List of active policies
|End User License Agreement||Site policy||Authenticated users|
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- No personal information will be sold to a third party vendor.
This is the End User License Agreement between Pinnacle Business Group, Inc (Licensor) and the authenticated user of the Self-Paced Enterprise Architecture Certification Workshop at pbg.mrooms.net (Licensee).
By taking possession of and using the Product, the Licensee hereby agrees to be bound by and to abide with the terms and conditions of this License.
The Product is used exclusively by Licensor and will remain Licensor’s exclusive right to use, notwithstanding Licensee’s possession or use of the Product, including any related copyright, trademark or patent rights and including any upgrades, fixes, changes, enhancements or derivative versions of the original Product made by Licensee or the Licensor or anyone on their behalf, during the terms of this agreement.
Licensor hereby grants Licensee a non-exclusive, non-transferable right to use the Product for Licensee’s internal business purposes and not for resale, rental, or sub-licensing or any use of any kind whatsoever, upon the terms set out in this License. Licensee can use the Product for outside business uses by extracting the results of the Product’s results, and use in a format that does not violate the terms of this agreement.
The term of this License shall be as agreed to in writing at the time of receipt, and otherwise complying with their obligations under this License; provided that if no fixed term is agreed to at the time of acquisition, this shall be a ninety (90) days license. This License shall automatically terminate should Licensee default in performance of any of its obligations under this License.
This License is to Licensee, and may not be transferred or assigned without the Licensor’s prior written approval upon such terms as Licensor shall impose in its sole discretion.
Possession of the Product, and compliance with this License shall not entitle Licensee to any upgrades or improvements or new versions of the Product, or any Product support, maintenance or help-desk assistance of any kind, unless agreed to in writing at the time of receipt.
The Product may not be reproduced in any form, by any method, for any purpose.
The Product may not be changed, modified, decompiled, reverse engineered, or disassembled in any way.
Except as specified herein, all warranties are disclaimed, including damage to data, persons, property, hardware and/or software from use of the Product. Licensee shall be completely responsible for any hardware or software compatibility issues related to the installation or use of the Product, except for such hardware and operating system compatibility assurances provided in writing by Licensor to Licensee at time of purchaser.
EXCEPT FOR THE INDEMNITIES PROVIDED HEREIN AND EXCEPT FOR ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING LOST INCOME, LOST PROFITS, LOST SAVINGS OR OTHER ECONOMIC, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE PRODUCT, OR ANY OTHER CLAIM BY ANY OTHER PARTY.THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF THE LICENSOR, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT AS PAID TO THE LICENSOR BY THE LICENSEE. THIS IS A NO COST LICENSE.
Except as specified herein, there are no warranties of any kind associated with this Product.
The Licensor reserves the right to modify, change, revise and improve the Product as it sees fit without any further or other notice to you.
This License may, at the time of acquisition, be subject to other limitations as the parties may agree to in writing, including limitations on duration, usage, network usage, and installation on particular CPUs. Licensee is required to acknowledge the copyright owner on each page used for internal use.
Licensor represents and warrants that (a) it is the developer and owner of the Product, or that it has the authority to grant the licenses granted hereunder; (b) has obtained all licenses and intellectual property rights (collectively, "Licenses") required for Licensor to perform its services and provide the Product hereunder, including all Licenses for Licensee to use the Product and services hereunder; (c) there is no claim, litigation or proceeding pending or threatened with respect to the Product or any component thereof; (d) the Product and its components, and the use thereof in accordance with the terms of this License, do not infringe or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party, and (e) there are no open source components included in the Product.
Licensor hereby does agree to, and shall, indemnify, defend and hold harmless Licensee and affiliates, and its and their directors, shareholders, officers, agents and employees from and against any and all suits, actions, damages, costs, losses, expenses (including attorneys’ fees) and other liabilities arising from or in connection with a breach of the warranties set forth herein. Licensee shall promptly notify Licensor of any such claim. Licensor shall bear full responsibility for the defense (including any settlements); provided, however, that (a) Licensor shall keep Licensee informed of, and consult with Licensee in connection with the progress of such litigation or settlement; and (b) Licensor shall not have the right, without the written consent of an officer of Licensee, to settle any such claim if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgment of, any liability or wrongdoing (whether in contract, tort or otherwise) on the part of Licensee or any affiliate.
Licensor represents and warrants that: (a) the Product and any media on which the Product is contained shall contain no computer instructions whose purpose is (i) to disrupt, damage or interfere with Licensee’s or its affiliates' use of any of their data, programs, computers, systems or telecommunications or broadcast equipment, software or services for their commercial purposes; (ii) to perform functions which are not an appropriate part of the functionality of the computer programs, documentation or other deliverables and whose result is to disrupt the use or operation of such computer programs, documentation or other deliverables; and (b) unless expressly authorized in writing by Licensee, the Product shall not contain (i) any mechanism which electronically notifies Licensor of any fact or event, nor (ii) any key, node lock, time-out, logic bomb or other function, implemented by any means, which may restrict Licensee’s or its affiliates’ use of or access to any data, programs, computers, systems or telecommunications or broadcast equipment, software or services. Licensor shall immediately notify Licensee of any illicit code and promptly correct or replace the Programs to eliminate any illicit code. If Licensor fails to correct or replace any Product that does not meet the foregoing warranty within a reasonable period of time, Licensee shall have the option of returning the Product to Licensor (at Licensor’s expense) and receiving a full refund of the license fee paid by Licensee.
This License shall be governed by, and construed and enforced in accordance with the laws of the State of Michigan and the laws of the United States without giving effect to the principles of conflicts of law. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this License or any transactions hereunder.This License and any exhibits hereto constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior written, and all prior or contemporaneous oral agreements, representations, warranties, statements, promises and understandings with respect to the subject matter hereof and any shrink-wrap, click license or web-posted terms and conditions (whether made available before or after the date hereof). Damages for non-compliance to this agreement will cause irreparable harm Licensor, and calculated damages will equal lost consulting, license, and other revenues related to the degree of non-compliance