This Standard License Agreement (“License”) is made effective as of the date of purchase of your product from Lean Sigma Corporation. This license will be in effect for all Lean Sigma Corporation products unless superseded by another license agreement accompanying a Lean Sigma Corporation product. In this License Agreement, the party who is granting the right to use the licensed property will be referred to as “Lean Sigma Corporation” and the party who is receiving the right to use the licensed property will be referred to as “the Purchaser”.
The parties agree as follows:
1. GRANT OF LICENSE: Lean Sigma Corporation owns Six Sigma Training Materials, eLearning content and systems (“Courseware”). In accordance with this License, Lean Sigma Corporation grants the Purchaser a non-exclusive license to use the purchased Courseware for his or her own personal use. At no time may the Purchaser distribute, assign, transfer, sell, license or re-license the Courseware.
Lean Sigma Corporation retains title and ownership of all Courseware.
2. DISTRIBUTION & RESALE RESTRICTIONS: The Courseware may be printed as a single instance by the Purchaser for personal use and may not be printed and distributed. The Courseware may not be printed by the Purchaser and resold as a printed product without the express written consent of the Lean Sigma Corporation. The Courseware may not be distributed or sold in any electronic format to any person or entity unless written permission from Lean Sigma Corporation is obtained. The Courseware may not be stored on any shared file servers or web-servers for sharing or displaying on any website, blog or other electronic medium used for sharing or publication.
3. MODIFICATIONS: Unless the prior written approval of Lean Sigma Corporation is obtained, the Purchaser may not modify or change the Courseware in any manner.
4. WARRANTIES: Neither party makes any warranties with respect to the use, sale or other transfer of the Courseware by the other party or by any third party, and the Purchaser accepts the product “AS IS.” In no event will Lean Sigma Corporation be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the Courseware.
5 TRANSFER OF RIGHTS: This License shall be binding on any successors of the parties. Neither party shall have the right to assign its interests in this Agreement to any other party, unless the prior written consent of the other party is obtained.
6. ENTIRE AGREEMENT: This License contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
7. SEVERABILITY: If any provision of this license shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this license is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
8. WAIVER OF CONTRACTUAL RIGHT: The failure of Lean Sigma Corporation to enforce any provision of this License shall not be construed as a waiver or limitation of Lean Sigma Corporation’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
9. APPLICABLE LAW: This Agreement shall be governed by the laws of the State of North Carolina.
This License agreement was last updated on 3/21/2018