PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE VIEWING THE MODULES. BY VIEWNG THE MODULES, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT VIEW THE MODULES.
1. License. Supply Chain Online, LLC and any of its Licensors, (for the purpose of this License Agreement they shall be collectively referred to as Supply Chain Online, LLC), grants to the Licensee viewing these Modules a nonexclusive, nontransferable License to use the Modules in accordance with this License, for a limited amount of time and/or limited number of online viewings as stated at the time of purchase. This License is not a sale. Supply Chain Online, LLC retains title to the Modules and related documentation. This License allows use of the Modules and documentation only by the purchaser, online or via printed pages from the module toolbar "print" command. Using the module toolbar "print" command, users may print licensed materials, one page at a time, for individual use. Other than via the module toolbar "print" command, users are prohibited from printing, saving, or otherwise downloading any of the content (including images) used in the Modules. Such actions are considered violations of this agreement and will be viewed as copyright violations under United States copyright law. Unused viewings or access time expire(s) one year from the date of purchase.
2. Restrictions. This License sets forth the terms and conditions governing the use of the Modules and documentation. Licensee may not remove any proprietary or copyright notices, labels, or marks on the Modules or their documentation. Licensee may not rent, lease or otherwise transfer the Modules or their documentation. The Modules contain copyrighted material. Licensee shall not, without prior written permission of Supply Chain Online, LLC, nor permit anyone else to copy, decompile, reverse engineer, disassemble or otherwise obtain the source code of or reduce the computer code of the Modules to a human perceivable form, or to modify, rent, lease, loan, network, distribute, or create derivative works based upon the Modules or the documentation in whole or in part. Printed pages must retain all copyright information and the name of the licensee.
3. Termination. This License will terminate without notice from Supply Chain Online, LLC if Licensee fails to comply with any provision of this License. Upon termination, Licensee will no longer be provided access to the Modules. Depending on the severity of the breach, Supply Chain Online, LLC may pursue legal sanction against the Licensee. This license may also be terminated if there is evidence of a suspected security breach of our site by Licensee, at the sole discretion of Supply Chain Online, LLC. Corporate account agreements expire one year from the effective date.
4. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that the use of the Modules is at Licensee's sole risk. The materials, documentation, and technical support are provided "AS IS" and without warranty of any kind. Information regarding any third party services or information included in the Modules is provided as a convenience only, without warranty from Supply Chain Online, LLC, and will be governed solely by the terms agreed upon between Licensee and the third party providing such services. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, SUPPLY CHAIN ONLINE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SUPPLY CHAIN ONLINE, LLC DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE MODULES WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE MODULES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MODULES WILL BE CORRECTED. FURTHERMORE SUPPLY CHAIN ONLINE, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MODULES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUPPLY CHAIN ONLINE, LLC OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. Supply Chain Online, LLC reserves the right to modify the contents of the Modules or the delivery system without notice.
5.Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SUPPLY CHAIN ONLINE, LLC, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE MODULES, EVEN IF SUPPLY CHAIN ONLINE, LLC OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. In no event shall Supply Chain Online, LLC's total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by licensee for the Modules and any documentation.
6. No Waiver or Assignment. No delay or failure to take action under this License will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Supply Chain Online, LLC, and no single waiver will constitute a continuing or subsequent waiver. This License may not be assigned, sublicensed or otherwise transferred by Licensee, by operation of law or otherwise, without Supply Chain Online, LLC's prior written consent, provided that Licensee may assign this License upon written notice to Supply Chain Online, LLC in instances in which such assignment is to an entity which acquires all or substantially all of the business of Licensee, whether by merger, consolidation, or acquisition of assets.
7. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
8. Entire Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Modules and their documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any additional or different terms or conditions proposed by Licensee or contained in any purchase order are hereby rejected and shall be of no force and effect unless expressly agreed to in writing by Supply Chain Online, LLC. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Supply Chain Online, LLC.
Supply Chain Online, LLC