BY CHECKING THE “ACCEPT” BOX, YOU ACKNOWLEDGE THAT: (1) YOU ARE 18 YEARS OF AGE OR OLDER; AND (2) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS
1. Scope. Scope of these terms (“Terms”) is the licensing for test use of Snippets (“Application”) to You (“You” and/or “User”) (either an individual or an entity). The Project Management Institute (“PMI”) reserves all rights not expressly granted herein.
2. Ownership and Intellectual Property Rights of the Application remain with PMI. The Application (and all associated content) is protected by United States copyright and trademark laws and international treaty provisions. User agrees to prevent any unauthorized use of the Application. Except as expressly provided herein, PMI does not grant any express or implied right to User under its patents, copyrights, trademarks, or trade secret information.
3. Limited License. You are entitled to test use the Application solely for the purposes as set forth hereunder. You may not sell, license, or transfer the Application, or reproductions of the Application to other parties in any way.
4. Limitation of Liability. Use of Application under these Terms is for testing purposes only and shall not create any obligation for PMI to continue to develop, productize, support, repair, offer for sale/license or in any other way continue to provide or develop Application either to You or to any other party. THE APPLICATION IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PMI BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF PMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Term of Use. Unless otherwise terminated as specified herein, User’s rights with respect to the Application will terminate upon the earlier of (a) the initial commercial release by PMI of a generally available version of the Application or (b) expiration of the defined beta test use period as defined by PMI. PMI shall immediately terminate any User rights with respect to the Application without notice in the event of improper disclosure of the Application as specified under Section 7 (Confidentiality) below. Upon the end of the Term of Use, the rights and licenses granted to User under these terms shall immediately terminate, and User shall immediately cease using, and will return to PMI (or, at PMI’s request, destroy and/or delete), the Application, and all other tangible items in Licensee’s possession or control that are proprietary to or contain Confidential Information. The rights and obligations of the parties set forth in Section 2 to Section 14 shall survive termination or expiration of these Terms for any reason.
6. Feedback. User agrees to provide as reasonably requested feedback regarding Users experience with the Application and/or its content to PMI and/or its designated agent. User agrees to report any flaws, errors or imperfections discovered in Application. User understands that prompt and accurate reporting is the purpose of PMI permitting Your use of the Application. User undertakes to use best efforts to provide frequent reports on all aspects of the Application both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the User’s contribution to the test use of the Application, remain or become the exclusive property of PMI.
7. Confidentiality. The User will not disclose the Application or any comments regarding Application to any unauthorized third party without the prior written approval of PMI. The User will maintain the confidentiality of Application with at least the same degree of care that You would use to protect Your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. The User will not be liable for the disclosure of any confidential information which is: (a.) in the public domain other than by a breach of these Terms on User’s part; or (b.) rightfully received from a third party without any obligation of confidentiality; or (c.) rightfully known to User without any limitation on use or disclosure prior to its receipt from PMI and/or its designated agent; or (d.) generally made available to third parties by PMI without restriction on disclosure.
8. Support. During your participation in the test use of the Application, PMI and/or its designated agent is not obligated to provide you with any maintenance, technical or other support for the Application. In the event of PMI and/or its designated agent provided support, You agree to abide by any support rules and policies that PMI and/or its designated agent provides to You in order to receive such support.
10. Fees and Payment. User will pay PMI through its designated agent a nominal fee of $2 to use the Application for the entire length of the Application testing period, which is approximately 60 days. Payment will only be accepted in USD. This one-time payment is non-refundable notwithstanding the foregoing such pricing is only [for the test use period and is subject to change at the expiration of such period.
11. Modification. These Terms form the entire agreement between PMI and/or its designated agent and the User relating to the subject matter hereof and all other terms are rejected. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law the remaining provisions of these Terms shall remain in full force and effect.
12. No Assignment. These Terms are personal to the User. User shall not assign or otherwise transfer any rights or obligations under these Terms.
13. Severability. If any provision of these Terms shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of these Terms.
14. Choice of Law and Disputes. For other than the U.S. Government as a party, these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Delaware County, Pennsylvania and the parties hereby consent to personal Jurisdiction and venue therein.