Customer License Agreement
*** READ THIS BEFORE YOU REGISTER FOR TRAINING SERVICES AT ESMILLENIUM'S WEB TRAINING CENTER ***

THIS CUSTOMER LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN ESMILLENNIUM, LC. ("ESM") AND THE CUSTOMER OF THE SERVICE (AS DEFINED BELOW). BY CLICKING ON THE "ACCEPT" BOX OR OTHERWISE USING THE SERVICE, YOU REPRESENT (I) THAT YOU HAVE BEEN AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF THE CUSTOMER (THE ENTITY ON WHOSE BEHALF YOU REPRESENT YOU ARE AUTHORIZED TO ACT, IN WHICH EVENT "YOU" AND "YOUR" SHALL REFER TO YOU AND SUCH ENTITY, AS THE CASE MAY BE), OR (II)THAT YOU INTEND TO BE PERSONALLY BOUND TO THE TERMS OF THIS AGREEMENT AS THE CUSTOMER. IF YOU ARE NOT SO AUTHORIZED OR DO NOT INTEND TO BE PERSONALLY BOUND, THEN ESM IS UNWILLING TO PROVIDE THE SERVICE AND YOUR USE OF THE SERVICE IS A VIOLATION OF U.S. AND INTERNATIONAL COPYRIGHT LAWS AND CONVENTIONS. IF YOU ACCEPT THESE TERMS ON BEHALF OF AN ENTITY, YOU MAY USE THE SERVICE ONLY ON BEHALF OF SUCH ENTITY. IF YOU INTEND TO BE PERSONALLY BOUND, USE OF THE SERVICE IS LIMITED TO YOUR PERSONAL USE.

SERVICE: The following E-training Modules, as available and applicable: General Safety Overview, Hazard Communication, Lockout/Tagout, DOT Hazmat and Fire Extinguishers.

ESM hereby agrees to grant and Customer agrees to accept a non-transferable, non-sublicenseable and non-exclusive license to use the Service subject to the following terms and conditions and payment of the applicable fees in accordance with ESM's policies:

1. Limited Use: Customer may use the Service for self-training purposes only. Customer may not reverse assemble, reverse compile, translate or otherwise attempt to create the source code from the Service or create derivative works of the Service or any portion thereof, including for reasons of error correction or interoperability. Customer may not rent, lease, distribute or otherwise transfer rights to or use of the Service or any portion thereof, or remove or alter any trademark, logo, copyright or other use or proprietary notices, legends, symbols or labels on the Service

2. Duration: This license shall continue until Customer has completed training in the applicable Module(s), but only for so long as Customer uses the Service in compliance with this Agreement. Should Customer breach any of its obligations, this Agreement shall terminate and Customer agrees to stop using the Service and to destroy or return any and all materials that may be provided for or with the Service and any copies thereof upon notification by ESM.

3. Training Responsibilities: The Service is not intended to be the sole means for compliance with state and/or federal regulations or other requirements. Therefore, it is Customer¹s responsibility to ensure that Customer¹s training programs comply with any such regulations and requirements.

4. Title and Security: ESM retains all proprietary rights and title to the Service and any modifications, and no ownership of any part of the Service is hereby transferred to Customer. Customer acknowledges that the Service is the property of ESM and contains confidential information, and agrees to take all reasonable steps to protect such confidentiality.

5. Warranties: ESM warrants solely that for a period of ninety (90) days from Customer¹s registration to use the Service, the Service will function materially as described in the online help screens and the traintheprinter.com Welcome file provided to Customer (the "Documentation"). This warranty does not apply insofar as: (a) claims resulting from acts or omissions caused by persons other than ESM, or from products, materials or software not provided by ESM; (b) the Service is modified by someone not authorized by ESM or; (c) the Service is used on an operating system other than the system and version specified in the Documentation, if any, or on a machine not described in the Documentation, if any. ESM does not warrant that use of the Service will be uninterrupted or error free, nor that errors will be corrected. In the event of a breach of warranty, ESM¹s sole responsibility, and Customer's sole and exclusive remedy, is, at ESM's option, to make available replacement or substitute services or to refund the applicable paid fee. This limited warranty is valid only if ESM receives written notice of breach of warranty within such ninety-day period.

6. Limitation of Warranties and Liability: EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5 ABOVE, ESM SHALL HAVE NO LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY FOR THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR NEGLIGENCE; ESM MAKES AND CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND ESM SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CUSTOMER MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY, HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN SECTION 5 ABOVE. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF ESM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. The cumulative liability of ESM to Customer for all claims relating to the Service, in contract, tort, or otherwise, shall not exceed the total amount of fees paid to ESM by Customer for such Service. IN NO EVENT SHALL ESM BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, MULTIPLE OR INCIDENTAL DAMAGES, EVEN IF ESM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU.

7. Miscellaneous: This Agreement, the license granted hereunder, the Service and any modifications thereto may not be assigned or in any way transferred without the prior written consent of ESM. The terms of this Agreement shall be construed in accordance with the substantive laws of the Commonwealth of Massachusetts, United States of America, without giving effect to the principles of conflict or choice of law of such Commonwealth. The original of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or to have this Agreement written in any language other than English. ESM and Customer exclude the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from this Agreement. If any provision of this Agreement is held to be excessively broad as to scope, activity, subject or otherwise so as to be unenforceable at law, such provision shall be constructed by limiting or reducing it so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear. This Agreement, including ESM¹s applicable user fee policy, represents the entire understanding between the parties with respect to its subject matter and merges all prior written and oral communications. This Agreement may not be modified by Customer except by a written agreement signed by authorized representatives of both parties. A waiver by either party of its rights hereunder shall not be binding unless contained in a written agreement signed by an authorized representative of the party waiving its rights. The non-enforcement or waiver of any provision on one occasion shall not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. ESM may change and/or update this Agreement, and Customer¹s continued use of the Service shall signify Customer¹s assent to such changes and/or updates. The latest version of the Agreement can be seen at http://www.traintheprinter.com/legal.

8. U.S. Government Restricted Rights Legend. The Service and the Documentation are "commercial items" as that term is defined in 48C.F.R. 2.101 (October 1995) consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48C.F.R. 227.7202-1, 227.7202-3 and 227.7202-4 (June 1995). If Customer hereunder is the U.S. Government or any agency or department thereof, the Service and Documentation are licensed hereunder (i) only as a commercial item, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement. Licensor is ESMillennium, LC., 22 River Street, Braintree, MA 02184-3235.

9. Compliance with Laws. Compliance with Laws. Customer is responsible for complying with any laws in its jurisdiction which may impact its use of the Service, and represents that it has complied with and will comply with any regulations or registration procedures required by applicable law.

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