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END USER LICENSE AGREEMENT
This copy of ITTO Tutor Program and/or the ITTO Tool and your use of this program on this website (“Program”) and accompanying documentation is licensed and not sold. This license is for personal use, using this tool in a classroom, either live or virtual is prohibited unless authorized by SSSL (Six Sigma Scrum Live). This Program is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. ITTO Tutor Program or its subsidiaries, affiliates, and suppliers (collectively “ITTO Tutor”) own intellectual property rights in the Program. The Licensee’s (“you” or “your”) license to use the Program is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND UTILIZING THE PROGRAM. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE PROGRAM. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE FOR PERSONAL USE OR OTHERWISE, OR COPY ALL OR ANY PART OF THE PROGRAM.
This Agreement entitles you to use the Program for your own personal use only. This Agreement does not permit the installation or use of multiple copies of Program, or the installation of the Program on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy/use of the Program. Further, this Program may not be used for any commercial purposes, free uses or any other type of use except your own personal use.
Restrictions on Transfer
Without first obtaining the express written consent of ITTO Tutor, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Program in whole or in part.
Restrictions on Use
You may not copy, video, photograph or recreate in any manner the Program nor allow anyone else to do so whether for profit or not for profit.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Program.
You may not use the database portion of the Program in connection with any software other than the Program.
Restrictions on Alteration
You may not modify the Program nor create any derivative work of the Program or its accompanying documentation in whole or in part. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Program. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Program.
Limited Software Product/Program Warranty
For a period of 30 days from the date of first permitted use, ITTO Tutor warrants that when properly used under normal conditions, the Program will perform substantially as advertised. Your sole remedy for any non-performance would be the repair of the Program, if available.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ITTO TUTOR, ITTO TUTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.
ITTO Tutor makes no warranty that the Program will meet your requirements or operate under your specific conditions of use. ITTO Tutor makes no warranty that operation of the Program will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE PROGRAM SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND INTERRUPTIBILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE PROGRAM TO MEET YOUR REQUIREMENTS. ITTO TUTOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL ITTO TUTOR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE PROGRAM, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF ITTO TUTOR OR ANY OTHER PARTY, EVEN IF ITTO TUTOR IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS ITTO TUTOR’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Program. Selection of whether to correct or replace shall be solely at the discretion of ITTO Tutor. ITTO Tutor reserves the right to substitute a functionally equivalent copy of the Program as a replacement. If ITTO Tutor is unable to provide a replacement or substitute Program or corrections to the Program, your sole alternate remedy shall be a refund of the purchase price for the Program exclusive of any costs for credit card fees, shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by ITTO Tutor to have been caused by you. All limited warranties on the Program are granted only to you and are non-transferable. You agree to indemnify and hold ITTO Tutor harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Utah, without regard to Utah’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.