|
 
MultiGen-Paradigm Training Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS TOGETHER WITH THE TERMS AND
CONDITIONS OF THE AGREEMENT FOR MULTIGEN-PARADIGM INC. (MultiGen-Paradigm)
SOFTWARE LICENSE OR LOAN AGREEMENT WILL APPLY TO ANY ORDER ACCEPTED
ONLY ON THESE TERMS. NO ADDITIONAL TERMS OR MODIFICATION WILL BE
ACCEPTED. THE CUSTOMER AGREES THAT ATTENDANCE AT A CLASS OR ACCEPTANCE
OF DELIVERY OF ANY EDUCATION MATERIALS FROM MULTIGEN-PARADIGM IS
CONCLUSIVE OF THE CUSTOMER'S AGREEMENT THAT SUCH ORDER IS GOVERNED
BY THESE TERMS.
CLASSES AND EDUCATIONAL MATERIALS
The classes and education materials eligible to be ordered under
these Terms are those so designated in the MultiGen-Paradigm Training
Price List in effect from time to time, or as otherwise specified
by MultiGen-Paradigm. Classes and educational materials may be withdrawn
from the price list by MultiGen-Paradigm at any time without notice.
Classes are available at MultiGen-Paradigm's training facilities,
and on special request agreed to by MultiGen-Paradigm, on the Customers
premises.
Education materials may be available in printed, computer, audio,
or video form. Individual copies of education materials are available
for purchase or licensed as specified in their price list. Licensed
education materials may be used during a stated Usage Period. At
the end of the Usage Period, the customer agrees to return, erase,
or destroy the licensed materials. The Usage Period and disposition
of licensed materials will be as specified by MultiGen-Paradigm.
The Customer's use of education materials is subject to the section
of these Terms entitled "License."
The provisions of these Terms relating to educational materials
also apply to materials provided to the Customer in conjunction
with a class and not otherwise covered by another contract between
the Customer and MultiGen-Paradigm.
ORDERING, AVAILABILITY, and SHIPMENT
The procedures for enrolling in classes and for ordering educational
materials will be those contained in the appropriate price list
and registration forms.
CLASSES AT CUSTOMER LOCATIONS
Classes on Customer premises will be scheduled by mutual agreement;
however, the requested start date must be within one year of the
date of the request, and at least 30 days after the date of request.
All schedules may be revised by mutual agreement.
INSTRUCTOR AVAILABILITY
MultiGen-Paradigm will provide instructors for the scheduled classes.
However, schedules may become subject to circumstances beyond MultiGen-Paradigm's
control. Should a MultiGen-Paradigm instructor be unable to perform
the instruction as scheduled, MultiGen-Paradigm will in good faith
attempt to replace such employee within a reasonable time. MultiGen-Paradigm
shall not, however, be liable for failure to replace such employee
within the original schedule. In all situations, MultiGen-Paradigm's
only liability shall be to reschedule the class or refund class
fees.
SHIPMENT of MATERIALS
Following MultiGen-Paradigm's availability date, MultiGen-Paradigm
will normally ship educational materials within 30 days after the
receipt of an order. MultiGen-Paradigm does not, however, represent
or warrant that shipment dates will be met.
CHARGES
The prices for classes and education materials set forth in the
Price List are for information purposes only. Prices are subject
to change by MultiGen-Paradigm without notice.
Prices for classes at MultiGen-Paradigm locations will be those
in effect on the date the class begins, or on the date the Customer's
payment is received at MultiGen-Paradigm, San Jose. Class prices
include the use of required educational materials and equipment.
The class price does not include student travel or living expenses.
Prices for classes on Customer premises are calculated individually
and are contingent on the Customer providing appropriate classroom
space, facilities and equipment.
Education and Training materials will be shipped to the Customer
with shipping charges paid by MultiGen-Paradigm. Any special shipment
requested by the Customer will be at the Customer's expense.
In addition to the charges due for orders placed subject to these
Terms, the Customer agrees to pay an amount equal to any taxes resulting
form these orders, or any related activities hereunder, exclusive
of property taxes on leased materials and taxes based on net income
unless they are excluded, by law, from doing so.
Charges for classes and educational materials will be invoiced
and payment will be due in accordance with provisions set forth
in the price list.
CANCELLATION LIABILITY
If the class is canceled by MultiGen-Paradigm for any reason, MultiGen-Paradigm's
liability is limited to the refund of course fees.
LOSS OR DAMAGE
During the period licensed or purchased educational materials are
in transit, MultiGen-Paradigm relieves the Customer of the responsibility
for risk of loss or damage to the material. If any licensed educational
materials are lost or damaged while in the possession of the Customer,
MultiGen-Paradigm will replace them subject to charges for reproduction
and distribution. The Customer agrees to return such damaged materials
to MultiGen-Paradigm with shipment costs prepaid by the Customer.
LICENSE
Except as expressly provided below, no right is granted to copy
or distribute, in whole or in part, in any form or by any means
the copyrighted educational materials provided to the Customer under
these Terms, nor is any right granted to allow the creation of derivative
works based upon such copyrighted educational materials. Nothing
contained in these Terms shall be construed as conferring any right
to use any trade names, service names, service marks, trademarks,
or other designations of MultiGen-Paradigm or its affiliates, apart
from their incidental appearances in the titles, text, and illustrations
of the educational materials. The use of audio or video recording
or camera equipment in MultiGen-Paradigm classrooms is not permitted
without proper written approval by MultiGen-Paradigm.
This license grants modification to training source material insofar
as the modifications are limited to presentation, and the inclusion
of customer specific extensions for training purposes.
Certain printed materials contain pages which are intended to be
reproduced either in printed form or in the form of transparencies
which can be projected onto a screen for viewing. The customer is
hereby granted permission to reproduce designated printed pages
of such educational materials for such limited purposes.
With respect to reproduction of printed material permitted above,
the Customer agrees to include MultiGen-Paradigm copyright notice
in a manner similar to MultiGen-Paradigm's placement of the copyright
notice on the original designated pages. in the case of transparencies,
the copyright notice is to be included so that it will be shown
on the screen when the transparency is projected.
Use of material is expressly limited to the licensee.
The Customer may not assign, sublicense, or otherwise transfer
any license granted under these Terms, nor any the Customer sublease,
or otherwise transfer any educational materials leased under these
Terms, or any copies thereof, without the prior written consent
of MultiGen-Paradigm.
WARRANTY
ALL EDUCATIONAL MATERIALS ARE DISTRIBUTED ON AN 'AS IS' BASIS. MULTIGEN-PARADIGM
MAKES NO WARRANTY AS TO RESULTS TO BE ATTAINED BY THE CUSTOMER BY
ATTENDING ANY CLASSES OR FROM THE USE OF ANY EDUCATIONAL MATERIALS
FURNISHED UNDER THESE TERMS, AND THERE ARE NO EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF REMEDIES
MultiGen-Paradigm will not be liable for any lost profits, or for
claims against the Customer by any other party for consequential
damages, even if MultiGen-Paradigm is advised of the possibility
of such damages. The Customer agrees that MultiGen-Paradigm's liability
hereunder for damages, regardless of the form of action, including
negligence, shall not exceed the total of the charges paid by the
Customer for the particular classes or educational materials involved.
MODIFICATION of TERMS
MultiGen-Paradigm may modify these terms upon 90 days written notice.
The modification shall take effect unless the Customer cancels affected
orders, leases, or class enrollments before the effective date of
the modification.
TERMINATION
A license entered into under these Terms may be terminated by the
Customer upon 30 days prior written notice and by returning, erasing
or destroying the licensed materials as specified by MultiGen-Paradigm.
Either party may cancel class enrollment or any license of educational
materials upon written notice if the other party fails to comply
with any of these terms.
GENERAL
No action, regardless of form, arising out of the transaction under
these Terms, may be brought by either party (1) in the case of an
action arising out of breach of the provisions relating to restricted
materials, more than six years after such cause of action has arisen,
or (2) in the case of any other action, more than two years after
the cause of action has arisen.
All orders placed under Terms will be governed by the laws of the
State of California.
[back to top]
|
