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Creative MindsŪ - Terms and Conditions
 		 

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License Agreement
SINGLE USER COURSE LICENSE AGREEMENT
 
1. ACCEPTANCE: By clicking on the "I Agree" button or by accessing or using after viewing this license any of the e-learning courses ("Course(s)") which you have selected, you are agreeing to the terms of this Single User Course License Agreement ("Agreement"). Please read this Agreement carefully. If you do not accept the following terms, click on "I Decline," you will not be permitted access to the Courses and the transaction will not be completed.
This is an Agreement between you, either individually or as an authorized representative of a single company, institution or entity and "Licensor" as identified below. This Agreement goes into full effect (the "Effective Date") after you have accepted the terms of this Agreement and the payment information (credit card number) you provide for the Courses which you have selected ("Licensed Course(s)") is accepted by Licensor.
 
2. TERM: The term of this Agreement shall commence on the Effective Date and shall continue for a term ("Term") of one (1) year. Once the Term ends, this license will automatically terminate as to the Licensed Courses. You will not be able to replay the Licensed Courses at a later time unless you pay a new license fee and once again agree to accept the terms of a license agreement.
 
3. TITLE: Licensor or its suppliers are the exclusive owners of the Licensed Courses. Title to the Licensed Courses, or any copy, modification or merged portion of the Licensed Courses, shall at all times remain with Licensor.
 
4. LICENSE: Licensor grants to you a temporary, non-exclusive, non-transferable license to access the Licensed Courses at Internet URLs specified by Licensor from time to time and to display the Licensed Courses only on a single designated computer at any one time. The right of access granted in this License Agreement is provided only to a single individual. Such individual is the only person who may view or access the Course throughout the term of this Agreement. Plug-ins and other executable files downloaded to you when you display the Licensed Courses may be used following the end of the Term, but only for your own individual use.
 
5. RESTRICTIONS: You may not: (a) sublicense, assign, transfer, distribute or rent the Licensed Courses; (b) use, copy or modify the Licensed Courses, in whole or in part, except as expressly permitted in this Agreement; (c) Take any action designed to unlock or bypass any restrictions on number of users or access to the Licensed Courses; or (d) access any of the Licensed Courses after the end of the license term. There are no implied licenses. You agree not to exceed the scope of the licenses granted herein.
 
6. CHARGES AND PAYMENT: You agree to pay all charges for your use of the Licensed Courses in the currency in which the charges are billed and at the prices displayed to you as of your selection of the Licensed Courses. All charges are exclusive of value added, sales or other taxes, which you agree to pay. Payment must be made by debit or credit card designated by you for Licensor' use during the Licensed Course registration process, and charges are payable on the Effective Date. If payment is not received by Licensor from the card issuer or its agents, you agree to pay all amounts due upon demand of Licensor. Your card issuer's agreement governs your use of your designated card, and you must refer to that agreement and not this Agreement with respect to your rights and liabilities as a cardholder.
 
7. DISCLAIMER OF WARRANTY AND REMEDY: EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, ALL LICENSED COURSES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE LICENSED COURSES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, NONINFRINGEMENT, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER. LICENSOR AND LICENSOR'S DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE OR NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Licensor does not warrant that the functions contained in the Licensed Courses will meet your requirements or expectations or that the operation of the Licensed Courses will be entirely error free, or appear precisely as described in the Licensed Courses' documentation.
 
8. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR LICENSOR'S DIRECT OR INDIRECT SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED COURSES, EVEN IF LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
 
9. TERMINATION: Upon the violation of any of the provisions of this Agreement, your right to access and display the Licensed Courses shall automatically terminate.
 
10. EXPORT LIMITATIONS: None of the Licensed Courses or underlying information or technology may be displayed, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By agreeing to the terms of this Agreement, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
 
11. GOVERNMENT USERS: This Agreement defines the rights of any United States Government user to the Licensed Courses, except where contrary to law. In the event applicable law does not permit this license to define the rights of United States Government users, the Licensed Courses are provided with RESTRICTED RIGHTS, and use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (a)(14) of the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause, DFARS 252.227-7014 (JUN 1995), or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause, FAR 52.227-19 (JUN 1987). The Manufacturer is Creative MindsŪ , Inc.
 
12. LICENSOR: Creative MindsŪ , Inc., formerly known as DPEC, Inc. is the "Licensor" of the Licensed Courses.
 
13. NOTICES: Notices given by Licensor to you will be given by email or by conventional mail. Notices will be sent to the email address or mailing address you provide Licensor as part of the Licensed Course registration process, or to updated addresses which you provide Licensor by notice given consistent with this provision. Notices given by you to Licensor must be given by email and addressed to Cyber-Minds, Inc., Attn: Legal Department, 851 3rd Avenue, Building 3, Columbus, Ohio 43212, or by fax to 1-614-880-1910, Attn: Legal Department, or such updated addresses which Licensor may provide you by notice given consistent with this provision.

14. AGENT: It is noted for the record that the agent for these courses is Marius Lubbe Investment (Pty) Ltd also known as Creative MindsŪ under authorization and in agreement with Excalibur Training of South Africa who is the officially authorized Supplier as Licensed by the Licensor.

15. GENERAL: If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by the local laws of the State of Ohio, United States of America, applicable to contracts performed entirely in that state. If you have any questions concerning this Agreement, you should contact Licensor at the address set forth in the "Notices" provision above or call us at 1-800-223-3732, or fax us at 1-614-880-1910.
 
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND, INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS BY COMPLETING AND SENDING THE ABOVE COURSE. YOU ALSO AGREE THAT THIS IS THE COMPLETE AGREEMENT BETWEEN YOU AND LICENSOR AND IT SUPERSEDES ANY OTHER INFORMATION YOU MAY HAVE RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.