Mobus eCourse License Agreement
28 November 2018
IMPORTANT — PLEASE READ THIS COURSE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. BY PURCHASING AND ACCESSING A COURSE, YOU HAVE ACKNOWLEDGED AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
In consideration of the subscription fee paid by you or by an institution on your behalf, Mobus Creative Negotiating, LLC (hereinafter referred to as "Mobus") grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable license and right to use the Licensed Content embodied by the Course.
Unless otherwise noted, all materials used to create this course, including, but not limited to all text, editorial content, images, graphics, logos, illustrations, photographs, video, audio, and other materials, as well as the designs, icons, layout, and all other graphical elements of the course and all copyrights, trademarks, service marks, tradenames, patents and other intellectual property rights in any of the foregoing (collectively, the "Course Materials") are the sole and exclusive property of Mobus, and are protected by U.S. laws and international treaties. By indicating that you accept these terms, you understand that you do not become the owner of these Course Materials, but are entitled to use them only in conjunction with this specific course.
You and/or your institution have obtained the right to use and access the Licensed Content for a specific limited period of time, i.e., the subscription period, which is two years (730 days) from the date of purchase. At the end of this period, your license and/or your institution's license and your associated rights will expire automatically, unless you or your institution has renewed its subscription. The Agreement and your license to use the Course Materials will also automatically terminate if you fail to comply with any term or condition in this Agreement. In the event this license is terminated, you must immediately destroy any copies you have made of the Course Materials and you will not be not entitled to a refund of any registration, license or other fee paid by you or Licensee to Mobus.
Permitted Uses and Prohibitions
Notwithstanding anything to the contrary stated in this Agreement, you are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any Mobus Course or the Course Materials or any copies thereof. You must not reverse engineer, decompile or disassemble or copy any Course or the Course Materials for use in any other electronic or printed format.
NEITHER MOBUS NOR ANY THIRD PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE COURSE AND THE COURSE MATERIALS MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MATERIALS, WHICH ARE LICENSED "AS IS". ALL WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE COURSE AND COURSE MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MOBUS OR ANY THIRD PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE COURSE AND COURSE MATERIALS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF MOBUS OR SUCH OTHER THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MOBUS OR SUCH OTHER THIRD PARTY’S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOUR INSTITUTION PAID FOR THE LICENSED COURSES.
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Mobus. Mobus’ waiver of any right shall not constitute a waiver of that or any other right in the future. This Agreement shall be governed by and construed in accordance with the laws and in the state and federal courts of the State of California, USA. Mobus makes no representation that this material is appropriate for users in other jurisdictions. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.
Should you have any questions regarding this Agreement, please contact us at:
Mobus Creative Negotiating
900 Masselin Avenue
Los Angeles, CA 90036