NOTICE TO USERS
This product is offered subject to your acceptance of the Customer License Agreement and Terms and Conditions included with the media.
Customer License Agreement and Terms and Conditions
By accessing or using Vocam® Safety-TV® Train Now software or System ("DRM") through this or any antecedent or successive unified record locator (URL), you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions which include our privacy policy. Your use of Train Now (the “Service”), which includes any content you purchase, subscribe to, sync, download, stream, preview or otherwise access through the Service (“Content”), is subject to this Customer Agreement Terms and Conditions. All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for Vocam has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.
License.
Subject to the terms and conditions of this Agreement, Vocam grants you a limited, non-exclusive, non-transferable license to use the Service and Content solely for your training use only. You must purchase 1 valid license from Vocam for each installation of Train Now content and software onto any computer, system or device. You understand and acknowledge that you will obtain a valid license from Vocam for every installation of Train Now Software and Content on to each computer, system or device. You understand and acknowledge that your rights with respect to Content are limited by copyright law. All rights regarding use of the Service and Content not expressly granted in this Agreement are reserved by Vocam and/or any third-party licensors.
Restrictions.
You agree that you will not attempt to modify any software or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Content. You agree to follow all rules and policies applicable to the Service, including required or automated updates, modifications and/or reinstallations of software and obtaining available patches to address security, interoperability and/or performance issues. You also agree: (i) to comply with all applicable laws, rules and regulations when using Content or the Service; (ii) not to reverse engineer, decompile, disassemble, attempt to derive source code from the Software, or otherwise tamper with or modify any security features or other Service components for any reason (or help anyone else to do so). You acknowledge that the AIR application and Train application may delete or otherwise disable the Content after your entitlement to view the Content has expired; and the downloading or playing performance of Content depends on the specifications of your personal computer and it performing other functions as required.
Digital Rights Management.
Certain Content offered through the Service is protected by Adobe® FMRMS or other digital rights management technology (“DRM Content”), so that the intellectual property rights, including copyright, of any licensors are not misappropriated. Your rights regarding such DRM Content are limited by copyright law and the Usage Rules, which may be changed at any time without prior notice. The following Usage Rules (assigned by Vocam and/or any licensors) limit your use of DRM Content, even if unauthorized rules have been associated with the DRM Content by someone else. These rules are general guidelines, subject to change without notice, and may vary by licensor. Subject to all other Service terms and conditions, you may play DRM Content an unlimited number of times on an authorized PC or device. Vocam may revoke your ability to acquire new licenses to copy, display and/or play DRM Content without notice. Revocation does not alter the ability to play unprotected content. Vocam may also download revocation lists onto your computer or device on behalf of licensors. Vocam may enforce these rules for itself and any licensors.
Your Representations and Warranties.
You represent, warrant and agree that: (i) you are using the Service for your own training purposes only; (iii) you will not redistribute, rebroadcast, publicly perform, or publicly display any Content or otherwise transfer any copies of Content, obtained through the Service or otherwise make use of the Content in any way that would infringe any copyright therein or violate any laws, rules or regulations applicable to such content.
Indemnification.
You agree to indemnify and hold harmless Vocam, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users from and against any and all losses, damages, and/or costs, including reasonable attorneys' fees and expenses, that arise or relate in whole or in part to: (i) your breach of your representations and warranties; (ii) any claim that your use of Content infringes or otherwise violates any applicable laws, rules or regulations, or any third party's intellectual property or other rights, including, without limitation, personal or privacy rights; or (iii) your violation of this Agreement.
NO WARRANTIES.
The Service, including all Content and other information, materials and products included on or otherwise made available to you through the Service, are provided "as-is" and "as available" without warranties of any kind from Vocam or any licensors. To the full extent permissible by applicable law, Vocam and all licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. Neither Vocam nor any licensor warrants that the Service or any Content, information, materials or products included on or otherwise made available to you through the Service are error-free.
RETURN OF GOODS:
Vocam will not refund any products that have been accessed, installed or played. Vocam will refund or credit goods returned within a reasonable time (generally 7 days) provided the goods are in original condition, current version, have not been accessed and not a special order, or clearance item. Please note that where the plastic seal of a software package is broken the return or exchange can not be accepted unless faulty nor defective.
Management of Your Data and Computer.
You are solely responsible for obtaining, installing, configuring and maintaining suitable equipment, including your computer and software, including any necessary system or software upgrades, patches or other fixes that are or may become necessary to access the Service and to operate your computer. Vocam will only provide technical assistance with respect to your Vocam-provided equipment. You agree that you are responsible for providing security measures that are suited for your intended use of the Service, and you shall take full responsibility for taking adequate measures to safeguard your data from loss. Neither Vocam nor any of its affiliates will be liable to you or any other party for any data loss or any other security issues that may result from your use of the Service.