BY CLICKING "I AGREE" BELOW YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW FOR YOUR USE OF THE I2M E-LEARNING SYSTEM (AS DEFINED BELOW).ALL REFERENCES TO "I2M" IN THIS LICENSE WILL MEAN I2M MANAGEMENT SERVICES PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVSIONS OF THE COMPANIES ACT,1956 AND HAVING ITS REGISTERED OFFICE AT PARAMOUNT, PLOT NO. 54, YOGENDRABHAVAN, J.B. NAGAR, ANDHERI (EAST), MUMBAI - 400059.
1. Terms of Service.
This End User License Agreement (this "License") incorporates by reference the I2M Terms of Service ("TOS"), each of which may be updated by I2M from time to time with prior notice to you. The terms of this License and the TOS shall be read together as one agreement and shall apply to your use of the I2M E-Learning System. You shall be bound by the terms of this License and the TOS. You can review the most current version of this License and the TOS at any time at: http://www.i2m.in/eula and http://www.i2m.in/tos, respectively.
2. Changes to Terms and Conditions.
I2M may change this End User License and TOS by posting a new version with prior notice to you. Use of the I2M E-Learning System after such change constitutes your acceptance of such changes.
3. I2M E-Learning System.
The I2M E-Learning System shall include but not limited to the e-learning methodology and templates developed by I2M for you. To customize the I2M E-Learning System you must obtain an I2M ID and password. This information is transmitted and collected by I2M when you sign in to verify your identity. The I2M E-Learning System is user specific and only users who have been authorized by I2M pursuant to this License are entitled and authorized to use the I2M E-Learning System. Any use of the I2M E-Learning System by you without due authorization from I2M will make you liable for prosecution by I2M under applicable law.
4. Licensed Uses and Restrictions of the I2M E-Learning System.
By accepting the terms of this License, you represent to I2M that you are at least 18 years old. The I2M E-Learning System applications, documentation, and local computer files that may be installed or utilized to run or drive the I2ME-Learning System (collectively, the "I2M Software". References to the "I2MSoftware" in this License will also mean and include the "I2M E-Learning System") are owned by I2M, or I2M's licensors and content and data providers("I2M Licensors") and are licensed to you on a non-exclusive, non- sublicenseable and non-transferable basis on the terms and conditions set forth herein. This License defines the legal use of the I2M Software including the I2M E-Learning System, all updates, revisions, substitutions, and any copies of the I2M Software and the I2M E-Learning System specifically made / designed for you in whole or in part as the case maybe. All rights not expressly granted to you are reserved by I2M or their respective owners.
YOU MAY install and personally use the I2M Software and any updates provided by I2M (in its sole discretion or otherwise specifically designed for you in whole or in part as the case maybe) on a personal computer owned or controlled by you and may use the I2M Software for your own noncommercial use or benefit. Your license to the I2M Software under this License continues until either party terminates it. You may terminate the License by discontinuing the use of all or any of the I2M Software (including the I2M E-Learning System) and by destroying all your copies of the applicable I2M Software. This License terminates if you violate any term of this License and / or the TOS . I2M shall publicly post a written notice of termination on I2M's web site, or I2M shall send a written notice of termination to you directly. Pursuant to the termination of this License, you will not have any right to use the I2M E-Learning System or the I2M Software.
YOU WILL NOT:
i. decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the I2M Software and / or the I2M E-Learning System, or make unauthorized copies, transfer, pledge or sub-license the I2M Software and / or the I2M E-Learning System or any portion thereof;
ii. incorporate the I2M Software into any computer chip or the firmware of a computing device manufactured by or for you ;
iii. use the I2M Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TOS or this License;
iv. interfere with or disrupt the I2M computer networks, websites, or services connected with or accessed by the I2M Software;
v. use the I2M Software and / or the I2M E-Learning System for any purpose other than what it is specifically meant for. I2M expressly disclaims any liability and warranty for the use of the I2M Software for purposes other than what it is meant for.
vi. sell, lease, loan, distribute, transfer or sublicense the I2M Software or access thereto or derive income from the use or provision of the I2M Software, whether for direct commercial or monetary gain or otherwise, without I2M'sprior, express, written permission.
5. Ownership and Relationship of Parties.
The I2M Software and the I2M E-Learning System is protected by copyrights, trademarks, service marks, and/or other applicable proprietary rights and laws. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this License and in the TOS. I2M and I2M Licensors own all rights, title, and interest in and to their applicable contributions to the I2M Software and the I2M E-Learning System. This License grants you no right, title, or interest in any intellectual property owned or licensed by I2M, including (but not limited to) the I2M Software and I2M trademarks, and creates no relationship between yourself and I2M Licensors, or between you and I2M other than that of a licensor and a licensee. You are and you will continue to remain a bare licensee of the I2M Software and the I2M E-Learning System.
The I2M Software and its components may contain software licensed from I2M Licensors ("Licensor Software"). The Licensor Software enables the I2M Software and the I2M E-Learning System to perform certain functions, including without limitation, may allow the access of proprietary data on third party data servers. You agree that you will use the I2M Software and or the I2M E-Learning System, and any data accessed through the I2M Software and / or the I2M E-Learning System for your own personal non-commercial use only. All rights in any third party data, any third party software, and any third party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
6. Support and Software Updates.
I2M may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the I2M Software (collectively, "Support"),in its sole discretion or on mutually agreed terms, and may terminate such Support if it is provided to you on I2M's sole discretion at any time with notice to you. I2M may change, suspend or discontinue any aspect of the I2M Software at any time upon a prior written notice to you, including the availability of any I2M Software feature, database, or content. I2M may also impose limits on certain features and services or restrict your access to parts or all of the I2M Software.
I2M may need to send support information via e-mails regarding calendar schedules, support alerts, course reports and other miscellaneous information at regular intervals in relation to learning and administrative support. These mails may be sent using third party software.
7. Disclaimer of Warranties by I2M.
Use of the I2M Software and any data accessed through the I2M Software is at your sole risk. It is provided "as is" and without warranties of any kind.
I2M and I2M Licensors expressly disclaim all warranties of any kind, whether express or implied, relating to the I2M Software including, without limitation, the implied warranties of, merchantability, satisfactory quality, and fitness for a particular purpose.
I2M and its third party suppliers and licensors reserve the right to delete data from their servers, or prevent access to their servers or to change data categories for any reason that I2M or the said third parties deem sufficient in their sole discretion at any time. I2M reserves the right to discontinue use of any component of the I2M Software at any time. Neither I2M nor its third party suppliers and licensors are under any obligation to provide you with any new enhanced or additional data types or categories in the future unless specifically agreed otherwise. I2M does not specifically warrant the results that will be obtained by your use of the I2M Software and / or the I2M E-Learning System including any data accessed there from, if any.
8. Limitation of Liability.
I2M and I2M Licensors are not liable to you for any and all , incidental, special, indirect or consequential damages arising out of or related to any third party software, any data accessed through the I2M Software, or your use or inability to use or access the I2M Software or any I2M E-Learning System, whether such damage claims are brought under any theory of law or equity. Such damages excluded by this clause include, without limitation, those for loss of business profits, injury to person or property, business interruption, loss of business information.
9. Indemnification.
You hereby indemnify and hold I2M and I2M Licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your misuse/unauthorized use of the I2M Software and / or the I2ME-Learning System, your violation of any terms or conditions of this License, your violation of applicable laws, or your violation of any rights of another person or entity.
10. Governing Law.
This License and the relationship between you and I2M are governed by the laws of the Republic of India. You and I2M agree to submit to the exclusive jurisdiction of the courts of Mumbai, India.
11. No General Waiver; Severability.
The failure of I2M to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision. If any provision of this License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this License remain in full force and effect.
12. Complete Agreement.
This License and the TOS constitute the entire understanding between the Parties respecting use of the I2M Software and / or the I2M E- Learning System, superseding all prior agreements between you and I2M .
13. Surviving Provisions.
Sections 4, 5, and 7 through 13, will survive any termination of this License.
14. Refund & Cancellation Policy, Delivery Policy and User Registration Details
This End User License Agreement (this "License") incorporates by reference the I2M Refund & Cancellation Policy, Delivery Policy and User Registration Details, each of which may be updated by I2M from time to time with prior notice to you. You shall be bound by the terms of this License and the Refund & Cancellation Policy, Delivery Policy and User Registration Details. You can review the most current version of this License and the Refund & Cancellation Policy, Delivery Policy and User Registration Details at any time at: http://www.i2m.in/refund-policy, http://www.i2m.in/delivery-policy and http://www.i2m.in/user-policy, respectively.