LICENSE AGREEMENT AND TERMS OF REGISTRATION


You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, tool or Content on the Web Site. Further, you agree not to attempt to reproduce the ENSYS.NET database of files in whole or in part or to extract, data mine or otherwise copy the Content of the Web Site, or any part thereof, including the proprietary Content of ENSYS.NET, either manually or automatically.


The following sets out the terms and conditions of use ("Terms of Use") governing your access to and use of the ENSYS.NET web site ("Web Site") as well as your relationship with ENSYS.NET. You agree to be bound by these Terms of Use by browsing, accessing or using the Web Site  or by downloading any materials or content.

These Terms of Use also incorporate other terms, conditions, rules, guidelines and requirements governing your use of particular Web Site products and services or your participation in related Web Site activities and the  ENSYS.NET Privacy Policy ("Privacy Policy"), as well as any other referenced or posted guidelines with respect to any Web Site product or service, activity, or content and materials (all such terms, conditions, rules and guidelines referred to collectively herein as these Terms of Use). These Terms of Use grant you a limited license to use the Web Site for personal, non-commercial use, as further described below and in the other incorporated terms, conditions, rules, guidelines and requirements.

Please read these Terms of Use (including the incorporated terms, conditions, rules, guidelines and requirements) carefully before using this Web Site or any of its related products and services or participating in its related activities. If you do not agree to these Terms of Use, do not use this Web Site or any of its related products and services or participate in any of its related activities.

ENSYS.NET reserves the right to amend, update or revise these Terms of Use at any time at its sole discretion. Your continued access or use of the Web Site (including any of its related products and services, activities and/or content or materials) following the posting of notice of any amendments, updates or revisions shall constitute your acceptance of and agreement to be bound by such changes. If you do not agree to any such changes, do not continue use of the Web Site or of the applicable products or services, activities, programs and/or content or materials. Your access and use of the Web Site, including its related products and services, activities, programs and/or its content or materials, at any time will be subject to the then-current posted Terms of Use. Please check back frequently for the most recent changes to the Terms of Use and all incorporated terms.



1. Permitted Use of Web Site

You may use the Web Site, including its related products and services, only in accordance with these Terms of Use and any other requirements of ENSYS.NET applicable to such products and services. You may use the Web Site as a subscription User as is further described below and on the Web Site. 

A. Registration Services – Registered Users Only

Generally, as a registered User of ENSYS.NET, you may use the Web Site as a source of training material for license exam preparation or professional development.

During the term of your Registration, you may access, view, open and, subject to the maximum permissible amounts, make limited amounts of copies, either in softcopy or printed copy, of the selected proprietary content of ENSYS.NET accessible for your level of Registration. In the event you meet or exceed the maximum permissible amounts of downloads or prints, you will receive a notice to contact ENSYS.NET customer support; you may request an extension of the above limits, however, ENSYS.NET shall be under no obligation to increase the daily limits specified above for any User.

ENSYS.NET has no obligation but reserves the right to monitor each User account for excessive downloads, and ENSYS.NET may terminate an account for excessive downloads upon notice to the User, as further described in Section 11 of this Terms of Use. After expiration or termination of your Registration, the proprietary content of ENSYS.NET may not be accessed, viewed, opened, copied or printed. Therefore, ENSYS.NET recommends Users download only the amount of proprietary content that can be reviewed during the applicable term and level of your Registration.


 

 

C. Limitations on Usage of All Services – Users

You acknowledge and understand that the content and materials accessed when using this Web Site, are made available merely as informational and study aids.  You further acknowledge and understand that all such Content, may be incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.

ENSYS.NET may modify the Web Site at any time, including change, add or discontinue any product or service made available on or through the Web Site to Users, change any ENSYS.NET proprietary content or materials, and add or discontinue available content or materials, and any such change, addition or discontinuance shall be effective immediately. Thereafter, your continued use of the Web Site, or of the applicable product, service or Content, will indicate your acceptance to any such changes, additions or discontinuances.

While using this Web Site, including any product, service or Content accessible on or through the Web Site  you agree to comply with all applicable laws, rules and regulations with respect to such use thereof, including with respect to all intellectual property and proprietary rights of ENSYS.NET and any third party.

1. Restrictions on Use of Web site

Any use of the Web Site not permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, performance, re-hosting, tampering, framing or embedding of this Web Site or its Content or tools, or any commercial use whatsoever of this Web Site or its Content or its tools, including charging others for access to or selling collections of Content gathered from the Web Site, is strictly prohibited without the prior written consent of ENSYS.NET

You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, tool or Content on the Web Site. Further, you agree not to attempt to reproduce the ENSYS.NET file database in whole or in part or to extract, data mine or otherwise copy the Content of the Web Site, or any part thereof, including the proprietary Content of ENSYS.NET, either manually or automatically.


2. Account Information and Maintenance



Each User's access to the Web Site's products and services is controlled by the User's username and password. The User agrees not to share the User's password with anyone else. Each User shall be responsible and liable for all activities that occur under the User's account or password, including any unauthorized use thereof. In instances where User requests support from ENSYS.NET, and to the extent necessary, User agrees to permit ENSYS.NET, at the time of such request, to log into User's account using User's password for the purpose of such support.

3. Intellectual Property Rights

You acknowledge and agree that the Web Site's database, including the proprietary content of ENSYS.NET, and the related products and services available on the Web Site are the property of ENSYS.NET. You further acknowledge and agree that, with respect to the proprietary content of ENSYS.NET, these Terms of Use provide only a limited permission to access and use such content to those Users with subscription accounts, and nothing contained in these Terms of Use grant to you or any third party any right, title or interest in or to the proprietary content of ENSYS.NET, and no license of any kind is granted to you or any third party to such content under these Terms of Use. "ENSYS.NET " is a service mark of ENSYS.  The copyrights, trademarks and other intellectual property rights in and to the content and materials on or made available through the Web Site are the property of ENSYS.

 

4. DISCLAIMER; LIMITATION OF LIABILITY

THE WEB SITE, INCLUDING ALL RELATED PRODUCTS AND SERVICES AND ALL CONTENT AND MATERIALS MADE AVALABLE ON OR THROUGH THE WEB SITE OR SUCH PRODUCTS OR SERVICES, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, AND YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE, OR ANY SUCH PRODUCT, SERVICE, CONTENT OR MATERIAL, IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, ENSYS.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEB SITE, ITS PRODUCTS AND SERVICES AND ANY CONTENT OR MATERIALS MADE AVAILABLE ON OR THROUGH THE WEB SITE. NEITHER ENSYS.NET, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE AND NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR MATERIALS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR ANY OF ITS RELATED PRODUCTS AND SERVICES, INCLUDING ANY ENSYS.NET PROPRIETARY CONTENT OR MATERIALS ACCESSED.
IN NO EVENT SHALL ENSYS.NET BE LIABLE, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY), FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, ARISING OUT OF OR RELATING TO THE PERFORMANCE OR NON-PERFORAMNCE OF ENSYS.NET OR THE USE OF OR INABILITY TO USE (INCLUDING SUSPENSION OR CLOSURE OF) THE WEB SITE OR ITS RELATED PRODUCTS OR SERVICES, OR ANY PARTS THEREOF, EVEN IF ENSYS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE OR ITS RELATED PRODUCTS OR SERVICES, IS TO DISCONTINUE USE OF THE WEB SITE OR THE APPLICABLE PRODUCT, SERVICE, CONTENT OR MATERIALS.

THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITIATIONS OF LIABILITY APPLY TO ANY DAMAGES ARISING OUT OF OR RELATED TO ANY PERFORMANCE, NON-PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OFOR IN, OR UNAUTHORIZED ACCESS, ALTERATION OR USE OF OR TO, THE WEBSITE OR THE CONTENT AND MATERIALS ACCESSED BY OR THROUGH THE WEB SITE OR ANY OF ITS RELATED PRODUCTS OR SERVICES. AND THAT THE RISK OF INJURY FROM ANY OF THE FOREGOING RESTS ENTIRELY WITH YOU.

FURTHERMORE, WITHOUT LIMITING THE FOREGOING, ENSYS.NET MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, WITH RESPECT TO ANY MATERIAL ACCESSED BY YOU. IN NO EVENT SHALL ENSYS.NET BE LIABLE, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY), FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, ARISING OUT OF OR RELATING TO ANY SUCH MATERIAL ACCESSED BY YOU.
 
5. Indemnification

You agree to defend, indemnify and hold harmless ENSYS.NET and its directors, officers, employees, representatives and agents, from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from any breach by you of these Terms of Use or from your use of the Web Site or any of its related products and services or Content, .Without limiting the foregoing, you agree to cooperate in the investigation or defense of any claim by any third party that has a contractual obligation to indemnify ENSYS.NET and/or you.



6. Termination and Monitoring

ENSYS.NET reserves the right to terminate your license to use the Web Site, your account and any subscription or registration in whole or in part, including to any product or service, activity, program or content and materials.

 

 

 

7. ENSYS COURSEWARE USER LICENSE AGREEMENT

 

ENSYS INTELLECTUAL RIGHTS, PROPRIETARY  RIGHTS, COPY-RIGHTS, TRADEMARKS

 

US COPYRIGHT LAWS ALLOW FOR $ 750 TO $ 150,000 PER ILLEGALLY COPIED OR SHARED FILE. THE ENSYS TRAINING PROGRAM CONTAINS UP TO 100000 FILES. ENSYS WILL TAKE LEGAL ACTION IN CASE OF USER LICENSE VIOLATION. IN CASE OF LICENSE AGREEMENT VIOLATION, THE USER AGREES TO REIMBURSE ENSYS AT THE MINIMUM RATE OF $ 750 PER FILE. ANY PERSON WHO REPORTS A USER VIOLATION WILL RECEIVE 50% OF ANY SETTLEMENT AWARD AND WILL RECEIVE IMMUNITY FROM ANY LEGAL ACTION.

DO NOT MAKE ILLEGAL COPIES OR SHARE ENSYS FILES

DO NOT SELL, LEASE, RENT, MAKE AVAILABLE ENSYS FILES TO ANYONE

DO NOT MAKE YOUR USERNAME AND PASSWORD AVAILABLE TO ANYONE

ENSYS FILES REMAIN PROPERTY OF ENSYS.

 

 

 

 

 

Users IP addresses are monitored, logged and documented

The user is assigned a single-user license.

Subject to the user-license agreement which restricts files for personal use only, the user is allowed to log in from any computer.

The user’s IP addresses, physical locations, ISP’s, browser type and login details such as date, login time, duration of login, history of links clicked, identity of files downloaded etc. are monitored and logged for the duration of his registration period.

Special tracking software.

 

 

 

It is my understanding that ENSYS ENGINEERING TRAINING of Orlando, Florida has developed certain training methods that it regards as proprietary and that it wishes to protect. The loss or compromise of such proprietary training methods could threaten if not damage ENSYS competitive position.

I, the undersigned, individually as well as on behalf of any organization, individual, person, structure or entity with which I may be associated, hereby acknowledge my obligation not to implement, modify, adapt or execute in any manner whatever the training methods, training structures, training programs, training information and or data of ENSYS.

This agreement applies to any data, whether financial, technical, scientific, or of a business nature that I learn from ENSYS  and I hereby acknowledge that I will see to it that no personnel in any organization, entity or structure with which I may in any manner be affiliated will receive any such restricted information unless he or she has agreed to fully protect all interests of ENSYS.

I freely agree not to use , nor permit any others to use any information of a restricted nature in any way that would be inconsistent with the rights of ENSYS.

NO-COMPETITION CLAUSE AND ROYALTIES

I  hereby acknowledge ENSYS  worldwide and internet accessible exclusionary zone of operations. I agree to restrict any business activity similar or of like nature to ENSYS  consistent

with its zone of operations. I further agree to pay  ENSYS royalties at the rate of 50 % basis gross business receivables, payable quarterly for use , implementation , modification or execution of any part of its training methodologies. I further consent to evaluation of such implementation  with final determination of  similarity to be made by ENSYS.

ENSYS MATERIAL 

I  hereby acknowledge ENSYS   intellectual rights,  copy-rights and proprietary rights. I understand that all ENSYS material will remain property of ENSYS and are made available  for personal use only and may not be made available to third parties. I further understand that ENSYS may recall any material at any time on a no questions asked basis. I agree to immediately surrender this material  when such a  recall  is  made. I understand that making ENSYS material available to third parties via copying, file sharing, duplication or any other form or means, will violate my agreement with ENSYS and will result in permanent exclusion of the user for any ENSYS courses or services  and will result in legal liabilities for copyright violation and infringement. I further understand that in case litigation is brought against me, that  in addition to damages at  $ 750 to $ 150,000 per file, I also will be liable for all attorney, court, and litigation costs of ENSYS. 

 License agreement

Carefully read all of the terms and conditions of this license agreement before using this product

This document is a legal agreement between you and ENSYS Engineering Training ( "ENSYS" ) concerning the use of this Courseware, defined below ."You" means the person or company who is being licensed to use this courseware.

1. LICENSE: subject to the terms of this agreement, ENSYS provides you with the files, the user manual ( " manual" ), and this license ( " license" ) collectively, the "Courseware" and grants you a nonexclusive, nontransferable, personal license to use the Courseware in accordance with the terms of his license. You acknowledge that ENSYS remains the owner of all files, programs, software, rights, title, and interest in the Courseware and in any copies of it.

YOU MAY

a. Install the Courseware on more than one computer system e.g. a desktop computer and a laptop computer normally used by the same person at different times, provided that the Courseware will not be used on more than one computer system simultaneously; any such simultaneous use requires a separate license for each computer system, unless you have acquired a Network Multi-User License defined below.

b. Make copies of the Courseware only for archival or backup purposes; and in a Network Multi-User License, make the same number of copies of the Manual as the number of authorized users defined below provided that all copies of the documentation contains no original copyright notice and all proprietary legends .

c. If the Courseware is an upgrade or trade up from a previous version,  you may use the Courseware only if you are an authorized user of a qualifying product as determined by ENSYS .when you install the upgrade or trade up, you must delete the copy of the qualifying product .

YOU MAY NOT:

a. Use the Courseware or make copies of it or allow others to use or make copies of the courseware except as expressly permitted in this License or otherwise authorized in writing by ENSYS .

b. Translate, reverse engineer, decompile or disassemble the Courseware, except to the extent the foregoing restriction is expressly prohibited by applicable law.

c. Rent, lease, time-share, sublicense, allow access to, assign or otherwise transfer, in whole or part, the Courseware except as set out above .

d. Modify the Courseware or merge all or any part of the Courseware in another courseware or create derivative works based on the Courseware .

e. Remove, obliterate, alter or obscure any copyright, trademark, confidentiality, or other proprietary notice, mark, or legend or serial number appearing on any off the Courseware or output generated by the Courseware .any such marking will be reproduced and included on each copy made in accordance with this agreement .

f. Export the Courseware or the contained technical data outside of the country in which you received the Courseware without obtaining proper authorization from ENSYS and, if applicable, any government, state, national or other competent agency .

g. Downloads or transmit the Courseware electronically either by a direct connection or telecommunication transmission from one computer to another, except as may be specifically allowed in using the Courseware on a computer network if you have licensed a Network Multi-User License .

h. You may not give your username and password to any other party.

i. You may not allow other users access to the program.

Use on a network

if your purchase order indicates that you have purchased a Network Multi-User License of this Courseware, you may use your copy of this Courseware on a single computer network and the number of users on that network is limited to the number of users ( Authorized Users ) in the locations ( Authorized Locations ) specified in the purchase order entered into between you and ENSYS ( purchase order ) or in a subsequent written confirmation by ENSYS of additional users/locations . A computer network is any electronically linked configuration in which two or more users have common access to software or data, such as set a LAN or a WAN . The number of users is considered to be the greater of

(i) the maximum number of computers on which the Courseware is actively running at any one time,

(ii) the maximum number of computers on which the Courseware is stored, or

(iii) the maximum number of concurrent users off the Courseware at any given time.

If you wish to increase the number of Authorized Users or add Authorized Locations, you must contact ENSYS and purchase additional license rights. in no event may (1) the total number of users exceed the number of authorized users and (2) total number of users in an authorized locations exceed the number of authorized users licensed for an authorized location. Under the Network Multi-User License, the Courseware may only be used by users logged on to the network, and copies of the Courseware may not be downloaded to local workstations to be used without being logged onto the network .

Use on a multi-user system: If this is a license for use on a computer running Microsoft server software, Linux server software or any other server software, you may use the Courseware as long as the number of Client Access Licenses for this computer does not exceed the number of Authorized Users under this license. If you desire to use any remote access software to access this Courseware, you must first contact and obtain permission from ENSYS.

If you wish to increase the number of Authorized Users, you must contact ENSYS and purchase additional license rights.

2. PROTECTION OF SOFTWARE AND COPYRIGHT. ENSYS has ownership of all copyrights on the Courseware and associated documentation, and on any and all copies as authorized under this License. ENSYS reserves any rights not expressly granted to you hereby. You may be subject to legal penalties for any and all vilations of copyright arising from the non-compliance on your part with the terms of the present license. You acknowledge that the Courseware constitute valuable trade secrets of  ENSYS. You agree to secure and protect the Courseware consistent with the maintenance 

of ENSYS rights in the Courseware, as set forth in this License. You agree that, except as specifically provided herein, you will not disclose or otherwise make available any part of the Courseware to any third party on any basis. This section shall survive any termination of this License.

Injunctive Relief.

You acknowledge that the transfer of, or the unauthorized use or disclosure of the Courseware copies thereof will

(i)  substantially diminish the value to ENSYS of the trade secrets and other proprietary interests that are the subject of this License

(ii)  render ENSYS’s remedy at law for such transfer, or unauthorized use or disclosure, inadequate;

(iii) cause irreparable injury in a short period of time. 

If you breach any of your obligations with respect to the trade secrets and other proprietart interests that are the subject of this License, ENSYS shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.

3. TERM AND CANCELLATION. The term of this license commences upon delivery of the Courseware to you and your acceptance of this License Agreement. The term is perpetual unless earlier terminated. Any breach on your part of the terms and conditions of this License shall automatically confer on ENSYS the right to immediately cancel the present license without forewarning and without affecting any other rights of recourse at law available to ENSYS. In the event of cancellation of this license, you agree to undertake immediately to restore to ENSYS the Courseware and the documents accompanying it, and as the case may be, to immediately destroy and erase any and all copies of the Program and Manual that you may have made. You may terminate this License at any time by destroying or returning to ENSYS all copies of the Courseware in your possession or under your control.

4. LIMITED WARRANTY.

ENSYS shall have no warranty obligations with respect to any part or parts of the Courseware.

5. DISCLAIMER

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, REGARDING THE PROGRAM, MEDIA OR MANUAL AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTY OF TITLE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING.

ENSYS DOES NOT WARRANT OR GUARANTEE THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THIS COURSEWARE WILL BE UNINTERRUPTED OR THAT THIS COURSEWARE IS ERROR FREE. AS A RESULT, THE COURSEWARE AND DOCUMENTATION IS LICENSED “AS IS” , AND YOU ASSUME THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
ANY AUDIO-FILES IN THE TRAINING PROGRAM ARE OFFERED ON A SUPPLEMENTARY BASIS ONLY. NOT ALL THE WHITEBOARD FILES WILL HAVE ASSOCIATED AUDIO-FILES.

6. LIMITATION OF LIABILITY

In no event shall ENSYS be liable for any loss or damage of whatever nature, direct or indirect, caused to yourself or suffered by yourself or by a third party, and notably loss of use, loss of data, or incidental, special, punitive, exemplary, or consequential damages or any other financial loss arising from or connected with this License or the use or inability to use the Courseware and the documents accompanying it, even if ENSYS has been forewarned of such loss or damage. Under no circumstances shall the liability of ENSYS exceed the amount paid to purchase the Courseware.  SUPPORT

ENSYS will attempt to answer your technical support requests concerning the Courseware; however this service is offered at a reasonable cost basis only, and ENSYS may not be able to resolve every support request. ENSYS supports the Courseware only if it is used under conditions for which the Courseware was designed.

IN NO EVENT WILL ENSYS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY KIND RESULTING FROM THE DELIVERY OF TECHNICAL SUPPORT SERVICES OF ANY KIND. THIS INCLUDES BUT IS NOT LIMITED TO, DAMAGE TO YOUR COMPUTER EQUIPMENT AND THE LOSS OF YOUR DATA.

8. EXPORT LAW ASSURANCES:

If this product includes encryption software, you acknowledge and agree that the Courseware is subject to the restrictions and controls imposed by the United States Export Administration Act ( the “Act” ) and the regulations thereunder. You agree and certify that, except with the prior written consent of ENSYS and in accordance with the Act and regulations issued by the Bureau of Export Administration of the US Department of Commerce, Washington DC 20230, neither the Courseware not any other technical data received from ENSYS, nor the direct product thereof, will be qcquired, shipped, transferred or transmitted, directly or indirectly, or exported outside the United States and specifically not to any Group Q, S, W, Y or Z country specified in Supplement No. 1 to Section 370 of the Export Administration Regulations issued by the US Department of Commerce.

9. USAGE AGREEMENT APPLYING TO ENCRYPTION SOFTWARE:

If this product includes encryption software, by downloading, purchasing and/or encryption software you are certifying that the following are true:

a. you have researched and understand the laws imposed on the import and domestic usage of cryptographic products in your country and you agree to comply with, and will not break any of these laws by acquiring and/or using encryption software. Without limiting the generality of the foregoing, you will not export or re-export the encryption software of any product thereof in violation of such laws and regulations, or without all necessary approvals.

b. You have researched and understand the laws imposed on the export of cryptographic products from United States to your country and you agree to comply with, and will not break any of these laws by acquiring and/or using encryption software. 

c. You are NOT located in, are NOT controlled by, and are NOT a national resident of, a country or area identified as “ dangerous” by the United States, or a country subject to US trade sanctions covering encryption products, including but not limited to Iraq, Libya, Iran, Sudan, Syria, Cuba, and North Korea, and you are NOT on the US Treasury Department’s list of Specially Designated Nationals and Blocked Persons, or the US Commerce Department’s Table of Denial Orders.

d. You are NOT, for any reason, restricted from acquiring or using cryptographic products by any means.

e. You agree to accept solely any and all legal responsibility for and bear the consequences of any laws or regulations you break by acquiring or using encryption software.

f. You will NOT use encryption software as an evasive tool against any law enforcement agency, international or otherwise.

g. You will use encryption software as a peaceful means of protecting your own personal data or trade secrets.

10. US GOVERNMENTAL RESTRICTED RIGHTS. If you are acquiring the Courseware on behalf of any unit or agency of the United States Government, the following provisions apply: The Government acknowledges ENSYS’s representation that the Courseware and its Documentation were developed at private expense and no part of them is in the public domain. The Courseware and/or Documentation are provided with restricted and limited rights. Use, duplication or disclosure by the US Government is subject to restrictions as set forth in Federal Acquisition Regulations ( FAR ) 52.227-14 ( June 1987 ) Alternate III (g)(3)(June 1987), subparagraph © (1)(ii) of the Rights in Technical Data and computer Software clause at Department of Defense Federal Acquisition Regulations Supplement (DFARS) 252.227-7013 (June 1988 ), or the Commercial Computer Software-Restricted Rights at FAR 52.227-19 (June 1987), or Clause 18-52.227-86(d) of NASA Supplement to the FAR, as applicable.

Contractor/Manufacturer is ENSYS Engineering Training, 4250 Alafaya Trail, Suite 212-408, Oviedo, Florida 32765.

11. GOVERNING LAW: ENSYS is a Florida business with its principal place of business at 4250 Alafaya Trail, Suite 212-408, Oviedo, Florida 32765. This License shall be governed by and construed in accordance with the substantive laws ( i.e., without applying conflicts of law rules ) of the State of Florida, United Stated of America as if this contract were executed and performed entirely in and by the residents of Florida. This license agreement is written in English and English is the controlling language of this agreement.

12. MISCELLANEOUS: This License and the Purchase Order are the sole and entire agreements between you and ENSYS, supersede any prior oral or written agreements, discussion, or negotiations, and may not be changed except by a written agreement signed by you and ENSYS. You agree that this License need not be signed to take effect. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the License and the other provisions shall remain in full force and effect.

Acceptance of any Purchase Order placed by you in conjunction with purchase of this Courseware is expressly made conditional on your assent to the terms of this license and that no terms and

conditions of the Purchase Order will override terms and conditions contained in this license.

You agree that you will not use this Courseware to infringe copyrights or perform any other illegal act. Independent of the foregoing provisions, you agree to defend and indemnity ENSYS against, and hold ENSYS harmless from, any and all claims, damges, losses, and expenses of any kind arising from or connected with the operation of your business or any improper or illegal use, by you, of this software.

You may receive the Courseware electronically or on more than one media. Regardless of type or size of media you receive, you may only use the Courseware as described in this License Agreement.

If you have any questions concerning this Agreement, contact ENSYS at 4250 Alafaya Trail, Suite 212-408, Oviedo, Florida 32765.

Copyright 2003 ENSYS Engineering Training. All rights reserved.

 

1. NOTICE OF WITHDRAWAL

I understand that I must give notice of withdrawal in writing or by e-mail. The effective date of withdrawal will be the date that such notice is received.
2. REFUNDS

After the user has started the program there is no refund for any payments made.
3. INSTALLMENT PLAN
Users on the installment plan who withdraw from the program before the end date of their registration period agree to make payment for the balance of tuition at the undiscounted, regular price as advertised on the web-site.

5. FUTURE ENROLLMENT

No credit of any payments of the currently attended program will be applied toward future enrollment.

When the user enrolls in a future program, the entire program fee at the list price will apply, payable on a full prepayment basis upfront.
6. TECH- SUPPORT

ENSYS Tech-Support is delivered via the ENSYS TECH-SUPPORT CENTER

ENSYS will only attempt technical support for ENSYS system and program related issues. 

ENSYS will not offer support for user-specific software/hardware/internet/ISP/internet connection issues

ENSYS program-related user installation, system, internet and technical support will be attempted as follows:

Live 24/7 toll-free phone support at 1.800.499.5941

email-support: ensyscorp@earthlink.net

7. ACADEMIC SUPPORT
Academic support is not included in the Essentials Version.
Academic support is offered as an upgrade in the Standard and Plus Versions at additional cost.

8. DISCLAIMER

(a). Due to the interconnected nature of the internet there is no garantuee that the user will be able to connect to the class. ENSYS will only attempt to install the user. In case the user is unable to connect, ENSYS will only be liable for refunding payments made by the user. ENSYS will not be responsible for any other costs incurred by the user in order to connect to the class.

ENSYS will only attempt to install the user. In case the user is unable to connect, ENSYS will not be liable for refunding payments made by the user. ENSYS will not be responsible for any other costs incurred by the user in order to connect to the class.

(b). It is the user’s responsibility to set up his computer equipment, operating system and internet connections in order to access the ENSYS programs.

ENSYS will not be held responsible for local issues such as computer configurations, operating systems, internet connections at the user’s end.

(c). ENSYS will not be liable for any cost such as computers, operating systems, networks, dial-up accounts etc. incurred by the user in order to access the class.

(d). ENSYS will not be liable for any financial or economic consequences in case the user does not pass any exams.

(e). In case the ENSYS program is terminated before the scheduled end date due to equipment problems, ENSYS will not be held responsible for any financial or

economic consequences to the user.

ENSYS will not refund the unused balance of the course. ENSYS will not make refunds for any session time during which the user was registered.

(f) ENSYS will not be responsible for any software/hardware/system conflicts, crashes or damage.

( g ) The user agrees not to attempt charge-backs of any payments made via credit cards. Attempts at charge-backs will result in forwarding of the user’s account to collection agencies and credit bureaus.
ACCEPTANCE INTO THE TRAINING PROGRAMS
ENSYS reserves all rights to determine if the training program will meet the requirements of the user. In case ENSYS determines that the training program will not meet the user’s demands, requirements or expectations, the user will not be accepted or will be terminated from the program.



 

8. GENERAL RELEASE
This Release is entered into freely and voluntarily and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, heirs, successors and assigns. In case the first party violates any condition of this General Release the first party agrees to compensate the second party in the amount of ten thousand dollars per violation ( to be paid with interest from the date of each violation ) including all legal, administrative and other costs incurred by the second party in responding to the release violation.

The user, individually, for themselves and for their predecessors, heirs, and assigns ( hereinafter referred to collectively as the "first parties"), for good and valuable consideration, the receipt and sufficiency of which and hereby acknowledged, do

HEREBY remise, release, acquit, satisfy and forever discharge, ENSYS ( hereinafter referred to as the "second party") of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgements, executions, publicity, claims, complaints and demands whatsoever, in law or in equity or any other form, whether or not heretofore asserted, and whether known or unknown, which first parties, hereafter can, shall or may have, against second party, or the second party's respective heirs, executors, administrators, successors and assigns ( and, with respect to such entities, their respective officers, directors, stockholders, partners and affiliates ) for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of these presents.

IT IS EXPRESSLY UNDERSTOOD that the facts in respect of which this Release is made may hereafter prove to be different from the facts known by the first parties or believed by them to be true, and that facts not now known may be subsequently discovered. The first parties expressly accept and assume the risk of facts proven to be different or the discovery of facts not now known and agree that all the terms of this Release shall be in all respects effective, and that no mistake as to such facts, whether mutual or unilateral, nor any discovery of facts not now known, shall justify rescission of this Release.