Business Training Experts (BTE) –
Streaming Video Terms of Use
Terms
of Use Agreement (Agreement) – BTE hereby grants Licensee or its employee(s) a
limited license to use this internet streamed video training content
(content(s)). Purchasing and/or using this training content shall constitute
acceptance of the terms of the limited license granted hereunder. All intellectual
property rights in this training content(s) shall be retained by BTE. This
training content is protected under US Copyright Act of 1976 and all other
applicable international, federal, state, and local laws. All rights are
reserved. This training content is a proprietary training content licensed for
limited use as strictly set forth in this Agreement.
This
streaming video content is licensed to the Licensee and its employee(s) for the
sole purpose of viewing BTE’s proprietary content solely through BTE’s
internet based Learning Management System (LMS) at Licensee’s approved
location(s) or as otherwise permitted by BTE in a separate writing. Said separate permission shall be at the sole
discretion of BTE. BTE grants Licensee
or its employee(s) a limited, non-exclusive, nontransferable, royalty-free
license to use its streaming video training content(s) for personal or
commercial lawful use on its computer(s) at approved location(s) for the
purposes of training attendee(s) at Licensee(s) approved location(s). BTE does
not transfer title to the proprietary content of the streaming video to the
Licensee; this license shall not be considered a “sale” of the proprietary
content in the streaming video. Licensee agrees that the proprietary content
belongs to BTE, including all intellectual and proprietary rights, unless
otherwise specified. BTE retains all rights, title and interest in and to the
content at all times, and regardless of the form or media in or on which the
original or other copies may subsequently exist. It may NOT be copied,
edited, altered, duplicated, broadcast, reproduced, stored, or re-transmitted,
disseminated, nor may it be rented, loaned, exchanged or sold for any purpose
whatsoever,
whether or not for value, without the express written consent of BTE.
The
following activities are strictly prohibited and shall constitute
willful copyright infringement and violation of these Terms of Use:
Streaming video is
content sent in compressed form over the Internet and displayed by the viewer
in real time. With streaming video or streaming media, a Web user
does not have to wait to download a file to play it. Instead, the media is sent
in a continuous stream of data and is played as it arrives.
Breach. Any use of the
licensed training content(s) not in accordance with the Terms of Use of this
Agreement shall constitute a material breach of this Agreement entitling BTE to
immediately terminate the license to use this training content(s) without
notice entitling BTE damages and injunctive relief under state and federal
laws. Licensee/User agree that BTE shall be entitled to recover its damages,
attorney fees and costs in enforcing the terms of this Agreement and as provided
by any and all applicable laws.
Warranty. The foregoing
warranties and remedies are exclusive. BTE expressly disclaims all other
warranties, express, implied or statutory, including without limitation the
implied warranties of non-infringement, merchantability or fitness. This
program is designed to provide accurate and authoritative information in regard
to the subject matter covered. It is sold with the understanding that neither
the author nor publisher is providing or rendering legal, accounting, or other
professional service(s). If legal advice or other expert assistance is
required, the services of a competent professional should be sought.
WARRANTY DISCLAIMER. BTE’s
PROPRIETARY CONTENT AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL
FAULTS. BTE, ITS SUPPLIERS, AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE CONTENT(S),
CERTIFICATE AUTHORITY SERVICES, OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE
ETENT THAT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT
BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, BTE AND
ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES, CONDITIONS,
REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW,
CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION,
SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF THIS
SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT
THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE CONTENT(S) AFTER
TERMINATION OF THIS AGREEMENT. IN PARTICULAR BUT WITHOUT LIMITATION, BTE DOES NOT WARRANT
THAT OPERATION OF THE TRAINING CONTENT(S) WILL BE UNINTERRUPTED OR ERROR FREE.
THIS CONTENT, OR PORTIONS OF THIS CONTENT(S), ARE DELIVERED OVER THE PUBLIC
INTERNET. OUTAGES, EXCESSIVE TRAFFIC, MAY DELAY OR MAKE THIS CONTENT IMPOSSIBLE
TO USE IN CERTAIN SITUATIONS, WHICH ARE BEYOND THE CONTROL OF BTE.
LIMITATIONS
OF LIABILITY.
IN NO EVENT SHALL BTE OR AN ASSIGNED DISTRIBUTOR BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE VALUE OR BENEFITS BTE OR THE ASSIGNED DISTRIBUTOR
CONTEMPLATED; NOR SHALL BTE OR ASSIGNED DISTRIBUTOR HAVE ANY LIABILITY FOR
DAMAGES IN AN AMOUNT IN EXCESS OF THE PAYMENT MADE BY LICENSEE UNDER THIS
AGREEMENT.
Eligibility. You may only license the
use of BTE’s Content(s) if you are (a) over 18 years old and (b) allowed by law
to enter into a binding contract.
Privacy. BTE governs any personal
information you provide to us. By using the Service(s) or Content(s) you
agree to the terms of all BTE Privacy Policy(s) which may be amended from time
to time.
Availability. Pages describing the
Content(s) are accessible worldwide but this does not mean all Content(s) or
service features are available in your country, or that user-generated content
available via the Content(s) is legal in your country. We may block access to
certain Content(s) (or certain service features or content) in certain
countries. It is your responsibility to make sure your use of the Content(s)
are legal where you use them. Content(s) are not available in all languages.
Additional Terms. Some Content(s) are also
subject to the additional terms below not enumerated here. Any content that we
may provide to you (such as related software, related print materials, samples,
etc.) are licensed, not sold, to you, and may be subject to Additional Terms.
New Additional Terms may be added from time to time.
Governing Law and Miscellaneous - This Agreement
shall be governed by and construed in accordance with the laws of the State of
Minnesota, excluding conflicts of laws, provisions and the United Nations
Convention for the International Sale of Goods, and each party hereby
irrevocably submits to the exclusive personal jurisdiction and venue of the
state and/or federal District Court located in Hennepin County, State of
Minnesota, United States of America, in any action of proceeding arising out,
or related to this Agreement and its enforcement. The parties hereby
irrevocable waive any objection on the ground that any such action or
proceeding in such court has been brought in an inconvenient forum and Licensee
acknowledges that they have transacted business in the State of Minnesota by entering
into this Agreement and that the jurisdiction, choice of law and venue
provisions of this Agreement specifically negotiated terms of this Agreement.
Licensee
agrees that any waiver of strict enforcement of the terms of this Agreement by
BTE or Assigned Distributor shall not waive any rights to enforce the terms of
this Agreement. Licensee acknowledges that Licensee has not relied on any oral
representations of BTE or its employees in entering into this Agreement.
Revised October
2015