END-USER LICENSE AGREEMENT
IMPORTANT--READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal contract between you, an individual (groups of two or more individuals or any entity which is not a natural person must contact Licensor regarding the terms and conditions of a license), and Moore Experts (“Licensor”) for an on-line course titled “OB/GYN Expert Witness Master Class”, which includes without limitation audio/visual media, documents, downloadable documents, checklists, tests, directions, and instructions supplied by Licensor (collectively, the "Licensed Material").
BY CLICKING THE CHECKBOX DURING YOUR PURCHASE OF A LICENSE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW.
LICENSE GRANT AND RESTRICTIONS
Following your acceptance of this Agreement and payment for a License, you may use the Licensed Material subject to the following restrictions.
You may, using a single device at a given time, use your Licensor-issued credential to access the Licensed Material online.
You may not allow any third party to access or use the Licensed Material. You may not sell, rent, lease, or otherwise receive valuable consideration for allowing a third party to access or use the Licensed Material. You may not create derivative works based upon, or publish, any portion of the Licensed Material. You may not download or copy any of the Licensed Material except for those portions which are expressly identified as “downloadable” (e.g., downloadable PDFs). The only exceptions to these restrictions are (i) to the extent that such activity is expressly permitted by applicable law notwithstanding these restrictions, or (ii) to the extent that certain portions of the Licensed Material are subject to a third party’s right which expressly prohibits such restrictions.
Licensor may revise, update, supplement, remove or otherwise alter some or all of the Licensed Material at any time at Licensor’s sole discretion, but such activity will not modify any of the terms and conditions of this Agreement.
This License is personal to you, the individual who originally purchased it, and is not transferable except with the express written consent of Licensor.
Without prejudice to any other rights, Licensor may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.
If any provision of this Agreement is held unenforceable, all remaining provisions of this Agreement shall remain in full force and effect.
This Agreement constitutes the entire agreement between you and Licensor, and merges and supersedes any and all prior understandings, purchase orders, or arrangements.
INFORMATION PROVIDED BY YOU FOR A LICENSE
In order to provide a License to you, Licensor may collect from you and store in a cloud or other storage system basic information including your name, address, email address, telephone number, and the like. Licensor shall have the right to use such information for any purpose related to Licensor’s business activities including without limitation sharing such information with Licensor’s authorized affiliates or third parties. A third party payment processor, under contract with Licensor, may collect and store your credit card information or alternative method of payment information. Except for limited information which may be transmitted by the third party payment processor (e.g., successful payment confirmation), Licensor will not have access to your credit card or alternative method of payment information.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Delaware, United States of America.
PROPRIETARY RIGHTS
All title and propriety rights of any kind whatsoever, including without limitation copyrights, in and to the Licensed Material, including without limitation images, photographs, graphics, animations, video, audio, music, text, and documents, shall remain solely the property of, and owned by, Licensor.
DISCLAIMER OF WARRANTY
THE LICENSED MATERIAL IS PROVIDED "AS IS." LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED MATERIAL. LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ANY LIABILITY OF LICENSOR PERTAINING TO THE LICENSED MATERIAL SHALL BE LIMITED TO NO MORE THAN THE PURCHASE PRICE PAID FOR A LICENSE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.