Web Based Training and Integrity eLearning - Your source for Web Based Training software and Classroom based training on Macromedia products

Learning Management, WBT Manager, eLearning, Macromedia Training

WBT Manager™

WBT Manager™

New for WBT Manager™ 2.0

Free Download

WBT Manager™ Software License Agreement

LICENSE AGREEMENT

WBT MANAGER - DEVELOPER'S LICENSE

BUYER (THE "LICENSEE") MUST CAREFULLY READ ALL OF THE TERMS OF THIS AGREEMENT BEFORE LOADING THIS PROGRAM INTO THE MEMORY OF LICENSEE'S COMPUTER, LOADING THIS PROGRAM INTO A COMPUTER'S MEMORY INDICATES LICENSEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNLESS SUCH LOADING IS OTHERWISE AUTHORIZED BY INTEGRITY TRAINING, INC. IN WRITING.

TRADEMARK AND COPYRIGHT NOTICE
"WBT MANAGER" is a trademark of Integrity Training, Inc. This software product, WBT Manager (TM), and the accompanying instructions supplied with the software, is copyrighted and contains proprietary information. All rights are reserved. It is protected by U.S. and international copyright laws.

Acceptance of License Terms for "WBT Manager" (TM) 
1. This computer program is known as "WBT Manager" (TM) (WBT Manager") and is the sole Property of Integrity Training, Inc. ("Integrity"). Licensee agrees that by loading WBT Manager into Licensee's computer, including loading in memory or virtual memory ("Loaded") or storing on a hard disk or other storage device ("Stored"), Licensee indicates his or her acceptance of the following terms and conditions (except to the extent they conflict with a customized written license already executed by Licensee and Integrity).

Licensee further agrees that if he or she does not agree with any of the following terms and conditions, he or she shall promptly delete any portion of WBT Manager from Licensee's computers.

License 
2.(a) Pursuant to this Agreement, Licensee may and is hereby licensed to: use WBT Manager Developer's License on a single computer or server and make one copy of WBT Manager Developer's License in any machine readable form for back-up purposes in support of his or her use of WBT Manager on a single computer.  WBT Manager Developer's License is limited to a maximum of 2 users. An additional license is necessary if requirements exceed 2 users.

(b) Licensee agrees to use WBT Manager for its sole and exclusive benefit. Licensee acknowledges that WBT Manager is confidential in nature and constitutes a trade secret belonging to Integrity.  Licensee agrees to hold it in trust and not to sell, rent, license, distribute, transfer, or, directly or indirectly, disclose or permit the sale, rental, licensing, distribution, transfer, or disclosure of WBT Manager or its contents to any other party either during the term of this Agreement or thereafter, without the written permission of Integrity. Licensee may not decompile, disassemble, reverse engineer, copy, create a derivative work, or otherwise use WBT Manager except as stated in this Agreement.

(c) Any portion of WBT Manager that is merged into another program shall continue to be subject to the terms and conditions of this Agreement.

(d) Licensee agrees to reproduce and include Integrity's copyright, trademark, and confidential legends on any copy, modification, or portion merged into another program. Licensee agrees not to remove, deface, or destroy any copyright, trademark, other proprietary markings, or confidential legends placed on or within WBT Manager.

(e) Licensee may customize the graphical user interface of the web modules to include his own custom artwork, company trademarks and other proprietary markings.  However, Licensee must also include a copy of the "Powered by WBT Manager" logo as per the usage guidelines set forth in Appendix "A" of this Agreement.

(f) Licensee agrees not to use, copy, or modify WBT Manager or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement.

(g) Licensee agrees to keep WBT Manager in a secure place, under access and use restrictions designed to prevent disclosure of WBT Manager to unauthorized persons and not less strict than those applicable to Licensee's own trade secrets. Licensee further agrees to instruct its personnel to keep WBT Manager confidential by using the same care and discretion that they use with other data designated by Licensee as confidential.

(h) Licensee agrees that any transfer of WBT Manager to a third party constitutes a material breach of this Agreement and shall terminate the license granted by this Agreement. Licensee further agrees that it shall be strictly liable for all damages to Integrity that result from any transfer of WBT Manager to any third party.

(i) Licensee agrees to comply with all applicable export laws and regulations.

Termination of License 
3. The license granted by this Agreement shall be effective for twelve (12) months from the date of purchase.  Licensee may terminate this license at any other time by destroying WBT Manager together with all copies, modifications, and merged portions in any form.  This license shall also be terminated automatically if Licensee fails to comply with any term or condition of this Agreement or transfers possession of any copy, modification, or merged portion of WBT Manager to more than one party.  Licensee agrees that upon  termination of this Agreement, he or she shall immediately destroy Licensee's copy of WBT Manager together with all copies, modifications, and  merged portions in any form.

Limited Product Warranty 
4. WBT Manager is licensed AS IS. Integrity warrants that the medium on which WBT Manager is delivered shall be free from defects in workmanship and materials under normal use for a period of ninety (90) days after delivery of WBT Manager to Licensee.

Warranty Remedies 
5. Integrity will not be liable for  1) loss of, or damages to, your records or data or 2) any damages claimed by a Licensee based on any third party's claim.

Warranty Disclaimer 
6. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Remedies 
7. LICENSEE AGREES THAT ITS EXCLUSIVE REMEDIES, AND LICENSOR'S ENTIRE LIABILITY WITH RESPECT TO WBT MANAGER SHALL BE AS SET FORTH HEREIN.  LICENSEE FURTHER AGREES THAT IN NO EVENT SHALL INTEGRITY BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE  PROGRAM OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, EVEN IF INTEGRITY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

Inapplicable Jurisdictions
8. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede this limitation of liability. As a result, these limitations may not apply to you if prohibited by the laws of your jurisdiction.

Governing Law, Severability
9. This Agreement shall be construed according to, and the rights of the parties shall be governed by, the law of the State of California. If any provision of this Agreement is found to be unlawful, void or unenforceable, then that provision shall be severed from this Agreement and will not affect the validity and enforceability of any of the remaining provisions.

Licensee's Acknowledgment 
10. LICENSEE ACKNOWLEDGES THAT HE OR SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.  LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND INTEGRITY AND THAT IT SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN LICENSEE AND INTEGRITY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

11. This agreement includes a Supplement containing Country Unique Terms.  For software purchased outside the United States of America, the terms of the Supplement may replace or modify those of the preceding main body of the license Agreement, as indicated in the Supplement

INTEGRITY TRAINING, INC.
By: 	David Fallon, President

APPENDIX "A"
LOGO USAGE GUIDELINES

General Guidelines

* The "Powered by WBT Manager" trademark can only be used by licensed parties.
* The trademark must never be altered and must be reproduced from the supplied digital file.
* The trademark may not be used in connection with the display, advertising or promotion of products that do not contain WBT Manager modules.

Location Guidelines

* The "Powered by WBT Manager" logo must appear on the splash screen, logon screen or within the software product.

Size Guidelines

* The logo must maintain its original size as supplied in the digital file.

Color Guidelines

* Either the color or black and white version of the "Powered by WBT Manager" logo is acceptable on screen.

Background

* The logo can be placed on any background as long as the logo is clearly visible.
* The logo may NOT be reversed to white.  Use the black and white version supplied.

SUPPLEMENT - COUNTRY UNIQUE TERMS

United Kingdom:
Sections 4 - 8 are replaced with the following:

Limited Warranty/Limitation of Liability

If you do not enter into this license agreement as part of a consumer transaction: this software is licensed As Is.  The right to use the software is granted without any further warranty, condition, representation, or other term express or implied relating to the performance, quality, or fitness for use of the software or written materials accompanying the WBT Manager.  Integrity shall not be liable for any loss or damage of any kind (other than personal injury or death) arising from use of the software or accompanying written materials or from errors, deficiencies, or faults therein, whether such loss or damage is caused by negligence or otherwise.

Australia:
Sections 4 - 8 are replaced with the following:

Limited Warranty/Limitation of Liability

A.  This Part A is subject to provisions of Part B which follows below.  This software is licensed As Is.

THESE WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING  THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT WILL INTEGRITY BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER  INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE WBT MANAGER, EVEN IF INTEGRITY OR AN AUTHORIZED INTEGRITY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B.  Trade Practices Act.  Where any legislation, such as the Trade Practices Act 1974, implies into this Agreement any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding the application of the condition or warranty, the liability of Integrity for any breach of the condition or warranty is limited at the option of Integrity to any one or more of the following: a) if the breach relates to goods, replacing the goods or the payment of the cost of acquiring equivalent goods or repairing the goods or payment of the cost of repairing the goods; B) if the breach relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Nothing in this agreement is intended to restrict or exclude any liabilities of Integrity under Part A of the Trade Practices Act 1974.

New Zealand: 
The following paragraph should be added to Section 4 on
the Limited Warranty:

The warranties specified in this section are in addition to any rights you may have under the Consumer Guarantee Act 1993 or other legislation which cannot be excluded or limited.  The Consumer Guarantee Act 1993 will not apply in respect of any goods or services which Integrity provides, if he you require the goods or services for the purposes of a business as defied in that Act.

The following paragraph should be added to Limitation of Liability (Section 5):

Where products or services or not acquired for the purposes of a business as defined in the Consumer Guarantee Act 1993, the limitations in this Section are subject to the limitations in that Act.

Ireland:

No statement in this Agreement shall affect the statutory rights of consumers.

Central Europe & Russia: 
The first sentence of Section 9 is replaced with the following:

This agreement is governed by the material laws of Austria.  All disputes and controversies between the parties arising out of, or in connection with, this Agreement or its implementation, performance or interpretation, shall be finally settled under the Rules of Arbitration and Reconciliation of the Arbitral Centre at the Federal Economic Chamber in Vienna, Austria (Vienna Rules), by three arbitrators appointed in accordance with said Rules.  The arbitration shall be held an Vienna, Austria.  The official language of the proceedings shall be English.  The decision of the arbitrators shall be final and binding upon both parties and therefore, the parties pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, expressly waive the application of Paragraph 595 (1), figure 7 of said Code.  The clauses set forth above shall, however, in no way limit our right to institute proceedings in any competent court.

Estonia, Latvia, Lithuania: 
The first sentence of Section 9 is replaced with the following:

All disputes arising in connection with the present Agreement shall be finally settled in arbitration.  Each party shall appoint one arbitrator and they shall jointly appoint the chairman.  If they cannot agree on the chairman, then the chairman shall be appointed by the Central Chamber of Commerce in Helsinki.  In the Arbitration the law on Arbitration will be adhered to.  Finnish law shall apply.  The arbitrators shall come together in Helsinki.

Middle Eastern Countries: 
Abu-Dhabi (U.A.E.), Bahrain, Dubai (U.A.E.), Oman, Kuwait, Qatar

This agreement is governed by the law and jurisdiction of Bahrain.