Ecommerce License Agreement

Definitions:

The User: An individual who will be making use of products and content provided by Everware-CBDI Inc.

The Student: An individual who will be using the eLearning modules or will be certified

The Purchaser: An individual who has made the financial transaction or placed a purchase order to purchase the eLearning modules or certification

The Purchaser may be a different individual to the Student or User. However, in this case only the Student or User will have access to the purchased Products.

The Licensee: The User or Student who will be using Everware-CBDI products or content.

Welcome to Everware-CBDI.com. Everware-CBDI, Inc and its subsidiaries (inclusively “Everware-CBDI”) provide eCommerce facilities to you (the Licensee) subject to the following conditions. If you or a Purchaser on your behalf purchase online from Everware-CBDI you accept these conditions and agree to be bound by them.

This agreement is a License Agreement for the following Everware-CBDI products (Products) which are only available from Everware-CBDI:

  • The CBDI Journal
  • CBDI Journal Reports
  • The CBDI-SAETM UML Profile for SOA (Hosted)
  • The CBDI-SAETM Knowledgebase (Hosted)
  • CBDI-SAETM eLearning 
  • CBDI-SAETM Certification
  • CBDI-SAETM Practice Kits

Ownership

The Products are owned by Everware-CBDI or one of its suppliers and are copyrighted and licensed, not sold.  This License Agreement is governed by English law.

License

This License is for use by single individuals in end user and service provider enterprises including commercial and government organizations.

The License may be purchased by one individual, the Purchaser, on behalf of another individual or individuals, the User(s) or Student(s) for their use.

For individuals employed by commercial service provider organizations, Everware-CBDI reserves the right to restrict Knowledgebase purchases via ecommerce to those employing less than 10 persons.

This License is restricted to named individuals, you the User or Student. The Products may be accessed and/or used only by the User or Student. Sharing of Log-in details is not permitted. The License is not transferrable.

You agree to take all reasonable actions to protect, assert, and defend Everware-CBDI’s ownership rights in the Products.

Everware-CBDI grants you the Licensee access to the Products for your internal business needs or personal benefit only.  For hosted Products all updates during the period will be made available to you.

If you fail to comply with the terms of this agreement Everware-CBDI may terminate your access to the Products.  If Everware-CBDI does so, all your rights to the Products are terminated.

Permitted Uses

With the exception of eLearning materials, you may prepare derivative works of the Products (Derivative Works) for the purposes of your own organization The portion(s) of the Products becoming part of the Derivative Works will continue to be subject to the terms and conditions of this Agreement and you must acknowledge the proprietary rights of Everware-CBDI and its licensors of the materials using the following copyright attribution notice: "Portions of this document include intellectual property of Everware-CBDI and its licensor(s) and are used herein under license. Copyright © Everware-CBDI 2006-2013. All rights reserved."

If you are a consultant either self-employed or employed by a small organization as defined above you may apply to Everware-CBDI for permission to use Derivative Works for the benefit of your customer(s) which will not be unreasonably withheld.

Uses Not Permitted

You may not sell, copy, re-host, transfer, distribute, rent, lease, sublicense, lend, assign, or time-share the Products or any materials taken from the Products for either internal or external use. You must not allow third party access to the Products.  You must not repackage or resell the Products content, in whole or in part, except as part of Derivative Works as expressly permitted by Everware-CBDI.  You must not remove or obscure any patent, copyright, trademark, or proprietary rights notices contained in or affixed to the Products. 

You must not copy, reuse or distribute in whole or part eLearning Modules delivered as part of the Products.

Support and Enhancements 

Everware-CBDI provides all Licensees with enhancements, improvements, and updates to the hosted Products. Everware-CBDI will attempt to correct any material errors or malfunctions or other nonconformities in the hosted Products. Access to our support service will be via e-mail.

Term

The duration of this agreement is defined in each product description. The terms and conditions of the agreement apply indefinitely.

For eLearning products Everware-CBDI reserves the right to terminate availability of a module or syllabus with 6 months notice.

Warranty

The Products are provided in good faith and all reasonable efforts have been made to ensure the quality and integrity of the information in it. The Products are provided on an ‘as is’ basis with no warranty provided to the fullest extent permitted by law. It is Licensee’s responsibility to ensure that the Product(s) selected are relevant to the intended use.

Limitation of Liability

Everware-CBDI will not be liable for any special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if Everware-CBDI, or the party from whom Licensee acquired the Products has been advised of the possibility of such damages.  Everware-CBDI will not be liable for i) loss of, or damage to, Licensee records or data or ii) any damages claimed by Licensee based on any third party claim.  In no event shall Everware-CBDI's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee’s claim is based on contract, tort, strict liability, product liability or otherwise.

Notices

All notices required or permitted under this Agreement shall be in writing and addressed to: 

Everware-CBDI International Ltd.

P O Box 7867

Crowthorne. Berks. RG45 6WD

UNITED KINGDOM

Phone:  +353 28 38073

Fax:     +353 163 35289