COMPTIA CERTMASTER LICENSE TERMS
These license terms are an agreement between CompTIA Learning, LLC ("CompTIA") and you ("Subscription Agreement"). Please read them. They apply to your use of CompTIA CertMaster electronic learning products ("CertMaster"). The terms also apply to any CertMaster updates, supplements, Internet-based services, and support services.
By purchasing or using CertMaster, you accept these terms. If you do not accept them, do not use CertMaster.
If you comply with these license terms, you have the rights below for each license you acquire.
- Licensed Content. The licensed content of CertMaster may include software, printed materials, academic materials, electronic books, and associated media, and is provided via an online service (collectively, "CertMaster Product").
- License Model. The CertMaster Product is licensed on a subscription basis. The length of time that you may access and use CertMaster Product is equal to the length of the subscription you acquired for such CertMaster Product. For instance, if you acquired a 30-day subscription to access CertMaster Product, you may access and use one copy of that CertMaster Product instance for a 30-day period. The subscription period begins on the date you activate the subscription to the CertMaster Product. You may not share this right, or the CertMaster Product, with others and, may only use the CertMaster Product for your personal training use.
- USE RIGHTS.
- Licensed Device. The licensed device is the device on which you use the CertMaster Product. You may access and use the CertMaster Product that you have licensed on one licensed device at a time and only during the term of the license.
- Separation of Components. The components of the CertMaster Product are licensed as a single unit. You may not separate the components and use them separately for any purpose.
- Third Party Programs. The CertMaster Product may contain third party programs and/or intellectual property. The license terms with those programs and/or intellectual property apply to your use of them.
- Monitoring Your Use. To the extent permitted by law, we may monitor your use of the CertMaster Product and remove or disclose your information or materials in order to
- ensure your compliance with this Subscription Agreement including the use rights;
- satisfy any legal requirements or process; or
- protect our rights or the rights of others.
- Electronic Notices. We may provide you with information about the CertMaster Product in electronic form. It may be via email to the address you provide when you sign up for the CertMaster Product, through a web site that we identify or online chat. Notice via email or online chat is given as of the transmission date. As long as you use the CertMaster Product and access your subscription(s), you have the software and hardware needed to receive these notices. You may not use the CertMaster Product and access your subscription(s) if you do not agree to receive these electronic notices.
- Terms for Online Services.
Online Service Updates. We may modify the CertMaster Product from time to time. We may also release a new version of it.
Online Service Suspension or Cancellation. We may suspend the CertMaster Product or your use of it for any reason, including service maintenance. We may also cancel the CertMaster Product or your use of it for any reason, including legal obligations. If we do cancel it, your right to use the CertMaster Product and your subscription(s) stops right away. You may not have access to your data after we suspend or cancel the CertMaster Product. If we cancel or suspend your use of the CertMaster Product, you will delete all copies in any format of any licensed content accessed via the CertMaster Product, including without limitation any copies residing on any hard drive or other storage device.
- Term of License. You may not access or use the CertMaster Product after your applicable access code to the CertMaster Product terminates or expires.
- Third Party Content and Services. We are not responsible for any third party content you access with the CertMaster Products. You are responsible for your dealings with any third party related to the CertMaster Products (including the delivery of and payment for goods and services).
- Additional Functionality. We may provide additional functionality for the CertMaster Products. Other license terms and fees may apply.
- Third Party Programs. If other terms come with a program licensed by a third party, those terms apply to your use of it.
- License Terms Updates. We may update these license terms any time. You agree to the new terms by using the CertMaster Product and your subscription(s) after we publish them on the web site or send you an email or online chat about the updates.
- INTERNET-BASED SERVICES. CompTIA provides the Internet-based CertMaster Product. It may change or cancel the CertMaster Product at any time. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the CertMaster Product to try to gain unauthorized access to any service, data, account or network by any means.
- RESPONSIBILITY FOR YOUR ACCOUNTS. You are responsible for all activity with your CertMaster Product accounts and your passwords. You must keep them confidential. You must tell us right away about any possible misuse of your accounts or any security breach related to the CertMaster Product or any unauthorized use(s) of the service or any licensed content accessed through the CertMaster Product.
- SCOPE OF LICENSE AND SCOPE OF USE. The CertMaster Product is licensed, not sold. This Subscription Agreement only gives you some rights to use the CertMaster Product. CompTIA reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the CertMaster Product only as expressly permitted in this Subscription Agreement. In doing so, you must comply with any technical limitations in the CertMaster Product that only allow you to use it in certain ways. You may not:
- disclose the results of any benchmark tests of the CertMaster Product to any third party without CompTIA’s prior written approval;
- work around any technical limitations in the CertMaster Product;
- publish any portion of the CertMaster Product for others to copy;
- rent, lease, sublicense, assign, or lend the CertMaster Product or any portion thereof (including any permitted modifications thereof) on a stand-alone basis or as part of any collection, product or service;
- host the CertMaster Product for others to access;
- use the CertMaster Product in a way that is against the law;
- authorize any third party to access or use the CertMaster Product on your behalf;
- use any automated process or service to access or use the CertMaster Product such as a BOT, a spider or periodic caching of information stored by CompTIA, and such prohibited uses include use to assist in downloading or printing any of the CertMaster Product;
- permit others (including other users), to modify, remove, delete, augment, add to, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the licensed content accessed via the CertMaster Products, in whole or in part, except as expressly provided in these license terms, which qualify as "fair use" under U.S. copyright law (Section 107 of Title 17 of the United States Code) ("U.S. Fair Use");
- post any licensed content accessed via the CertMaster Product to any third party web site, or provide such licensed content to others by any other means, such as blogs or RSS feeds, except as specifically authorized by the Subscription Agreement or as permitted under U.S. Fair Use;
- assign, license, or otherwise transfer to any third party, any of the rights, in whole or in part, granted to you under these license terms, or any rights in any licensed content accessible through the CertMaster Product, and you will not permit others (including other users) to do so;
- falsify any email header information (e.g., "spoofing"); or
- use the CertMaster Product to make available any offering designed to violate these terms (e.g., enable sending of spam, enable denial of service attacks, etc.).
- SUPPORT SERVICES. CompTIA and/or its suppliers provide support services for the CertMaster Product located at [email protected].
- ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the CertMaster Product including support services. If you have executed a volume license agreement with CompTIA, then such terms are also incorporated with, but do not replace, the terms contained in this Subscription Agreement.
- APPLICABLE LAW. Illinois state law governs the interpretation of this Subscription Agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
- LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the subscription for the CertMaster Product. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
- DISCLAIMER OF WARRANTY. The CertMaster Product is licensed "as-is." You bear the risk of using it. CompTIA gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, CompTIA excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from CompTIA and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
- anything related to the CertMaster Product, licensed content, software, services, content (including code) on third party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if CompTIA knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.