USCCA E-Learning Modules Limited License Agreement And Liability Release, Waiver And Indemnification Agreement
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LIMITED LICENSE AGREEMENT (“LICENSE AGREEMENT”) BEFORE PURCHASING THIS POWER POINT PRESENTATION, AND RELATED EDUCATIONAL MATERIALS AND VIDEOS (COLLECTIVELY THE “PRODUCT”). DELTA DEFENSE, LLC IS WILLING TO GRANT YOU A LIMITED LICENSE TO USE THE PRODUCT ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. “YOU” MEANS THE INDIVIDUAL PURCHASING THE PRODUCT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND DELTA DEFENSE, LLC. BY CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” OR “CLOSE WINDOW” BUTTON AND DO NOT COMPLETE THE PURCHASE.
Ownership of Product
The Product (including any product packaging, documentation, supplements, videos, and books) is the property of Delta Defense, LLC, and is protected by intellectual property and copyright law. Although Delta Defense, LLC continues to own the Product, after your acceptance of this License Agreement you will have certain rights to use the Product as set forth below. All rights not expressly granted to you by this Licensing Agreement are retained by Delta Defense, LLC.
Grant of Limited License
- Right To Use. Subject to the terms and conditions of this License Agreement, Delta Defense, LLC hereby grants to you, and you hereby accept, a non-exclusive, non-transferable, non-assignable limited license, without the right to sublicense, to use the Product for educational purposes only. You are not authorized to use the Product in any manner not specifically authorized by this License Agreement.
- Sale. You are not authorized to sell the Product.
- Reproduction. You are not authorized to reproduce or transmit the Product or any part of the Product by any means whatsoever, including but not limited to electronic, mechanical, photocopy, recording, or otherwise, without first obtaining written consent from Delta Defense, LLC. To obtain written consent, you may email Delta Defense, LLC with your request to [email protected]. You are not authorized to use the Product or any portion thereof to create derivative works, including but not limited to any online course.
- Distribution. You are not authorized to distribute the Product or any portions thereof in any manner including but not limited to electronic, mechanical, photocopy, recording, or otherwise to any other individuals. You are not authorized to post the Product or any portions thereof on any social media platform or other websites including, but not limited to YouTube or your website.
Rights Reserved and Trademarks
Notwithstanding any rights licensed hereunder, all rights relating to the Product, including without limitation any copyrights related thereto, are expressly reserved by Delta Defense, LLC. Nothing in this License Agreement authorizes you to use Delta Defense, LLC’s or USCCA’s trademarks, logos, or other marks in any manner other than as placed on the Product by Delta Defense, LLC.
Liability
You accept full responsibility for your use of the Product and you hereby release, indemnify, agree to defend, and hold Delta Defense, LLC, its officers, directors, members, owners, agents, or assigns harmless from any and all claims or causes of action (including any and all damages and attorney fees) that you might have or that are made by any third parties arising out of or related in any way to your use of the Product or this License Agreement.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DELTA DEFENSE, LLC BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF THE PRODUCT. IN NO CASE SHALL DELTA DEFENSE, LLC’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT.
Governing Law
This License Agreement shall be governed by the laws of the State of Wisconsin, and any action arising out of this License Agreement shall be brought in the State Circuit Court for Washington County Wisconsin. You waive any challenge to the venue or jurisdiction in Washington County State Circuit Court. This License Agreement: is the entire agreement between you and Delta Defense, LLC relating to the Product; supersedes all prior oral or written communications, proposals, and representations with respect to the Product; and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. Delta Defense, LLC may terminate this License Agreement if you breach any term contained herein and, if such termination occurs, you must cease use of and destroy all copies of the Product.