LEARNWORKS TERMS OF SERVICE

 

B1. Use of Services

a. Acceptable Use Policy.

The customer is the one who is responsible for the services on the website. Learnworks reserves the right at all times to delete or deactivate any users if the Customer or User is found to be violating the set of terms and conditions written on the next point.

b. Restrictions for Use

The user shall agree to not:

  1. Resell, sell, sublicense, lease, or to not transfer their rights to anyone in any way, shape, or form, any of the services provided by Learnworks.
  2. Modify, publish, copy, sell, redistribute, reverse engineer or extract any of the source code or data present in our Service except for those we authorized with the help of the law.
  3. Display or give any access to our services to an unauthorized person or unauthorized customer.
  4. Harvest any information from Learnworks services through processes such as crawling, scraping, web-bots, and other ways that Learnworks do not authorize.
  5. Post any data that violates the Intellectual Property Rights or privacy right of Learnworks that might create significant damage to the Service.
  6. Use Learnworks documents to create any service out of it, such as our training materials and software programs.
  7. Use our services in a way that can be harmful or threatening, such as doing unethical or illegal services (this includes hacking and violation of privacy)
  8. Use our services in any form or situation where its failure could pose serious harm to any person or damage to the environment.
  9. Disable any of our security measures to gain or achieve unauthorized access for any illegal activities.
  10. Use any software or device that might interfere with the correct operation or work of our services.
  11. Manipulate any of our identifiers to gain unauthorized access by using the true identity of the manipulator.
  12. Use our services to benchmark or compete by monitoring the availability of the Service or functionality of our website.
  13. Using our website or services to store or process any classified information.
  14. Grant any unauthorized access to unauthorized users to third-party apps to do any illegal activity.

c. Learnworks Use of Services. Learnworks may access or use the subscriptions at the customer’s request to provide any support action.

B2. Term; Termination; Expansions; and Expansions.

a. The term of the agreement. This agreement is immediately effective on the effective date and will end at the end of the subscription period upon completion of the order form and consulting services unless otherwise terminated as said below.

b. Termination: Any party or user will get terminated as an outcome of breaching by any other party. If:

  1. The non-breaching party will provide a notice to the other part of the breaching activity.
  2. The breaching activity is not cured and managed within 15 days of the receipt of the notice.

Upon the termination date, for the breach by the party of the customer, all of the unpaid bills and payment shall be due and payable immediately. Customers shall be entitled to pay a refund or any of their unused subscription fees as of the day of the customer’s termination.

c. Expansions and Add-Ons. The customer may extend or add any existing subscriptions that will be made the same day as the anniversary date of the current period, and the fees will be divided.

B5. Publicity.

 The parties shall never issue any public materials that refer to the other party, the subscribed services, or the agreement without the other party’s written consent or permit.

B6. Confidentiality.

a. Any of the information imparted by one party to another related to this agreement is marked confidential and shall be held and protected by the user or the recipient. The recipient shall only disclose the information written here only to their employees or business partners who are permitted with confidentiality obligations. Confidential information does not refer to the information that:

  1. has become part of the public through illegal acts or failure of the recipient.
  2. If it has been received from a third party, that is not under the confidentiality obligation.

b. The recipient agrees to protect the confidential information all the time and shall also preserve the confidentiality of their material with quality care. The recipient’s material can be disclosed by the recipient when required by law that the recipient also permits to do the disclosing activity.

c. On the disclosing party’s request, the recipient shall immediately return the copies of the information condition received from it. The recipient shall not also keep documents contained in that confidential information.

B7. Customer Data.

a. The customer is the one who owns all of the customer data and is the one who is responsible for the appropriateness and quality of their data. Learnworks has no obligation to see or review their data for accuracy. The customer permits Learnworks that the customer’s data by the data protection and laws will apply to the transfer of data to any of Learnworks affiliates and employees. This means that the customer will permit Learnworks to transfer his/her data to another. The User or Customer further warrants the following:

  1. The Customer is the one owning or controlling his/her data.
  2. The Customer will use, collect and transfer his/her data in compliance with the laws and regulations but not limited to the Data Protection Laws
  3. The Customer provides that information and has gained permission to any form of data processing concerning the Data Protection Laws

b. Learnworks is going to hold or handle Customer Data only following this form of agreement. Learnworks may remove or make some changes on Customer Data to comply with the law or comply with this agreement. Both of the party will perform appropriate measures to protect the customer’s private data and prevent any unauthorized activity from an unauthorized person gaining access to the Customer’s Data. The customer is the one responsible for verifying all of the authorized access. Therefore, Learnworks will not have any responsibility if the customer has permitted unauthorized access and that the customer is the one responsible for any form of privacy breach in his or her account and shall not refer to Learnworks in any form of public announcement about this matter.

c. As a result of this, the customer agrees that Learnworks is dependent on the customer for direction. Consequently, Learnworks, I, as a data processor, will not be responsible and liable for any claim brought by an authorized user that results from any action or omission by Learnworks, to the extent that the move resulted directly from the data customer’s instructions. The customer is solely the one who is responsible for any data leaking from any authorized user. The Customer or User at this moment agrees and acknowledges that neither the authorized customer nor authorized user:

  1. violates everything written in this agreement
  2. violates the rights of others or infringes the intellectual property rights of any other person
  3. has a malicious code or any virus that poses a danger to the devices of others
  4. is abusive, illegal, or an invasion of privacy

d. Learnworks holds the right without notice to monitor, flag, review, modify and filter any customer data that violates the agreement’s terms and conditions and other individuals’ rights. The customer shall also agree to remove immediately from the website any data requested by Learnworks Service that violates this agreement. If the customer or user fails to comply with this request of removal or modification, Learnworks shall take down or change such data to ensure that none of this harmful data can pose worse events.

e. Learnworks respects and values the intellectual property other rights of others and shall remove content from the Services that violates third-party copyrights or other intellectual property rights. Learnworks shall suspend the user ID of any customer or user who decided to use Learnworks Service that infringes the copyright law or intellectual property rights and can also block users’ access from the website.

f. The customer acknowledges that Learnworks has the right to use tools utilizing data such as extracting tools, capturing tools, and analysis tools to analyze customer’s data and information from his/her use of Service. Learnworks can collect these data from the customer to comply with the law, given that this data is only used in a mass form without specifying who the source of this statistical data is.

 

B9. Limited Warranties.

a. Services. Learnworks permits that the Services will conform to the documentation under everyday and legal use in compliance with this agreement. During the Subscription Period, as the customer’s sole remedy for failure to meet this limited warranty, Learnworks will use reasonable efforts to give Correction to any faulty material in the Learnworks software used to provide the services with by the support guidelines.

b. Consulting Services. Any Consulting Services warranty shall be mutually agreed upon.

c. Disclaimer. OMITTING THE WRITTEN WARRANTIES POINTED IN THIS SECTION, LEARNWORKS MAKES NO WARRANTIES. LEARNWORKS WILL DOES NOT WARRANT THE SERVICES WILL BE RELIABLE, ACCURATE, AND ERROR-FREE. LEARNWORKS ACCEPTS NO RESPONSIBILITY OR RELIABILITY FOR ANY HARM OR DAMAGE CAUSED BY APPLICATIONS OR DOWNLOADS.ALL THE INFORMATION DOWNLOADED OR RECEIVED THROUGH THE INTERNET CANNOT BE GUARANTEED TO BE SAFE AND REMAIN CONFIDENTIAL. LEARNWORKS DOES NOT ALSO GUARANTEE THE SECURITY AND PRIVACY OF that INFORMATION BEEN TRANSMITTED FROM THE INTERNET. LEARNWORKS SHAL

d. INFORMATION TRANSMITTED AND RECEIVED THROUGH THE INTERNET CANNOT BE EXPECTED TO REMAIN CONFIDENTIAL, AND SMART SOFTWARE DOES NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY, AND NON-CORRUPTION OF ANY INFORMATION SO TRANSMITTED, OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. SMART SOFTWARE SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENCES WHATSOEVER OF CUSTOMER’S CONNECTION TO OR USE OF THE INTERNET AND SMART SOFTWARE SHALL NOT BE RESPONSIBLE FOR ANY USE BY CUSTOMER OR ITS AUTHORIZED USERS OF ANY INTERNET CONNECTION IN VIOLATION OF ANY RULE, LAW, OR REGULATION.

B10. Limitation of Liability.

NOT INCLUDING THE CUSTOMER’S VIOLATION OF THE USE OF LEARNWORKS SERVICES TERMS, BREACHING OF LEARNWORKS INTELLECTUAL PROPERTY RIGHTS RESULTING OUT OF BREAKING OF THE THIRD PARTY TERMS, (A) IN NO EVENT SHALL EITHER LEARNWORKS OR OTHER PARTY’S LICENSORS ARE LIABLE OR RESPONSIBLE FOR CONSEQUENTIAL DAMAGES THAT COMES OUT RELATING TO THIS AGREEMENT, AND (B) IN NO SITUATION SHALL LEARNWORKS, AND ITS TEAM OF LICENSORS BE LIABLE TO THE CUSTOMER FOR ANY DAMAGE OR DATA LOSS RESULTING FROM THE SERVICES MADE UNDER THIS AGREEMENT. THIS PART OF THE WRITTEN AGREEMENT APPLIES TO THE LOSS OR DAMAGES, INCLUDING WARRANTY AND NEGLIGENCE.

B11. Miscellaneous.

a. Assignment. The customer is not allowed to transfer his/her rights or license this form of the agreement without Learnworks written consent.

b. Compliance with Laws. Each of the parties shall be responsible for the compliance with legal requirements connected with the use of Services.

c. Entire Agreement. This form of agreement contains the entire mutual agreement or understanding of both the parties concerning the services provided by Learnworks. Any of the transactions or purchase orders made by the customer shall be made to administer, and that cannot alter or modify any of the terms written in this agreement. These terms and conditions shall not be changed, modified, or changed in any way, shape, or form unless permitted in writing through both parties’ legal signs. After executing this agreement, the customer shall be required to sign the unmodified order form provided by Learnworks. The terms and conditions are written in this agreement, and the order form will prevail in this agreement’s remaining terms.

d. Excusable Delays. In no situation will either party be liable or responsible for any delay in performing the obligations written under this agreement due to reasonable and valid excuses such as compliance with the law, failure of power and equipment, and unforeseen unavailability of telecommunication services.

e. Independent Contractor. Both parties are contractors and are independents, and they shall not make representations on behalf of each other.

f. Right to Enforce. Those who are not a party to this agreement do not possess the right to enforce any term of these terms and conditions.

g. Severability. If the court holds or keeps any provision of this agreement illegal, the remaining days of this agreement will still be enforceable and valid.

h. Survival. Any time of provision in this agreement regarding proprietary rights, payment, limitations of liability, confidentiality, intellectual property rights, waivers, and warranties will survive the termination or expiration of this agreement.

i. Waiver. The waiver by either party must be in a writing format and must be signed by an authorized person or representative of the other party.

j. Language. All notices and other communication forms relating to this agreement, including Support service, must be in the English language.

B12. Definitions.

a. “Administrator” means an employee responsible for running the business or the organization and is legally appointed.

b. “Affiliate” means any person controlled by the user or the customer and has at least 51% ownership.

c. “Authorized User” means a person or a user who is given authority or permission to access or use the Service of something.

d. “Consulting Services” means an expert or professional Service that provides advice or training from experts.

e. “Customer Data” means information or electronic data that authorized individuals load or kept into a particular service.

f. “Documentation” refers to the technology available documentation inside the server and applies to using the services. This includes instruction manuals, guides, and materials that are helpful for users.

g. “Effective Date” means the date or day on which this agreement becomes immediately effective.

h. “Employee” means for Learnworks us any full-time or part-time worker who works in their Service. Employees are authorized users of Learnworks.

i. “Intellectual Property Rights” are the rights that are provided or given to the people in the protection of the creation of their minds. This includes their copyrights, patents, database rights, moral rights, and other rights of that nature.

j. “Misuse” to use any form of the Service in an unlawful manner that might result in damage, loss, or harm.

k. “Named User” refers to a person that has been granted authority to use the Service or the subscription. Therefore, a named user is also an authorized user.

l. “SOW” refers to a document such as a work order or statement of work that allows a consulting service.

m. “Subscription” refers to the right of an authorized user or an official customer to access any form of Service during the term’s period.

n. “Subscription Period” refers to the period when the authorized user is allowed to access the Service. The subscription period starts or becomes valid on the effective date and expires on its set expiration date.

o. “Third Party Services” refers to any type of third-party Service listed in the order form or the agreement. Learnworks support them unless they are not written on the order form.

p. “Third Party Terms” means terms are provided by a third party that controls the use of the Service of the authorized Customer.

q. “Updates” refers to the changes, improvements, upgrades, and other related alterations made to improve the Service of Learnworks.

SECTION C – TERMS FOR ALL Learnworks Services

C1. Services Rights.

On the day of the effective date, Learnworks will grant the customer or the Authorized user a right to access the services with a non-transferable and non-sublicensable right during the term of this subscription period. The customer is not allowed to copy or capture the screen of the services provided by Learnworks except for the training and learning materials for the customer’s use only.

C2. Authorized Users.

a. Authorized User IDs. Each of the authorized customers or users is issued or provided with a user ID and a security password that they must not share with others. However, another customer’s ID may be used by a new authorized user who replaces the former customer ID. The customer shall or will notify Learnworks when he/she will no longer grant access to an authorized user or if the authorized user should be denied access to Learnworks services.

b. Additional Authorized Users. The customers are allowed to add authorized users during the entire term of the subscription period. Those additional authorized users’ subscription period shall also end the same day as the customer’s subscription expiration date. The customer must notify Learnworks system if there is any additional authorized user to pay the extra payment for the subscription fee. Unless provided, the number of users authorized by the customer cannot be decreased in the span of the subscription period.

c. Limited Number of Users. Customers shall not grant use of the services for more than the number of authorized users specified in the Order form. Customers shall also not give access to any other person unless they are the customer’s authorized user. The customer shall provide a written letter or notice to Learnworks to identify the licensed or granted access to Learnworks services.

C3. Excessive Usage.

If the customer’s usage rate will decrease or intervene with the Serviced or overall performance of other systems, Learnworks will take the right measures, including immediate deactivation or suspension. The process to upgrade capacity may be available at the Learnworks option, but there will be an additional charge. Learnworks may terminate a Customer’s Subscription depending on its thorough investigation regarding whether a customer exceeds the usage limit (Please refer to Evaluation Services). Learnworks may keep an eye on the external interfaces (e.g., ports) of Customer Data to verify a Customer’s compliance with the terms of this agreement. Also, the customer shall not block or intervene with such thorough monitoring. Customer will fully cooperate with Learnworks to identify the source of any issue with the Services that Learnworks reasonably and firmly upholds may be accountable to Customer Data or Excessive Usage of the Services.

C4. Service Upgrades.

Learnworks always provides upgrades, enhancements, modifications, extensions, new releases, bug fixing, and other good changes to the Services, including Updates to betterment its overall performance. Thus, Services keep on evolving. Some services are implemented automatically, while others may require a customer to specify schedule and implementation dates.

C5. Changes to Services.

Learnworks reserves the right to discontinue or change Services, functionality, or features from time to time according to its precise judgment. Learnworks will utilize reasonable efforts to inform the customer of any changes in the material that will be implemented during the whole duration of the Subscription Period.

 C6. Support.

Learnworks shall give good general technical Support via an Order Form to allow the customer to verify any issue and seek technical assistance in the utilization of Services during Learnworks standard Support hours as set up from time to time Learnworks.

 C7. Renewal of Orders.

Unless either party has given the other party written notice of non-renewal of Services at least thirty (30) days before the end of the applicable Subscription Period or renewal Subscription Period, each subscription will renew for an additional Subscription Period of twelve (12) months at then-current Subscription fees. However, the parties may agree in writing to renew a Subscription for more extended periods and at other mutually agreed-upon rates. For EU Authorities, Services will not automatically renew. If EU Authorities wish to continue Services after a twelve-month Subscription Period, it shall pay the then-current subscription fee for an additional twelve-month Subscription Period.

Each subscription will renew for an additional Subscription Period of renewal of twelve months at then-current Subscription bill unless either party has given the other party written letter of notice of non-renewal of Services at least 30 days before the end of the Subscription Period or renewal Subscription Period. However, both parties may agree in writing to renew a Subscription for longer durations and at other mutually agreed rates. For EU Authorities, Services will not renew automatically. If EU Authorities customers wants to avail Services again after a twelve-month Subscription Period, it must pay the then-current Subscription fee for another twelve-month Subscription.

C8. Third-Party Claims.

a. Learnworks will pinpoint, defend, and hold harmless customer against any kind of damages finally agreed or awarded to in a settlement that results from a Claim of a third party that Services violated third party’s copyright, trademark or patent, or any misappropriate that third party’s trade confidential information in the jurisdiction provided that customer has utilized the Services strictly following the terms of this agreement, and only if the customer immediately informs Learnworks in the issue of writing such Claim and let Learnworks take full control of the situation and assistance with the defense of such Claim. Learnworks shall not be responsible for any settlement of the Claim or any compromise of the customer without the written consent of Learnworks. Customer may withhold their counsel and pay the expenses on their own. The counsel expenses shall not be included in Learnworks indemnity obligation.

b. When a Claim is fabricated or seemingly possible, Learnworks have an option to secure customer the right to continue to use the Services, replace or modify the Services so that there will be no infringing, or if there are no preceding options available in Learnworks judgment, then terminate this Agreement and refund Customer (payment are in period) for the use of the infringing Services. Learnworks shall have zero liability or any obligation concerning any Claim if the infringement is caused by

  1. modifications are made following the specification of the customer.
  2. modifications by any individual without a written consent form Learnworks
  3. Customer’s failure to fully comply with the direction of Learnworks to stop any activity that in Learnworks perspective may infringe an Intellectual Property Rights of a third party.
  4. content or technology of a third party, this includes the technology of the third party with a history of providing the Services, or a combination of both, operation or utilization of the Services with other products or services outside of Learnworks.

To the extent that a fault percentage in a comparative manner coincides with the amount of responsibility. SUBJECTIONS (A) AND (B) OF THIS SECTION STATE LEARNWORKS WHOLE OBLIGATION TO CUSTOMER concerning ANY THIRD-PARTY CLAIM.

c. customer will indemnify, defend, and hold harmless Learnworks and its affiliates, licensors, and every respective employee, officers, representatives, and directors against any damages, claims, losses, liabilities, expenses, and costs. These include reasonable attorney fees relating to any third-party claim, including claims by Authorized Users that

  1. When a customer’s misuse or unauthorized use of the Services or Customer Data introduces a virus into the Service, harms any person, lengthens the jobs, and violates any law (including Intellectual Property Rights of a third party), privacy, or other rights.
  2. When a customer has breached any Third-Party Terms, or
  3. When a Customer violated and transmitted, posted, retained, store, shared, or deleted a Customer Data

only if Learnworks immediately informed the customer in writing such Claim and gave customer full control of and direct assistance for the defense of such Claim. The customer may settle whatever claim as the customer sees it appropriate, provided that the customer obtains a Learnworks prior written authorization before the start of any settlement. Customer shall not be responsible for Learnworks settlement or compromise of such Claim without the customer’s written approval.

C9. Return of Customer Data.

When the customer’s written request is made within 30 days of termination or expiration of a Subscription or this Agreement, Learnworks will make sure to return customer a single copy of all Data of Customer then in the possession then-current industry-standard data exact format in Learnworks. Also, additional Customer Data copies shall be available for a reasonable fee. After thirty days, Learnworks shall have no obligation to keep or provide any Customer data and must, unless if it’s prohibited legally, delete all Customer Data within its possession. Unable to withstand the preceding, Learnworks may retain Customer Data in a backup media file for an extended period of up to twelve months or even longer if required by law.

C10. Mobile Applications.

  1.   All Mobile Applications. Learnworks has made various apps available in the market which can be used on smartphones, android, tablets, and other portable devices (or only “Mobile Applications). This agreement administers the purpose of Mobile Applications as a stand-alone product or connections to other Services. Also, the customer must observe all the applicable third-party terms of agreement when testing with Mobile Applications (for instance, any agreement with a wireless service or wireless data provider). By testing out Mobile Applications, the customer notably approves its acceptance of the terms related to the application provided at download or installation or updated from the hereafter.
  2. Additional Terms for iOS Mobile Applications. The Mobile Applications may be used on an iOS or Apple Product that the customer owns or has authority to and as allowed by the Usage Rules outlined in the App Store Terms of Service. Customer recognizes that this agreement is among Customer and Learnworks and that even though access has entry has been received to the Mobile Applications through Apple, Inc.’s AppStore or another origin (simultaneously, the “Distributor”). The Distributor has no accountability whatsoever or obligation to customer related to the Mobile Applications, either by contract, warranty, or any other way, and customer will look only to Learnworks for any support for the Mobile Applications. The Distributor is not accountable for sending any claims of any sort associated with the Mobile Applications, and the customer must talk directly with Learnworks if any claims arise. Questions related to the Mobile Applications should be forwarded to Learnworks and not the Distributor. There are events in which failures will occur on a Mobile Application to comply with any limited warranty declared in this Agreement; Customer may alert Apple, and Apple will reimburse its price to Apple for that Mobile Application. Also, Apple will have no other warranty obligations concerning the Mobile Application to further the maximum extent permitted by applicable law. There will also be no warranty to any other claims, losses, accountabilities, damages, costs, or reparations attributable to any failure to conform to the limited warranty. It will be Learnworks sole obligation. Nevertheless, in everything contrary to this agreement, the Distributor and its additives are third-party beneficiaries. The Distributor has the utmost privilege (and will be allowed to have authorized the right) to carry out this agreement against the customer as a third-party beneficiary. Customer serves and permits that he/she is not based on any location in a country that is subject to EU Authorities embargo or restraint by the EU Authorities as a “terrorist supporting” country. Furthermore, the customer must not be a part of any EU Authorities list of banned and confined parties.

SECTION D – SOFTWARE END USER LICENSE AGREEMENT FOR Learnworks

D1. Definitions.

a. “Client Software” says that all programs that grant a Device to promote and access the services or performance given by the Server Software.

b. “Device” is referred to as either of the following: handheld PC, “smartphones,” personal computers, laptops, terminal, personal digital assistant, intercom, etc.

c. “Products” are softwares, which comprises different platforms suitable for associated media, printable materials, electronic or “online” documentation given by Learnworks.

d. “Server Software” are programs that grant various services on a Device that will act as the server.

e. “Redistribution Software” are the programs defined in Section D4 below.

D2. Ownership of Products.

  1. Learnworks doesn’t have ownership of the Products. Therefore, there are limitations to what you can access, and it has rights provided in this Section D. The Customer’s right to access the products is conditional to the terms of this Agreement between Customer and Learnworks. Also, the customer’s knowledge in relevance to these conditions given in Section D, which Learnworks does not have the jurisdiction to, may be modified or changed.
  2. All intellectual property rights and inscriptions in or to the Products (which comprises of the following but not limited to any photos, animations, images, audio, music, texts, videos, and “applets” integrated into the Products) are purchased by Learnworks or its suppliers. These Products are copyrighted and are secured by laws and international copyright treaties, in addition to other intellectual arrangements and rules. The customer’s entry of access or use of these Products does not give them Customer ownership. The customer is only allowed to use them but not be allowed to have property rights to the Products.
  3. To the amount granted by applicable law, any reproduction, alteration, adjustment, renewal, restoration, improvement, adaptation, or any change whatsoever done to the Products shall be owned solely and entirely by Learnworks or its affiliates.
  4. Customer is not allowed to extract, change, or block out any copyright, trademark, or other legitimacy rights that are accommodated in or on the Products.

D3. Use of Client Software.

Customers may access the Client Software equipped on his/her Devices by Learnworks given that they follow the guides and instructions, and only in connection to those Services given to the Customer by Learnworks. The terms in Section D are unchangeable and indeed overrule the terms of any User License Agreement that may be granted online during the customer’s access to the Client Software.

 D4. Redistribution Software.

In relevance with the Services given to Customer by Learnworks, the customer may be given specific entries or “sample.” “redistributable” and Software development “SDK” software code and tools or only “Redistribution Software.” CUSTOMER MAY NOT ALTER, CHANGE, REPLICATE, and DISSEMINATE ANY SOFTWARE UNLESS THE CUSTOMER SPECIFICALLY AGREES TO AND ADHERES WITH CERTAIN ADDITIONAL TERMS GIVEN IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) SUITABLE TO LEARNWORKS, WHICH TERMS MUST BE GIVEN TO CUSTOMER BY LEARNWORKS. The company does not allow the customer to access any Redistribution Software unless the customer agrees explicitly and observes with such additional terms, as given to the Customer by Learnworks.

D5. Copies.

Customers are not allowed to duplicate any copy whatsoever of the Products; provided, however, that the customer may (a) make a copy of Client Software on Customer’s Device as accredited by Learnworks: and (b) Customer may duplicate particular Redistribution Software in conformity with Section D4. Customer must delete or wipe out all such Client Software and Redistribution Software upon completion or abolishment of this agreement, upon notice from Learnworks, or upon transmission of Customer’s Device to another source of the individual. Customers are strictly not allowed to duplicate any printed materials following the Products.

D6. Limitations on Reverse Engineering, Decompilation, and Disassembly.

Customers are not allowed to do reverse engineering, decompilation, or disassembly of the Products, excluding the applicable law; nevertheless, this constraint does not allow said activity.

D7. No Rental.

Customers are not allowed to rent, lease, borrow, charter, sublet, or directly or indirectly send or administer the Products to any third party, and may not let any third party have a connection or granted access to and use the services of the Products except for the only purpose of pervading the functionality of the Products in the form of software services in conformity with the terms of this Section D and this agreement.

D8. Termination.

Without bias to any other rights, Learnworks may cease all customer’s rights to have access to the Products if said customer violates any rule in Section D. In case this happens where the customer fails to abide with this Agreement or Learnworks agreement with the said software under these Products are licensed, The Customer must stop and terminate the use of these Products effective immediately. The customer must delete all the copies of the Products and all their accompanying parts.

D10. Product Support.

Any support for the Products is given to the Customer by Learnworks and is not provided by its software, its partners, member, or a section.

D11. NOT FAULT TOLERANT.

THE PRODUCTS MAY INCLUDE TECHNOLOGY THAT DOES NOT ENABLE THE SYSTEM TO CONTINUE OPERATING IN THE EVENT OF FAILURE, AND THE PRODUCTS ARE NOT MANUFACTURED OR EXPECTED FOR USE IN SITUATIONS OR UTILIZATION IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, MENTAL, PROPERTY OR ENVIRONMENTAL DAMAGE.

D12. Export Restrictions.

The Products are in the jurisdiction of EU Authorities. The customer must then adhere to all related laws, including the EU Authorities Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end-use, and destination restrictions expressed by the EU Authorities and other governments.

D13. Liability for Breach.

In addition to any accountability Customer may have with Learnworks, the customer acknowledges that it will be legally accountable directly to the software for any rupture in this Section D.

D14. Disclosure.

Customer recognizes that Learnworks may publish customer’s information which may include some Confidential Information, to the software for Learnworks to provide the Services or to controls customer’s consent with the Software End User License Agreement. If suitable, the Customer displays and affirms that it has and will comply with any applicable laws to administer notices to or collect acknowledgment from any party to allow sharing of their personal information with Learnworks for the agreement’s sole intention and other associated activities.