Career
Key Licence Agreement
Before purchasing any ePublications you must agree to the terms of this
license agreement. If you do not accept these terms, do not buy any item(s).
You are required to read and accept the terms of this agreement before
purchasing any item(s).
TRUST
We hope you have found the Career Key website helpful. Counselors
praise it. More than 5,000 students and adults use it daily.
Visitors appreciate its value . . . professional career guidance that
is a free public service, without ads. Taking other professional personality
tests on the Internet can cost up to $80. The ePublications are reasonably
priced. Unlike other ebooks, they are not encrypted with a secret code.
You can print whatever personal copy you buy. And, ours are not locked
to your computer when you download them. So if you change computers,
you can still use them. We trust that you will not make unauthorized
copies.
Taken together, this means that Career Key visitors -- especially
students, the unemployed, and people on low incomes -- have exceptional
access to quality career guidance.
You can help. Respect our copyrights. Making unauthorized copies or
sending them to others is illegal and unethical; it harms us. Your
purchases also help. They help defray the thousands of dollars spent
each year to develop and maintain the Career Key website.
THE LAW & OUR AGREEMENT
When you buy a license for an ePublication, you are saying that you
completely agree to the terms and conditions of the Purchasing Agreement.
You agree,
- That you are buying a license to use the content of an ePublication;
you are not buying the publication itself;
- Not to make any changes to it;
- Not to print or make extra copies you haven't paid for; and
- Payment is nonrefundable.
Here is the full agreement for you to read. Click
here if you would
like to print a copy.
Purchase Agreement
YOU AND CAREER KEY, INC. ("CAREER KEY") AGREE THAT YOUR
PURCHASE OF ANY CAREER KEY SOFTWARE OR CONTENT FROM THIS SITE (THE
"PRODUCTS"), IS SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS
LISTED BELOW, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND
CAREER KEY (THE "AGREEMENT") WHEN ACCEPTED BY CAREER KEY.
CAREER KEY IS WILLING TO SELL PRODUCTS TO YOU ONLY UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE
TERMS CAREFULLY. IF AFTER READING THE TERMS, YOU DECIDE TO PURCHASE
ANY OF THE CAREER KEY SOFTWARE OR CONTENT, YOU ARE INDICATING BY THIS
DECISION THAT YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, INDICATE
YOUR DECISION BY NOT BUYING ANYTHING. ALL PURCHASES OF CONTENT (SUCH
AS CONTENT DELIVERED VIA A .PDF FILE) AND SOFTWARE FROM THIS SITE CONSTITUTE
A PURCHASE OF A LICENSE ONLY AND NOT A PURCHASE OF THE ACTUAL CONTENT
OR SOFTWARE. BY PURCHASING A LICENSE TO USE A PRODUCT, YOUR USE OF
THE CONTENT OR SOFTWARE, AS APPLICABLE, IS SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS.
- License. Subject to the following terms and conditions, Career
Key grants to you a nonexclusive, nontransferable license to use
the Products for which you have purchased a license from Career Key.
The Products on this website that you purchase are subject to copyright
and other proprietary rights protection. By downloading Products
from this web site you agree that you will not violate any of those
copyright or other proprietary rights and that you will comply with
all applicable laws and regulations. Except as provided herein, the
grant of this license is in no way intended, and shall not be interpreted,
to grant to you any rights or license permitting you to: (i) translate,
alter, copy, revise, modify, change, or create derivative works based
on the Products in whole or in part; (ii) publish, display, distribute,
sell, rent, or otherwise make the Products, in whole or in part,
available to any third party (except you may distribute hard copies
of the Products to third parties subject to the terms and conditions
herein); or (iii) print or otherwise reproduce the Product for distribution,
in whole or in part. You may not transfer soft versions of the Products
to another entity or person. If you have purchased multiple hard
copies of a Product, then you may copy and print the Product only
as necessary to produce the number of hard copies that you have purchased.
For example, if you purchase 10 copies of the Career Key, then you
may make 10 hard copies of the Career Key .pdf file. All hard and
soft copies of the Products must include the copyright and other
proprietary notices that are on the original copy of the Products
provided to you. This license to use the Products is conditioned
upon your compliance with the terms of this Agreement. You shall
be solely responsible for downloading the Products. Career Key 's
policy is one of on-going Product update and revision. Career Key
may revise or discontinue a Product at any time. Your purchase of
a Product does not entitle you to any future updated or revised Product.
- Ownership. This license is not a sale. Title, ownership rights,
and intellectual property rights in and to the Products shall remain
in Career Key. You agree to abide by the copyright laws and all
other applicable laws of the United States. Failure to comply with
the above restrictions will result in automatic termination of this
Agreement and will make available to Career Key other legal remedies.
You may not disclose any of Career Key’s proprietary or trade
secret information relating to the Products to any third party.
- Payment Terms. You agree to pay Career Key as indicated and agreed
to by you on the Products order form. All payments are nonrefundable.
- Warranty. CAREER KEY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PRODUCTS AND SPECIFICALLY DISCLAIMS THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CAREER KEY DOES NOT WARRANT THAT THE OPERATION OF ANY PRODUCT WILL
BE UNINTERRUPTED OR ERROR FREE. THE PRODUCTS ARE PROVIDED AS-IS AND
AS-AVAILABLE. NO LIABILITY IS ASSUMED FOR IMPROPER USE OF THE PRODUCTS.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
IN NO EVENT SHALL CAREER KEY BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS
FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR OTHER
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS.
IN ALL EVENTS, CAREER KEY?S SOLE OBLIGATION OR LIABILITY UNDER THIS
AGREEMENT IN THE AGGREGATE IS THE REPLACEMENT OF THE PRODUCTS OR
A REFUND OF THE PURCHASE PRICE PAID FOR THE PRODUCTS. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. CAREER KEY IS NOT RESPONSIBLE FOR CORRECTING ANY ERROR IN THE
PRODUCTS.
- Covenant Not to Sue and Waiver. You hereby agree not to sue, assist
in or be a voluntary party to assist in or be a voluntary party
to, except as required by law, any action, suit, or proceeding against
Career Key for any claims, actions, suits, damages, liability,
losses or expenses of whatever kind or however arising out of or
relating to your use of the Products. You further hereby waive any
and all rights you may have to sue, assist in or be a voluntary party
to, except as required by law, any action, suit, or proceeding against
Career Key for any claims, actions, suits, damages, liability, losses
or expenses of whatever kind or however arising out of or relating
to your use of the Products. You agree to defend, indemnify and hold
harmless Career Key, its officers, directors, employees, agents,
successor and assigns from and against any suits losses, claims,
demands, liabilities, costs and expenses, including reasonable attorneys'
fees, that they may sustain or incur as a result of any claim against
them based upon your use of the Products.
- Cancellation. Career Key may terminate this Agreement immediately
and without notice if you fail to comply with any term or condition
of this Agreement. In the event of termination of this Agreement,
all the sections of this Agreement will survive except for the section
entitled License.
- Miscellaneous. This Agreement shall be governed by and construed
in accordance with the laws of the State of North Carolina, U.S.A.,
without reference to conflicts of laws provisions or the 1980 U.N.
Convention on Contracts for the International Sale of Goods and,
as to matters affecting copyrights, trademarks and patents, by U.S.
federal law. Any dispute or claim arising out of, or in connection
with, this Agreement shall be finally settled by binding arbitration
in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. 1-567.1
et seq. (the Uniform Arbitration Act) and the then-current rules
and procedures of the American Arbitration Association by one (1)
arbitrator appointed by the American Arbitration Association. The
arbitrator shall apply the law of the State of North Carolina, without
reference to rules of conflict of law or statutory rules of arbitration,
to the merits of any dispute or claim. Judgment on the award rendered
by the arbitrator may be entered in any court of competent jurisdiction.
The parties agree that, any provision of applicable law notwithstanding,
the arbitrator shall have the authority to award the prevailing party
its costs and reasonable attorneys fees. In the event that the above
arbitration provision is held invalid or unenforceable, then any
dispute with respect to this Agreement shall be brought and heard
either in the North Carolina state courts located in Wake County,
North Carolina, or the federal district court for the Eastern District
of North Carolina located in Raleigh, North Carolina. In such event,
the parties to this Agreement each consent to the in personal jurisdiction
and venue of such courts. The parties agree that service of process
upon them in any such action may be made if delivered in person,
by courier service, by telegram, by telefacsimile or by first class
mail, and shall be deemed effectively given upon receipt. This Agreement
sets forth the entire agreement between you and Career Key pertaining
to the licensing of the Products, and supercedes in its entirety
any and all written or oral agreements previously existing between
the parties with respect to such subject matter. If any provision
of this Agreement is held invalid or unenforceable, such provision
shall be revised to the extent necessary to cure the invalidity or
unenforceability, and the remainder of this Agreement shall continue
in full force and effect. In the event of any conflict between any
provision of this Agreement and any applicable law, the provision
or provisions of this Agreement affected shall be modified to remove
such conflict and permit compliance with such law and as so modified
this Agreement shall continue in full force and effect. This Agreement
may not be assigned without the consent of Career Key.
BY PURCHASING CAREER KEY SOFTWARE OR CONTENT, YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU
AGREE TO BE BOUND BY ITS TERMS.
Copyright 2003 Career Key, Inc. All Rights Reserved.
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