END USER POLICY
1. Access to the Macromind Media (“MMM”) eLearning Platforms (the “Software”) is restricted to authorized Users only. No User shall provide access to the Software to any unauthorized user.
2. User must promptly notify MMM in the event User becomes aware of misuse of User’s password or unauthorized access or any other event or action that may reasonably impair the security of the Software.
3. User’s use of the Software and its content must be in accordance with permissions provided to User by a client of MMM at the direction of which User is accessing the Software. User acknowledges that MMM may deactivate User’s access to the Software at any time for any reason including ,without limitation, in the event MMM becomes aware of any unauthorized use or breach of any terms and conditions herein.
4. User is responsible for all data and documents User uploaded to the Software. User must ensure that all such content complies with all applicable laws, regulations and authority; that the content is not defamatory or indecent; and that the content will not infringe the intellectual property or data privacy rights of any third party, including any user. By posting content on the Software, User consents to the use and sharing of such content with MMM. MMM does not pre-screen content; however, MMM reserves the right (but not the obligation) in its sole discretion to refuse or remove any content that is uploaded to the Software.
5. User shall not directly or indirectly (i) license, sublicense, sell, resell, rent, lease, lend, pledge, transfer, assign, publish, disclose, divulge, display, distribute, make available to third parties or otherwise commercially exploit or make available for the benefit of any third party all or any part of the Software or the Software content in any way; (ii) modify or make derivative works based upon the Software or the Software content; (iii) create Internet “links” to the Software or “frame” or “mirror” anySoftware content on any other server or wireless or Internet based device; (iv) reverse engineer, decompile or disassemble (except as specifically otherwise permitted by law) or access the Software for any reason, including in order to (1) build a competitive product or service, (2) build a product using similar ideas, features, functions or graphics of the Software, or (3) copy any ideas, features, functions or graphics of the Software; (v) remove, modify or obscure any copyright, trademark or other proprietary rights notices affixed to or contained within the Software; or (vi) engage in or allow any action involving the Software that is inconsistent with these terms and conditions.
6. MMM shall not be liable for any User’s direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages, goodwill, use, data or other intangible losses (even if MMM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Software.
7. The failure of MMM to exercise or enforce any right or provision of the End User Policy shall not constitute a waiver of such right or provision.