END USER LICENSE AGREEMENT
This copy of HRETA's Workplace Readiness Courses ("The Workplace Ready Courses") and accompanying documentation is licensed and not sold. The Workplace Ready Courses are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Hampton Roads Educational Telecommunications Association or its subsidiaries, affiliates, and suppliers (collectively "HRETA") own intellectual property rights in The Workplace Ready Courses. The Licensee's ("you" or "your") license to download, use, copy, or change The Workplace Ready Courses is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE WORKPLACE READY COURSES OR BY INSTALLING, USING, OR COPYING THE WORKPLACE READY COURSES. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE WORKPLACE READY COURSES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE WORKPLACE READY COURSES.
This Agreement entitles you to download, install and use The Workplace Ready Courses. In addition, you may make an archival copy of The Workplace Ready Courses. The archival copy may only be used for the reinstallation of The Workplace Ready Courses and under no circumstances for redistribution to any third party. For further information regarding multiple copy licensing of The Workplace Ready Courses, please contact:
Ms. Barbara Hamm Lee
5200 Hampton Boulevard
Norfolk, Virginia 23508
Restrictions on Transfer
Without first obtaining the express written consent of HRETA, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to The Workplace Ready Courses in whole or in part.
Restrictions on Use
The Workplace Ready Courses are intended for use by a) organizations, including but not limited to, schools, post-secondary institutions, workforce and social service agencies, employers public media organizations and/or b) individuals seeking training for entry into the workforce or certification of workplace readiness skills. You may elect to download and use either 1) a common cartridge blended learning version of The Workplace Ready Courses intended for use in a Learning Management System (LMS) or 2) a self-paced version embedded in the open source Moodle Learning Management System. If you elect to license the use of the Moodle version you are responsible for obtaining a license to the Moodle LMS from Moodle.org.
To the extent practicable, you agree to obtain and maintain for a period of three years following initial use, demographic data about any end users who receive instruction utilizing The Workplace Ready Courses whether in whole or in part. Such data shall include at minimum: the age, gender and educational level of the user, their current employment status and, optionally, additional information as may be permitted by law. Under no circumstances are you to transmit identifying information about users to HRETA or any other data which might violate users' rights to privacy. You agree to provide HRETA with a report as to the number of users and their demographic data at least annually. Such reports shall be sent to the Workplace Readiness Coordinator at HRETA, C/O WHRO, 5200 Hampton Boulevard, Norfolk, VA 23508.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for The Workplace Ready Courses.
No ownership or copyright in The Workplace Ready Courses shall pass to you by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, HRETA grants you no right or license, express or implied, to the licensed material.
Restrictions on Alteration
You may modify The Workplace Ready Courses or create a derivative work of The Workplace Ready Courses or its accompanying documentation subject to the following restrictions:
- Derivative works are subject to the same limitations on use as the original work.
- Derivative works may not be sold, licensed or copied under any circumstances and are permitted solely for your own use or use in blended learning instruction.
- Derivative works may be used and shared within an organization for instructional purposes but may not be provided on any terms to any other organization or individual without HRETA's express prior written permission.
Unauthorized Use and Termination
Any use of The Workplace Ready Courses in a manner not expressly authorized by this Agreement constitutes copyright infringement, entitling HRETA to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. HRETA reserves the right to terminate this Agreement in the event you: (i) enter the Agreement after having received notice of unauthorized use from HRETA relating to The Workplace Ready Courses; (ii) provide inaccurate information regarding the proposed use of The Workplace Ready Courses at the time of entering the Agreement (iii) otherwise breach the terms of this Agreement. Upon termination, you must immediately (I) stop using The Workplace Ready Courses; and (II) destroy or, upon the request of HRETA, return to HRETA all copies of The Workplace Ready Courses.
Audit/Certificate of Compliance
Upon reasonable notice, you shall provide HRETA access to any restricted access website or platform where The Workplace Ready Courses are reproduced. In addition, upon reasonable notice, HRETA may, at its discretion, either through its own employees or through a third party, audit your records directly related to this Agreement and use of The Workplace Ready Courses in order to verify compliance with the terms of this Agreement. Where HRETA reasonably believes that The Workplace Ready Courses are being used outside of the scope of the license granted under this Agreement, you shall, at HRETA's request, provide a certificate of compliance signed by you or an officer of your organization, in a form to be approved by HRETA.
You must retain the copyright symbol, the name of HRETA and any other information as may be embedded in the electronic file containing the original Workplace Readiness Courses. You shall maintain a robust firewall and take such other measures as may be required to safeguard against unauthorized third-party access to The Workplace Ready Courses.
Upon notice from HRETA, or upon your knowledge, that any of The Workplace Ready Courses may be subject to a claim of infringement of another's right for which HRETA may be liable, HRETA may require you to immediately and at your own expense: (i) stop using The Workplace Ready Courses; (ii) delete or remove The Workplace Ready Courses from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your authorized users do likewise.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY HRETA, HRETA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN ANY LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE WORKPLACE READY COURSES.
HRETA makes no warranty that The Workplace Ready Courses will meet your requirements or operate under your specific conditions of use. HRETA makes no warranty that operation of The Workplace Ready Courses will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE WORKPLACE READY COURSES SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE WORKPLACE READY COURSES TO MEET YOUR REQUIREMENTS. HRETA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL HRETA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE WORKPLACE READY COURSES, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF HRETA OR ANY OTHER PARTY, EVEN IF HRETA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS HRETA'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of The Workplace Ready Courses. Selection of whether to correct or replace shall be solely at the discretion of HRETA. HRETA reserves the right to substitute a functionally equivalent copy of The Workplace Ready Courses as a replacement.
All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by HRETA to have been caused by you. All limited warranties on The Workplace Ready Courses are granted only to you and are non-transferable. You agree to indemnify and hold HRETA harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to Virginia's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.