LIFE CYCLE ENGINEERING (LCE) 

ATLAS 

CERTIFICATE OF SINGLE-USER LICENSE

LIFE CYCLE ENGINEERING (LCE) ATLAS: SINGLE-USER LICENSE AGREEMENT

This Single-User License Agreement (“Agreement”) governs your use of LCE’s Atlas product (“LCE Content”). The LCE Content is protected by various intellectual property laws and treaties. You accept the terms and conditions of this Agreement by (i) clicking “I Accept,” if you are presented these terms in a click-through format, (ii) signing a written order form that references these terms, or (iii) using the LCE Content.

GRANT OF LICENSE.  LCE grants you, solely for your individual use, a nonexclusive, individual license to use the LCE Content solely to support projects in your organization. This single user license permits limited reproduction and distribution of data gathering assessments for the sole purpose of collecting information for your own use.

LICENSE RESTRICTIONS.  You are prohibited from:

(a)     Using the LCE Content except as set forth in this Agreement
(b)     Delivering training workshops, or any form of educational program, seminar, or meeting, using the LCE Content or any extracts of the LCE Content
(c)      Reproducing or distributing the LCE Content to other employees or any third party, whether in hardcopy or electronic form
(d)     Violating any applicable law in connection with your use of the LCE Content
(e)     Copying, modifying, translating, adapting, or creating derivative works based on, the LCE Content or any part of it
(f)      Using the LCE Content to provide service bureau or other access or use of the LCE Content to third parties
(g)     Storing or placing the LCE Content on any web page or transmitting the LCE Content electronically via the Internet or any file sharing system
or intranet
(h)    Selling, distributing, loaning, assigning, sublicensing, pledging, leasing, renting, sharing or otherwise transferring the LCE Content, or any
portion or copy of the LCE Content, or your rights and obligations under this Agreement
(i)      Removing or altering any trademark, trade name, product name, logo, copyright, patent, or other proprietary notice, legend, symbol, or label
in the LCE Content; and
(j)      Challenging the validity of LCE’s intellectual property rights.

Site licenses or multi-user licenses can be separately purchased to allow distribution or reproduction of materials for additional employees. For details, contact Bill Wilder at LCE. If the LCE Content is used by another company or entity external to your organization, that entity or company must have its own license.

INTELLECTUAL PROPERTY.  LCE owns all right, title, and interest in and to the LCE Content (including but not limited to any images, applications, and text), the accompanying printed materials, and any copies of LCE’s Content. You are not acquiring any rights in the LCE Content except for the limited license set forth above. If you violate this Agreement, LCE may terminate this Agreement with immediate effect, and you agree to stop using the LCE Content and to delete all copies in your possession.

EXPORT.  You agree that you will not export LCE Content to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export LCE Content to any country to which the U.S. has embargoed or restricted export of goods or services.

DISCLAIMER OF WARRANTIES.  EXCEPT AS SET FORTH IN THIS AGREEMENT, THE LCE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND LCE DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE LCE CONTENT AND SERVICES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY LCE, ITS AGENTS, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, NON-INFRINGEMENT, ACCURACY, OR FITNESS FOR PARTICULAR PURPOSE).

EXCLUSION OF LIABILITY/DAMAGES.  LCE WILL NOT IN ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY CLAIMS SEEKING COMPENSATION FOR LOSS OF BUSINESS, LOST PROFIT, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE LCE CONTENT. WITHOUT LIMITING THE FOREGOING, LCE’S MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE LCE CONTENT.

INDEMNITY.  You agree to indemnify, defend, and hold LCE harmless from and against any losses, damages, claims, judgments, settlements, fees, fines, liabilities (including reasonable attorneys’ fees) arising out of or related to your violation of this Agreement or otherwise caused by your use of the LCE Content.

GENERAL.  This Agreement shall be governed by South Carolina law. Any claim arising out of this Agreement shall be instituted exclusively in the federal or state courts in Charleston, South Carolina. This Agreement represents the entire understanding between the parties with respect to the subject matter herein contained, and it supersedes all other oral or written agreements or understandings, express or implied, between the parties that may relate to any aspect of this Agreement.

06/2020