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Alpha Tech Solutions Corporation, Seattle Washington
1. Software License Agreement
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING OR USING ALL OR ANY PORTION OF THE TRAINING YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USAGE, TRANSFERABILITY, WARRANTY, LIABILITY AND SPECIFIC PROVISIONS AND EXCEPTIONS ARE COVERED IN GREAT DETAIL IN THIS DOCUMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE TRAINING AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE TRAINING. VISIT http://www.Alpha-Tech-Solution.com FOR TERMS OF AND LIMITATIONS ON RETURNING THE TRAINING FOR A REFUND.
You may have another written agreement directly with Alpha Tech Solutions Corporation (e.g., a volume license agreement) that supplements or supersedes all or portions of this agreement.
Alpha Tech Solutions Corporation owns all intellectual property contained in this training. The Training is licensed, not sold. Alpha Tech Solution Corporation permits you to download and use, or otherwise benefit from the functionality or intellectual property provided in the training only in accordance with the terms of this agreement.
For the purposes of this document "Alpha Tech” means Alpha Tech Solutions Corporation, a Seattle Washington based company operating under Washington State Law.
2. License.
As long as you obtained the Training from Alpha Tech Solutions Corporation we grant you a non-exclusive license to use the Training in the manner and for the purposes described in this agreement.
General Use. You may download and use one copy of the Training on the Permitted Computer; or Volume License. In the case of a volume license agreement you may download the Training on the number of agreed (licensed) Computers.
Added files and documentation. Unless otherwise stated you may not display, modify, reproduce and distribute the training or any part thereof.
3. Intellectual Property Ownership.
The Training and any authorized copies that you make are the intellectual property of and are owned by Alpha Tech Solution Corporation. The structure, audio, organization and content of the Training are the valuable trade secrets and confidential information of Alpha Tech Solution Corporation. The Training is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Training and all rights not expressly granted are reserved by Alpha Tech Solutions Corporation.
4. Restrictions.
Notices. You may not copy the Training. Any permitted copy of the Training that you make must contain the same copyright and other proprietary notices that appear on or in the Training.
No Modifications. You may not modify, adapt or translate the Training.
No Unbundling. You may not unbundle or repackage the Training for distribution, transfer or resale.
No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE TRAINING, OR AUTHORIZE ANY PORTION OF THE TRAINING TO BE COPIED ONTO ANOTHER INDIVIDUAL’S OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE PERMITTED HEREIN. You may, however, transfer all your rights to use the Training to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Training and everything that’s bundled with it, including all copies, upgrades, updates and prior versions (b) you retain no upgrades, updates or copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Training. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, OR NOT FOR RESALE COPIES OF THE TRAINING. Prior to a transfer Alpha Tech Solutions Corporation may require that you and the receiving party confirm in writing your compliance with this agreement, provide Alpha Tech Solutions Corporation with information about yourselves, and register as end-users of the Training. Allow 2-4 weeks to transfer. Please visit http://www.Alpha-Tech-Solutions/support or contact Alpha Tech Solution Corporation’s Customer Support for more information.
5. LIMITED WARRANTY.
Alpha Tech Solutions Corporation warrants to the individual or entity that first purchases a license for the Training for use on Computers pursuant to the terms of this agreement that the Training contains information relevant to the subject matter advertized. Alpha Tech Solutions Corporation does under no circumstances provide refunds on training material.
6. DISCLAIMER.
THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY ALPHA TECH SOLUTIONS CORPORATION. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ALPHA TECH SOLUTIONS CORPORAION PROVIDES THE TRAINING AND ACCESS TO ANY WEBSITES, ONLINE SERVICES AND CD SERVICES AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY.
IN NO EVENT WILL ALPHA TECH SOLUTIONS CORPORATION BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN ALPHA TECH SOLUTIONS CORPORATION REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ALPHA TECH SOLUTIONS CORPORATION’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE TRAINING, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this agreement limits Alpha Tech Solution Corporation’s liability to you in the event of death or personal injury resulting from Alpha Tech Solution Corporation’s negligence or for the tort of deceit (fraud). For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact the Alpha Tech Solutions Corporation’s Customer Support.
8. Export Rules.
You agree that the Training will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Training is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Training. All rights to use the Training are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
9. Governing Law.
This agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the State of Washington, if a license to the Training is purchased when you are in the United States, Canada, or Mexico you agree that the King County, Washington State Law applies to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
This agreement may only be modified by a writing signed by an authorized officer of Alpha Tech Solutions Corporation. The agreement and the Training is at this point ONLY available in English.
10. Notice to U.S. Government End Users.
U.S. Government Licensing of Alpha Tech Solutions Corporation. You agree that when licensing Alpha Tech Solutions Corporation Training for acquisition by the U.S. Government, or any contractor of the U.S Government, you will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for the Department of Defense). For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference in this agreement.
If you have any questions regarding this agreement or if you wish to request any information from Alpha Tech Solutions Corporation please use the address and contact information on our website: http://Alpha-Tech-solutions.com
Alpha Tech Solutions Corporation are trademarks of the company in the United States and/or other countries.
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