Test Builder 1.0

EULA - End User License Agreement

End-User License Agreement ("EULA")

This EULA is a legal agreement (the "Agreement") between you and e-Learning Consulting. By installing, copying, or otherwise using Test Builder (the "SOFTWARE"), you agree to be bound by the terms of this EULA. Using or installing the SOFTWARE indicates your consent to be bound by all of the terms and conditions of this Agreement.

1. GRANT OF LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. Any rights not explicitly granted under this EULA are hereby reserved. Provided you have paid all applicable fees and registered the SOFTWARE with e-Learning Consulting, the EULA grants you the following personal, non-exclusive, non-transferable rights:

(a) You may use the SOFTWARE for all tests used by people within your organization. You must purchase a separate license of the SOFTWARE if your tests will be used by people outside your organization.

(b) Any test using components from the SOFTWARE must display the e-Learning Consulting copyright notice in the headers of all scripts and pages produced by and contained within the SOFTWARE.

(c) You agree not to rent or lease the SOFTWARE, nor use the SOFTWARE to render time sharing or service bureau services.

(d) e-Learning Consulting retains title to the SOFTWARE in all forms whatsoever.

(e) All rights not expressly granted herein are reserved by e-Learning Consulting.

2. WARRANTY, REMEDY AND LIMITATIONS

(a) e-Learning Consulting warrants only that the SOFTWARE will perform in substantial accordance with the accompanying documentation for ninety (90) days following your receipt of the SOFTWARE.

(b) Some states do not allow certain warranty limitations, so the restrictions of this Section 2 will apply only to the full extent permitted by applicable law.

(c) e-Learning Consultings entire liability and your exclusive remedy for any claim you may have against e-Learning Consulting shall be, at e-Learning Consultings option, (i) return of amounts paid for the SOFTWARE; or (ii) repair or replacement of the SOFTWARE which does not meet the above limited warranty; provided you return the SOFTWARE to e-Learning Consulting. In no event shall e-Learning Consultings total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the SOFTWARE.

(d) Except as provided above, the SOFTWARE is provided "AS IS" and without warranties, express or implied, including the implied warranties of merchantability or fitness for a particular purpose. You assume all risks as to selection, quality, installation, results and performance. e-Learning Consulting does not warrant that the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error free.

(e) Neither e-Learning Consulting nor any of its suppliers shall be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation loss of business or profits, business interruption or delay, loss or inability to use data), even if e-Learning Consulting or any of its suppliers have been advised of the possibility of such damages.

(f) The above warranties are exclusive and no other warranties are made by e-Learning Consulting or its licensors, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non infringement.

3. BREACH AND TERMINATION.

(a) The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the SOFTWARE, including documentation. Otherwise, this EULA shall remain in force until terminated. You may terminate this EULA at any time by destroying all copies of the SOFTWARE and providing notice thereof to e-Learning Consulting.

(b) Upon termination of this Agreement, all rights and licenses granted hereunder shall immediately terminate and all Software and other Proprietary Information of e-Learning Consulting in the possession of you or under your control, shall be immediately returned to e-Learning Consulting. End user licenses properly granted pursuant to this Agreement and prior to termination of this Agreement shall not be diminished or abridged by the termination of this Agreement.

4. GENERAL

(a) This EULA shall be governed by and construed under the substantive laws of the State of Washington, United States of America, without regard to choice of law provisions. If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.

5. LICENSE FEES.

(a) This license shall have no force or effect unless and until you have submitted to e-Learning Consulting all applicable license fees in full. All such fees are exclusive of any taxes, duties, licenses, fees, excises or tariffs now or hereafter imposed on your production, licensing, sale, transportation, import, export or use of the SOFTWARE or your tests, all of which shall be the responsibility of you, other than taxes attributable to e-Learning Consulting net income.

6. U.S. GOVERNMENT RESTRICTED RIGHTS

If you are acquiring the SOFTWARE, including documentation on behalf of the U.S. Government, the following provisions apply. The SOFTWARE is a "commercial item" as defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227-7202 (June 1995). Use, reproduction, or disclosure by the U.S. Government is subject to the restrictions of this license and 48 C.F.R. 52.227-19(c) (June 1987), 48 C.F.R. 1852.227-86(d) or similar or successor provisions as applicable.