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Agreement


License Agreement

This is a Licensing Agreement between you, the end user of proprietary testing software (Software), and The Association for Advanced Training in the Behavioral Sciences (hereinafter "AATBS").

Please read this document carefully! In case you do not agree with the said terms and conditions, immediately and call us.

1. Grant. AATBS, subject to the terms and conditions of this Licensing Agreement, hereby grants you a nonexclusive, nontransferable right and license during the term of this Agreement to use Software by AATBS as long as you abide by the provisions stipulated herein. The term of your license is based on the amount of time, including extensions, purchased for the usage of the Software. The Software may include functionality that will render it non-operational upon expiration of your license.

2. Copyright. The Software specified in this Licensing Agreement is and will be the sole property of AATBS. It is subject to copyright and as such is protected to the fullest extent allowable by law. mock exams and study materials provided to you through this license by AATBS is for your own use. You may not duplicate, print or sell the licensed work product we are providing to you. Violation of this licensing agreement could result in a civil action as well as a complaint filed with your state licensing board for unethical conduct. User also understands they do not own the rights to AATBS work product.

3. Intellectual Property Ownership. The Software and any authorized copies that you make are the intellectual property of and are owned by AATBS. The structure, organization and code of the Software are the valuable trade secrets and confidential information of AATBS. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by AATBS.

4. Transferability. This license is granted to you only and as such does not permit you to sell, lend, assign, lease or transfer in any other way any copy of the Software. You may not sell, lend, assign, lease or transfer in any other way remaining time you may have left to use the Software. Any transfer in violation of this provision is not permitted and may cause your license to be terminated with no refund of the licensing fee paid. You also agree that your use of the mock exams and study materials provided to you through this license by AATBS is for your own use. You may not duplicate, print or sell the licensed work product we are providing to you. Violation of this licensing agreement could result in a civil action as well as a complaint filed with your state licensing board for unethical conduct. User also understands they do not own the rights to AATBS work product.

5. Use Limitations. You may not use the Software in any way which threatens or violates AATBS copyright. That includes making copies (with the exception of backup copies), reproducing, modifying, decompiling, reverse engineering, disassembling or making derivative products of the Software or decoding it in any other way. All rights not expressly granted are reserved. Any copy of the Software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Software.

6. Limited Warranty. AATBS guarantees that the Software will function as intended. AATBS does not warrant that the Software will operate without interruptions, detect all viruses or be bug-free. The warranty stated above is the only warranty given and replaces all other warranties, regardless of whether express or implied, including implied warranties of commercial aptitude and fitness for a specific purpose. If the Software does not perform substantially in accordance with its intended use, the entire liability of AATBS, its affiliates or suppliers, and your exclusive remedy will be limited to either, at AATBS option, replacement of the Software or refund of the license fee you paid for the Software. The limited warranty set forth in this section gives you specific legal rights. You may have additional rights which vary from jurisdiction to jurisdiction.

7. Disclaimer. The foregoing limited warranty is the only warranty made by AATBS, its affiliates or suppliers, and states the sole and exclusive remedies for AATBS, its affiliates or suppliers’ breach of warranty. Except for the foregoing limited warranty and any warranty, condition, representation or term to the extent the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, AATBS and its affiliates and suppliers provide the Software AS-IS and with all faults and expressly disclaim all other warranties, conditions, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to any matter, including but not limited to performance, security, non-infringement of third party rights, integration, merchantability, quiet enjoyment, satisfactory quality or fitness for any particular purpose. The provisions of Sections 7 and Section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this Agreement.

8. Limitation of Liability. Except for the exclusive remedy set forth above and as otherwise provided, in no event will AATBS or its affiliates or suppliers be liable to you for any loss, damages, claims or costs whatsoever including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party, even if an AATBS representative has been advised of the possibility of such loss, damages, claims or costs. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. AATBS’ aggregate liability and that of its affiliates and suppliers under or in connection with this agreement will be limited to the amount paid for the Software, if any. This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement. Nothing contained in this agreement limits AATBS’ liability to you in the event of death or personal injury resulting from AATBS’ negligence or for the tort of deceit (fraud). AATBS is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose.

9. Governing Law. This agreement will be governed by and construed in accordance with the substantive laws in force in the State of California, United States of America.

10. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing and signed by an authorized officer of AATBS. This is the entire agreement between AATBS and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.


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