Training Materials End-user License
The purpose of our website is to provide information about courses and learning materials we offer for educational purposes. Any written materials and/or software used to facilitate learning is provided under an express disclaimer of warranty of merchantability, fitness for particular use, non-infringement, accuracy, or other specific compatibility with prerequisite user equipment and properly licensed software that must be used to complete these courses:
Students are responsible for how the information and tools (PC – Windows OS, MS-Office, MS-Excel™ with VBA macro capability, and PDF reader) we provide is applied and we do not assume any liability regarding any aspect of using the information and/or tools. All functionality is provided as is and without warranties. Students have access to learning materials provided for educational use only and not for any commercial purposes. Website users are responsible for all connection charges they incur while visiting the site, communicating by Email, or performing other site-related activities, following rules of use as set out by their internet service provider.
This license agreement is a legal agreement between the training providers and the user of an Excel™ VBA software and Excel™ formula enabled workbook offered for use in conjunction with a training course. Our Excel™ workbook applications are intended for use of an educational nature. This application software is provided for the purpose of demonstrating and/or illustrating certain educational concepts that may include practical business uses: the software is not sold as a commercially available product. Students are free to continue to use this software outside the educational context, but, in this context, we cannot in any way guarantee or assert the fitness of the application for uses. You agree to use this application at your sole risk with respect to satisfactory quality, accuracy, performance, and other non-educational attributes. The workbook is provided “as is” and “as available” without warranty of any kind as to the fitness for use of the workbook for any particular purpose: we will not be liable for consequential damages do to the use of the workbook for any purposes.
The student agrees that all our training materials contain proprietary content, information and material protected by applicable intellectual property and other laws including copyright, and that you will not use those for any purposes other than personal use and reference in the context of the course you have completed. It is not permitted to share or distribute any of our materials in any form or by any means. The nature of a macro-enabled workbook is such that you can create derivative work by customizing the content without producing a new, distributable work. Students are allowed to share the output that you produce based on the unique data and customization you have introduced, such as to share a new financial analysis. The scope of this license allows students to continue to use the software enabled workbook personally, but not to transfer or share or otherwise make the software enabled workbook available in any way to anyone else. Students are allowed to continue to use the software enabled workbook for personal work not limited to studies and exploration if they assume full responsibility and accountability for the results they produce. Breach of this restriction can result in prosecution and damages. The terms of this license agreement will govern any upgrades or replacements we may provide to keep this software current, even if the improvement is the result of suggestions or recommendations made by the user of our product.
The workbook is not sold or licensed outside the context of course materials, and therefore there are no rights arising as from a purchase separate from a course registration. By extending the scope of use of our training workbook and employing that workbook in a non-education context the user confirms their acceptance of this agreement and becoming bound by the terms of this agreement. This license shall apply to our software enabled Excel™ workbooks regardless of the terms of the prerequisite Excel™ software user license regardless of what software or platform it may operate with. Our training workbooks are provided as a service to students: they are not sold, but made available for use “as is” for the students to explore and experiment with the subject matter. Our software enabled workbooks are licensed only to students who have previously registered in the relevant course for which we provide that supporting workbook. This agreement will remain in effect for as long as you continue to use our software enabled workbook in any format or context. In the event of any dispute with respect to our software enabled workbook, you agree to cease using the product immediately and to stop sharing the results you obtained by using the product. You agree to use the product at your sole risk and that we shall not have any liability to you or to any other parties for any results that you may produce outside the context of course assignments.
We do not have any contingent liability for changes that may be made to Excel™ that could render our tools inoperable, or if you attempt to use our software enabled workbook in any version of Excel™ that may not support macro processing (whether factory or user disabled). This agreement will remain in effect regardless of the affiliate through which the student registered for the course and/or the continued active status of the affiliate operating under our franchise license. We may provide hyperlinks to 3rd-party internet sites for relevant information that may be of interest to students, but these do not constitute an endorsement of content provided by 3rd-party contributors. We provide students with an instructor’s notebook that includes references to textbooks and other materials that supplement the core information, as well we provide a learning workbook that drives the learning process, and that provides specific application logic to illustrate the subject matter. All our materials are copyright protected: you may continue the use of all materials for personal purposes but you must never distribute any of our materials in any form for use by a 3rd-party not authorized by us to use our materials.
Our learning materials include facts, views, opinions, and recommendations from various sources deemed of interest to our students. We do not guarantee or warrant the accuracy, relevancy, completeness, or timeliness of such content, nor do we endorse the authors and/or any implied professional advice. These materials are made available to you after you register for a specific course by making payment via PayPal. When you enroll in a course you enter into a legal agreement with us or our affiliates that you agree to all the terms of this user license that becomes in effect and binding when you open the course workbook:
- You are granted a license to use the course materials: the actual course will remain active for 4-5 months (you can request to replace a course that was not completed for any reason) to make sure it is a current version. The documentation and the sample application software remain enabled after the course has expired. The materials are provided in an Excel™-workbook format with the notebook embedded as a PDF document. You can access this workbook on any suitable PC that is equipped with the prerequisite software: the workbook can be downloaded to a USB-key so as to be completely portable, intended purely for personal use only. For packages produced under a corporate license they may be installed on a company intranet server for internal use only when the client manages their own in-house training program under specific corporate license terms.
- You will activate the Excel™-workbook by entering a unique user identification key that entitles you to earn a certificate of completion. No other party can use this key to register completion of this course of study. The learning materials in the instructor’s notebook or in the course workbook must not be shared with a 3rd-party for any purposes without our express authorization. Once a workbook is registered the conditions of use outlined in this agreement will remain in effect for as long as you continue to use the materials you are provided with under this agreement. This is a non-transferable agreement: after you register to start the course there will be no refunds. If material changes are made during the period when your course is activated you have the option to receive a newer version at no extra charge, but the completion tests will be based on the new material only. The older material will remain valid until you pass the completion tests.
- If you employ the Excel™-workbook for personal use after completing your studies, you must not share or publish a macro-enabled version of the information you produce. You can save the data without the processing macros and you will do so only after agreeing to take full responsibility for the results you share with any 3rd-party users. The software is not licensed for commercial use, and you may not rent, lease, lend, or otherwise commercialize the software or the documentation in any manner whatsoever. You may not reverse-engineer or otherwise replicate the software in order to create a competing product and/or distribute the software contrary to personal use. We reserve the right to seek damages in the event these copyrights are infringed upon or that other terms of this agreement are violated to our detriment.
- The software is designed and distributed for educational purposes, and warranted for educational use only. Our liability is expressly limited to replacing the training materials found defective in use within the training period: we do not warrant on-going fitness for use, such as conflicts due to operating system upgrades, nor do we commit to support such upgrades if Excel™ is modified so as to no longer be upwards compatible with earlier releases. We shall have no obligation with respect to unauthorized use by a 3rd-party regardless of the consequences of such unauthorized use or any use for which the products were not intended.
- You expressly understand and agree that we will not be liable for any direct, indirect, incidental, consequential, or other damages arising from the use of our products that are designed for use in specific educational programs. You agree to assume responsibility for any commercial use for you personally or on behalf of a 3rd-party, and to hold us harmless from any consequential impact due to contract, negligence, tort, or other types of claims in any way related to such unintended use of products provided “as is” for non-commercial use, and without warranty of fitness for use in any specific application.
- This agreement is entered into and executed in the Province of Ontario, Canada, and the parties to any action related to this agreement will have such action heard in a court of jurisdiction in the Province of Ontario, Canada. Any decisions of that court shall be binding. Should any term in the license agreement be declared void or unenforceable such declaration shall have no effect on the remaining terms hereof. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach shall not be deemed a waiver as to subsequent enforcement rights or actions in the event of any future breaches. All notices under this agreement shall be effective on receipt and shall be in writing.
By accessing any portion of our website you agree to the following terms and conditions:
- Our website is a service offered to provide information about the services and training programs we have to offer. All information is provided “as is” without warranties or representations including accuracy, completeness, timeliness, merchantability, fitness for use, or non-infringement. We are not responsible for any errors or omissions, or linked-in 3rd-party sites. As a user of our website you expressly accept that the information we provide is a service and we do not assume liability for its content or information. You agree to release and hold us harmless from and against any liability, claims, damages, actions, or costs arising out of your use of the website contents. Information is of a general nature and does not constitute advice. If any information is downloaded we cannot accept liability for any risk, such as of a computer virus or worm.
- The information on our website is available for personal use, and may be reproduced for non-commercial use only. You may provide a link to our website, and we may provide links to other websites, neither under our control: we disclaim any opinions that may be expressed on other sites. All our materials are protected by copyright and other forms of proprietary rights if not expressly claimed by the original owner while we use the materials under license. We have the right to modify this website and/or its contents whenever we see fit, including illustrations, icons, audio or video clips, documents, software, or other products that are not intended for distribution. Instead of copying material, use a link to refer to the material on the original site of publication.
- We do not collect information about our users except for the purpose of communicating and to track any course registrations. Financial information and associated identification is managed externally via PayPal, which offers secure information management of financial transactions. Any information you provide to us will be protected and used in compliance with Ontario’s Freedom of Information and Protection of Privacy Act (RSO 1990) to be disclosed only in accordance with the Act. We do not exchange information with any educational institutions or agencies: any information we use is provided by our students.
- You will refrain from interfering with the proper functioning of our website through any malicious acts. You will treat other users with respect and refrain from any form of harassment. This agreement between you (the user) and us (the provider) shall be construed and enforced according to the laws of the Province of Ontario. No other representations or warranties are made in addition to this agreement.