End User License Agreement
YOUR PURCHASE OF ANY OF THE AVERSIS TUTORIALS MEANS THAT YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS:
1. Background of Agreement
In this Agreement:
- “You” or the “Client” means you or, if you are accepting on behalf of your employer, then “you” means that employer or entity and affiliates
- “Aversis” or “we” means Aversis Comm. V., operator of the Site www.aversis.be
- “TUTORIAL” means any manual or instruction manual regarding a certain product or part of that product, as a single download or multiple downloads, or in the form of a selected package containing multiple files. The tutorial can be in the form of text and images, or as a video file with or without narrated instructions.
This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the purchased tutorials along with any copies or archives of it and ceasing to use the tutorials for any purpose. The Agreement also terminates with or without notice from Aversis if at any time you fail to comply with any of its terms.
Aversis reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the content with an alternative for any reason. Aversis may revise this Agreement at any time and at its sole discretion.
2. License Terms
All tutorials are copyrighted and protected by law and international treaty, including, but not limited to, copyright law and/or other intellectual property laws. By purchasing any tutorial, you are allowed to make derivate works based on it. You may use the knowledge derived from it for commerical or non-commercial projects. No other use is granted unless specifically licensed to do otherwise by Aversis.
This is a license, and you may not:
a. reproduce, distribute, republish, resell, translate or post any tutorial (in whole or in part) in any form or by any means. In addition, all tutorials contained on this Site may not be "mirrored" on any other server without Aversis' written permission. You may only make two (2) copies of the tutorials solely for the purpose of personal backup.
b. incorporate the tutorials in any product that results in a re-distribution or re-use of the tutorials or is otherwise made available in a manner such that a person can extract or access or reproduce the tutorials as an electronic file.
c. permit anyone else to modify the tutorials or use them for any commercial purpose or public display, performance, sale or rental
d. transfer the tutorials to another person. You agree to prevent any copying of the tutorials that you have purchased.
e. install and use the tutorials in more than one location at a time or post a copy of the tutorials on a network server or web server for use by other users.
f. remove any copyright or other proprietary notices by Aversis.
g. use or display the tutorials in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
3. Disclaimer and Warranty
The tutorials are provided “as is”, without representation, warranty or condition of any kind. Aversis does not represent or warrant that the tutorials will meet your requirements or that its use will be uninterrupted or error free. The entire risk as to the quality and performance of the tutorials is with you.
4. Limitation of warranties and liability
Aversis’ entire liability and your exclusive remedy, with respect to any claims arising out of your use of the tutorials, or out of your actions in downloading the tutorials, shall be as follows: You may, upon request to Aversis, be permitted to download the tutorials again, at a location Aversis will provide for you.
In no event shall Aversis or any of its affiliates or content providers be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information or any other pecuniary loss).
In any event, the total maximum aggregate liability of Aversis under this agreement, shall be limited to the fees actually paid by you to Aversis under this agreement in respect of the use of the relevant content.
You agree to indemnify, defend and hold Aversis, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “Aversis Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Aversis Party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.
6. General Provisions
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the tutorials pursuant to this Agreement.
This Agreement will be governed under the laws of Belgium (without reference to conflicts of laws principles).
If you have concerns relating to this Agreement, please contact Aversis at info(-at-)aversis(-dot-)be.
You acknowledge that you have read this agreement, understand it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of Aversis agreeing to provide the tutorials, you agree to be bound by the terms and conditions of this agreement. You further agree that it is the complete and exclusive statement of the agreement between you and Aversis, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Aversis relating to the subject of this agreement.
© Aversis Comm. V. 2008. All rights reserved.