The herein contained End User License Agreement (the “Agreement” or “License” or “EULA”) shall be considered a legally binding agreement between you (an individual, an entity, company registered for access to the program or its related principals or subsidiaries for use of the training, hereinafter “Licensee” or “You” or “Your”) and Single Management System LLC Single Management System LLC for the use of the specified software at singlemanagementsystem.com for Certified Single Management System Risk Auditor Training, which may include related printed material, online media training format and any other components and/or software / plugin modules, including but not limited to the Learning Management System (LMS) structure /content, quizzes, tests, training content and electronic audit forms, which are accessible for training and subsequent use in the audit practice on qualifying to use it and the method of assessment employed for Auditor qualification. (the “Product”). Other aspects of the Product may also include, but
1.1 “Agreement” or “License” or “EULA” shall mean this End User License Agreement.
1.2 “Licensee” or “You” or “Your” shall mean You, the individual or business entity licensing the Product under of the terms of this Agreement.
1.3 “Intellectual Property” means current and future worldwide rights under patent law, copyright law, trade secret law,trademark law, moral rights law, and other similar rights.
1.4 “Update” means maintenance of, or a fix to, a version of Product, including, but not limited to: a hot fix, patch, or enhancement, none of which function as a standalone service or other software package and which do not have an additional cost for any existing Licensee.
1.5 “Upgrade” means a major, standalone version of Product, which may include additional applications, features, or functionality.
1.6 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
1.7 Words in the singular shall include the plural and vice versa.
1.8 A reference to one gender shall include a reference to the other genders.
1.9 A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to time, taking account of any amendment or reenactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts; provided that, as between the Parties, no such amendment or re-enactment shall apply for the purposes of this Agreement to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, any Party.
1.10 A reference to writing or written includes e-mail.
1.11 Any obligation in this Agreement on a person not to do something includes an obligation not to agree or allow that thing to be done.
1.12 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.14 “We”, “us”, and “our”, means Single Management System LLC
Single Management System LLC shall grant to You a non-exclusive license for the use of the Product
subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software
Updates and Upgrades provided by Single Management System LLC that would replace, overwrite and/or supplement the
original version of the Product, unless those other Updates and Upgrades are covered under a separate license, in
which case the terms of that license will govern.
Should You breach this EULA, Your right to the use of the Product will immediately terminate and
shall terminate without any notice being given. However, all provisions of this EULA, with the exception of the License
grant, shall survive termination and will remain in effect. Upon termination of the License grant, You MUST destroy any
and all copies of the Product.
4.1 PROTECTED PRODUCT. The Product is protected by copyright and other Intellectual Property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material, with the exception that it is allowable for You to make copies as provided by the License. However, printed material, which may accompany any offered content, may not be copied.
4.2 NO GRANT OF RIGHTS. Except as expressly stated herein, this Agreement does not grant either Party any rights to
4.3 RIGHT OF PUBLICITY. You agree, with respect to publicity that: (a) Single Management System LLC may include Licensee or
As a Licensee, You may not: (a) Make use of the offered content on more than one
computer at a time, without prior purchase of additional licenses; (b) You may not share, distribute, lend, lease,
sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content; (c) Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within
Your work in accordance with this License; (d) Reverse engineer, decompile or disassemble the offered content, nor
attempt to locate or obtain its source code; (e) Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or (f) Make use of any offered content in any manner not stipulated within
this EULA or the documentation accompanying the offered content.
Single Management System LLC may find the need to make available Updates or Upgrades for the Product, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of Single Management System LLC to make conditional releases of said Updates or Upgrades to You upon Your acceptance of another EULA or execution of another separate agreement. Should You elect to make use of these updates, You are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement.
By installing the Product, You hereby agree that You will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination, in any group specified in the current “Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations).
The offered content is licensed by the U.S. Government with RESTRICTED RIGHTS. The use, duplication of, or the disclosure by the U.S. Government, shall be subject to restrictions in accordance with DFARS 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19 of the Commercial Computer Software clause, as applicable.