the Executive Director of IAAO. The foregoing warranty shall not apply to any nonconformity caused by any modifications made to the E-PRODUCT by the PURCHASER; by accident, abuse or improper use; or by PURCHASER violation of the terms of this EULA. IAAO does not warrant that your requirements will be met with the E-PRODUCT or that the E-PRODUCT’S operation will be error-free or uninterrupted or that defects will be corrected. IAAO shall always reserve its rights and discretion to correct any defects as it sees fit and to make available further releases and upgrades as and when it deems necessary. 7. LIMITATION OF LIABILITY Under no circumstances and under no legal theory, tort, contract, or otherwise, shall IAAO or its suppliers or resellers be liable to PURCHASER or any other person for any indirect, special, incidental, exemplary or consequential damages of any character, even if IAAO shall have been informed of the possibility of such damages. In no event shall IAAO`S total liability, whether in tort, contract or otherwise, arising out of or relating to this EULA or the E-PRODUCT exceed the amount paid by purchaser for the E-PRODUCT. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. 8. U.S. EXPORT ISSUES: No content from this site may be downloaded or otherwise exported or re-exported (I) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (II) to anyone on the U.S. Treasury department's list of specially designated nationals or the U.S. Commerce Department's table of deny orders. 9. COLLECTION OF PURCHASER INFORMATION PURCHASER acknowledges that PURCHASER is aware of and consents to the collection of personal data necessary to process a purchasing transaction for the E-PRODUCT. 10. TERMINATION PURCHASER’S license to use the E-PRODUCT is terminated if PURCHASER violates this EULA. Upon termination, PURCHASER must destroy all copies of the E-PRODUCT and related documentation. 11. GOVERNING LAW AND GENERAL PROVISIONS This EULA is the exclusive agreement between the PURCHASER and IAAO concerning the E-PRODUCT and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between the PURCHASER and IAAO with respect to the E-PRODUCT. You further agree that in case of dispute the agreement shall be contested and resolved in accordance with the laws of the State within which IAAO is incorporated. If any part of this EULA is found to be void, unenforceable or invalid, it shall not affect the other provisions of this EULA. This EULA can only be modified by a paper in writing signed by both parties. Failure by either party to enforce any provision of this EULA will not be deemed a waiver of future enforcement of that or any other provision. For further information regarding the E-PRODUCT or this EULA, contact IAAO at 816/701-8100.