This Limited Software License Agreement for BetterDevelopmentPlans.com™ ("Agreement") is an agreement between you, and Experience Based Development Associates, LLC (EBDA) ("Licensor"). The BetterDevelopmentPlans.com™ website and tools is referred to herein as the “SOFTWARE”. YOU MAY ONLY ACCESS THE SOFTWARE WITH A VALID ACCOUNT (“YOUR ACCOUNT”). BY DOING SO, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU ARE NOT PERMITTED TO USE THE SOFTWARE. For questions, contact firstname.lastname@example.org
1. License. Subject to this Agreement and your acceptance and compliance with it, Licensor grants to you a non-exclusive, revocable and limited right to use the Software. "Software" includes all data files, screen displays, other written, electronic or on-line materials or documentation. You acknowledge and agree you are not receiving any ownership or property right, title, or interest in or to the Software or the copyrights, or trademarks. In exercising your limited rights hereunder, you shall comply at all times with all applicable laws, regulations, ordinances, and statutes. Licensor reserves all rights not granted in this Agreement.
1A. For Enterprise Accounts Only. If your account islicensed on your behalf through your work or other Enterprise or organization (the ENTERPRISE), you must also accept the Enterprise Privacy terms below. Your personal data may be used more expansively when part of an ENTERPRISE agreement.
Enterprise Privacy. Your personally identifiable data and output from the software may be shared with otherswithin the ENTERPRISE organization. This use is limited to sharing for the purpose of providing you coaching and/or other advice. In addition, your personally identifiable data and output will be shared for the purpose of identifying leadership development trends and needs within the ENTERPRISE. Licensor assumes NO responsibility for monitoring the appropriateness of such uses by ENTERPRISE, and is not responsible in the event your information is used improperly.
2. Prohibitions. You, whether directly or indirectly, shall not do any of the following:
3. Distribution and Copying Prohibited. You shall not distribute the Software unless you first enter into a separate written contract with Licensor, on terms and conditions determined in Licensor's sole discretion, and only upon your receipt of a written agreement executed by an authorized officer of Licensor.
4. Intellectual Property Rights. Licensor owns 100% of the Software. This includes all copyrights, trademarks, and all other conceivable related intellectual property rights. You must treat the Software like any other copyrighted material, as required by 17 U.S.C. § 101 et seq. and other applicable law. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement. You agree that you are receiving access to the Software by license only and not by sale and that the "first sale" doctrine of 17 U.S.C. § 109 does not apply to your receipt or use of the Software. This Section shall survive the cancellation or termination of this Agreement.
5. Account Termination and Information Collection;Passwords. When you purchase a paid subscription, a term length is specified. Absent notice to the contrary, paid subscriptions are active for the length of the subscription’s term. No refunds will be granted;no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to Your Account once the subscription period has terminated. After your subscription ends, your saved work/reports will made available to you via email@example.com
In no event shall Licensor be held responsible for any damage in the event your passwords are disclosed, including but limited to any damage that occurs to Your Account, or your data. Licensor shall not be liable for any financial or emotional damage or distress you may suffer and/or for subsequent loss or damage to Your Account as a result of the disclosure of your passwords to a third party. You shall not disclose your password to any third party or allow anyone to use your password to access Your Account, or to use the Software. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the password of anyone else. SUCH DISCLOSURE AND/OR USE IS A BREACH OF THIS AGREEMENT.
6. Disclaimer of Warranties. LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR ANY WARRANTIES ARISING UNDER ANY STATUTE, COURSE OF DEALING, OR OTHER LEGAL REQUIREMENT OR OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. LICENSOR DOES NOT WARRANT OR REPRESENT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. In addition, you acknowledge that LICENSOR is not responsible for the Internet or whether it should continue to exist in its present form or whether or not a government or governmental agency, either foreign or domestic, will control, regulate or disband the Internet. Use of the Internet is at your sole risk.ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY LICENSOR AND SHOULD NOT BE RELIED UPON. THIS SECTION SHALL SURVIVE THE CANCELLATION OR TERMINATION OF THIS AGREEMENT. You should not rely exclusively on the software, data, or output for the purpose of making significant career decisions.
7. Governing Law, Venue, Indemnity, and Liability Limitation. This Agreement shall be construed in accordance with and governed by the applicable laws of the State of Minnesota and applicable U.S. federal law. Exclusive venue for all litigation regarding this Agreement shall be in Hennepin County, Minnesota USA, and you agree to submit to the jurisdiction of the federal and state courts in Hennepin County, Minnesota, for any such litigation. LICENSOR, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSS OF DATA OR RECORDS, DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF PROFITS, LOST SAVINGS, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, THIRD PARTY CLAIMS, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF LICENSOR OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF LICENSOR OR ITS AGENTS RECEIVE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Section shall survive the cancellation or termination of this Agreement. IN NO EVENT SHALL THE ENTIRE LIABILITY OF LICENSOR ARISING FROM OR IN ANY WAY RELATED TO THE SOFTWARE OR ANY PART THEREOF, OR THIS AGREEMENT, EXCEED IN THE AGGREGATE THE FEES PAID BY YOU, OR ON YOUR BEHALF IN RESPECT OF YOUR USE OF THE SOFTWARE OVER THE PRIOR TWELVE (12) MONTH PERIOD.
8. United States Government Restricted Rights. To the extent applicable, the United States Government shall have only those rights to use the Software as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204, inclusive.
Cookies. Licensor uses "cookies" for authentication and other purposes. We do NOT allow third party cookies.
Personally Identifiable Data ("PERSONAL DATA"). Licensor will take reasonable steps to protect your PERSONAL DATA. Licensor may disclose PERSONAL DATA, including but not limited to when compelled to do so by subpoena or other formal requests during litigation.
9. General Provisions. Immediately upon termination of this Agreement, any and all your rights hereunder shall terminate. You shall stop using the Software. All your rights granted hereunder will revert, without notice, to Licensor.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS, OR UNDERSTANDINGS, IF ANY, BETWEEN LICENSOR AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
You may contact Experience Based Development Associates. LLC at firstname.lastname@example.org.