E-Learning Traliant Modules Terms of Use

End-User agrees and acknowledges that the online training programs licensed by ACA (the “Programs”) and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to Traliant, and that no proprietary rights are being transferred to End-User in such Programs or in any of the information contained therein. End-User agrees that misappropriation or misuse of such materials may cause serious damage to Traliant, and that in such event money damages may not constitute sufficient compensation to Traliant; consequently, End-User agrees that in the event of any misappropriation or misuse, Traliant shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which it may be entitled. End-User shall not (and shall not allow any third party to): (i) modify, translate or create “Derivative Works” (as defined at 17 U.S.C. § 101) of the Programs; (ii) reproduce or distribute the Programs; (iii) provide access to the Programs to any third party; (iv) allow the removal, alteration, covering or obscuring of any copyright notice or any other notice or mark that appears on the Programs, on any copies, or any media; or (v) reverse engineer or interfere with the operation of the Programs.

TRALIANT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF THE TRADE.

END-USER ACKNOWLEDGES AND AGREES THAT THE PROGRAMS ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND MAY NOT BE RELIED UPON AS LEGAL ADVICE AND THAT TRALIANT SHALL HAVE NO LIABILITY TO END-USER OR ANY OTHER PERSON RELATING TO OR RESULTING FROM THE USE OF THE PROGRAMS AND THE INFORMATION INCLUDED THEREIN, OR ANY ERRORS IN OR OMISSIONS THEREFROM. TRALIANT WILL NOT BE LIABLE IN RESPECT OF ANY DECISIONS MADE BY END-USER AS A RESULT OF THE PERFORMANCE BY TRALIANT OF ITS SERVICES HEREUNDER OR IN CONNECTION WITH SERVICES OFFERED.

IN NO EVENT SHALL (A) TRALIANT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED, EVEN IF TRALIANT WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) TRALIANT’S TOTAL LIABILITY FOR ANY LOSS ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER FOR THE PROGRAMS OR SERVICES GIVING RISE TO THE CLAIM.

End-User agrees that the foregoing terms of use shall survive any termination of its right of access to the materials identified above.