These CybersecureTM Service Terms and Conditions (“Terms”) set forth the basis upon which CompTIA Learning, LLC (“CompTIA”) will provide access to the CybersecureTM training modules (collectively, “Training”). For the purpose these Terms, "you" means the user of the Training (if purchased on an individual basis); or the company purchasing licenses on behalf of its employees. In the event a license to the Training is purchased by a company on behalf of its employees, the person agreeing to these terms and conditions represents that they are authorized to bind the company and that such company is liable for the acts and omissions of all of its employees.
BY RESPONDING "I AGREE" TO THESE TERMS WHERE YOU PURCHASED OR ARE ACCESSING THE TRAINING, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND UNDERSTAND THAT IT CREATES A BINDING CONTRACT BETWEEN YOU AND COMPTIA.
1. CompTIA grants you a non-exclusive, non-transferable license, without the right to sublicense, to use the Training and accompanying documentation in accordance with the following terms and conditions. The Training shall be used for internal training purposes only, and except as expressly stated in these Terms, you will not have the right to exchange the Training for any other training offered by CompTIA through the term of your license.
If the Training is licensed by a company on behalf of its employees, you shall ensure that only employees expressly licensed shall access the Training. Each seat license may only be used by one end user. End users may not share seat licenses and the Training may not be broadcast to multiple end users by any means. Once a seat license has been assigned to an end user, it can only be reassigned if such end user did not start the Training. You shall maintain records of all use and copying of the Training and assignment of all login identifications used to access the Training. CompTIA shall have the right to examine such records and to audit your access to verify compliance with these Terms.
If you are a company purchasing the Training for your employees or other individuals, you are responsible for administering the Training, assigning end user license seats and assisting end users with administrative questions. Support is available to organizational representatives only. End users should contact their company contact for end user support. Support tutorials are available on the Training website. If you need technical support from CompTIA, e-mail support is available during CompTIA’s normal business hours, Monday through Friday. Technical support questions will be responded to in the order they are received. Sales support is also available by email during business hours and through the Training website.
The computer software, artwork, content and other components included in the Training are the copyrighted property of CompTIA and its licensors. CompTIA and/or its licensors own all copyright, trade secret, patent and other proprietary rights in the Training. you may not: (1) copy (other than once for back-up purposes), distribute, rent, loan, lease or sublicense all or any portion of the Training; (2) modify, translate, distribute or prepare derivative works of the Training or the accompanying documentation; (3) reverse engineer, decompile or disassemble the Training or the accompanying documentation; or (4) remove any proprietary notices, labels, or marks on the Training and accompanying documentation.
THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE TRAINING, ACCOMPANYING DOCUMENTATION AND ANY COPY MADE BY YOU REMAIN WITH COMPTIA OR ITS LICENSORS, AS THE CASE MAY BE.
2. You may purchase licenses to the Training by credit card, check, wire transfer or purchase order (if approved by CompTIA, in its discretion).
If you purchase by credit card, all purchased seat licenses will be available for use immediately. If purchasing by check or wire transfer, CompTIA will issue an invoice and such invoice must be paid within 30 days. Seat licenses will not be released for use until payment is received by CompTIA. Purchases by Purchase Order (“PO”) will only be considered for purchases of 100 seat licenses or more and are subject to approval by CompTIA. If approved, seat licenses will be made available upon express written acceptance of the PO by CompTIA. If you fail to pay any invoice when due, all seat licenses may be suspended by CompTIA until full payment is received and you will incur a 1.5% late fee per month or the maximum allowable interest rate, whichever is less. Returned checks will incur a $35 fee.
THERE WILL BE NO REFUNDS ISSUED FOR ANY SEAT LICENSES THAT HAVE BEEN ASSIGNED OR USED IN ANY PART. If you desire to return seat licenses for Training that has not been assigned to any end user or used in any part, you may request a refund from CompTIA by contacting CompTIA directly and requesting a refund. Refund requests will only be considered for purchases made within the 90 days immediately preceding the refund request date. If you received any volume discounts and such volume requirement is no longer met after the return is made, any refund of payment will be reduced by the increased cost of each seat license used. Refunds will provided in the manner of payment except that refunds of wire transferred funds will be made by check.
3. Your purchase confirmation documentation may list an expiration date for the seat licenses purchased. If no expiration is listed, the seat licenses will expire 1 year from the date of purchase. Each party may only cancel these Terms (a) by giving written notice if a material breach remains uncured thirty (30) days after the breaching party receives written notice from the other party. In the event that CompTIA terminates a license based on the foregoing sentence, CompTIA reserves all rights and remedies at law, including collection of all committed seat license fees, whether due and payable now or in the future.
4. The license fees due for the Training do not include taxes. you shall be responsible for payment of all applicable taxes, however designated or incurred, in connection with this agreement, including without limitation, state and local excise, sales, withholding and use taxes and any other applicable governmental assessments. If you fail to pay the applicable tax, then CompTIA may pay such tax on your behalf and seek reimbursement from you.
5. The Training contains confidential and trade secret information belonging to COMPTIA, and you may use the Training only pursuant to the license set forth in these Terms. In addition, you may not disclose the Training or your pricing terms to any third party.
6. You expressly acknowledge and agree that use of the Training is at your sole risk. The Training and any related documentation or materials are provided "AS IS" and without warranty of any kind. COMPTIA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPTIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TRAINING WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE TRAINING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TRAINING WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE TRAINING AND YOU (AND NOT COMPTIA) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL COMPTIA, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE POSSESSION, USE, OR MALFUNCTION OF THE TRAINING, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF COMPTIA OR A COMPTIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIABILITY OF COMPTIA ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE USE OF THE TRAINING.
8. If the Training is acquired under agreement with the U.S. government or any contractor therewith, it is acquired as "commercial computer software" subject to the provisions hereof, as specified in 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or sections succeeding thereto.
9. These Terms and your use of the Training is governed by the laws of the state of Illinois, without reference to its conflict of laws provisions. All parties to these Terms submit to the exclusive venue of the courts sitting in the county of Cook, Illinois. You agree that you will be responsible to compensate CompTIA for all costs and attorney fees that CompTIA may incur in enforcing these Terms against you.
10. You will comply with all applicable international, federal, state and local laws and regulations in use of the Training hereunder, including, without limitation, all US export regulations. You may not assign this Agreement in whole or in part, without the advanced written consent of CompTIA.
11. The failure or delay by either party in exercising any right or remedy hereunder shall not operate as a waiver of such right, power or remedy. Waiver by either party of any default shall not waive any prior, concurrent or subsequent defaults by the other party.
12. This agreement (including the email containing the link to this agreement), constitutes the entire understanding and agreement between the parties and supersedes all prior and contemporaneous proposals, agreements and representations between them, whether written or oral. This Agreement may only be amended in writing signed by you and an officer of CompTIA that explicitly states that it is intended to amend this agreement. No terms contained in any of your purchase orders, acknowledgements or other forms or documents shall have any force or effect over the licenses granted here or the other terms set forth in these Terms. If any provision of this license is not enforceable, it will be severed from this license and the remainder will remain in full force and effect.