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Licences: End-User Licence Agreement

Last revised 04 October 2013

This is the Licence Agreement that you agree to when you purchase and listen to any of the LearningMethods Recordings available to the public or to participants of workshops.

NOTE: This version of the Licence is the latest version and supersedes all previous versions. Please read carefully the TERMS and CONDITIONS since if you are using LearningMethods Recordings under any previous End-User Licences, you are bound by this one 30 days after it is first posted to the LearningMethods web site (note date above).

Below is the complete text of the End-User Licence Agreement.

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End-User Licence Agreement
for LearningMethods^™ Audio and/or Video Recordings
Last revised 04 October 2013

INTRODUCTION
This recording (or recordings) is made available to you only for your own study and learning.

All LearningMethods recordings are protected under international copyright laws and many of the sessions contained in these recordings are of a very personal and confidential material. In order to protect the participants of these sessions, as well as yourself and the property rights of the copyright holders, you must agree to the terms below in order to have access to these recordings.

It is extremely important that you respect the terms of this Licence Agreement. Failure to respect these terms will violate this Agreement and prejudice your ability in the future to obtain any other recordings and/or attend LearningMethods or Patterns of Being workshops and may leave you open to legal action.

Viewing or listening to any of the Recordings contained here constitutes your acceptance of these terms and conditions for the included Recordings (see details below).

IMPORTANT-READ CAREFULLY: This LearningMethods End-User Licence Agreement (hereinafter "Licence") is a legal agreement between you (either an individual or a single entity) and David Gorman or his suppliers (hereinafter "Licensor") for the LearningMethods recordings accompanying this Licence, which includes analog or digital recordings in electromagnetic or optical form and may include associated media, printed materials, and "online" or electronic documentation (hereinafter "Recordings"). By exercising your rights to view or listen to the Recordings, you agree to become a party to and be bound by the terms of this Licence. If you do not agree to the terms of this Licence, you may not use the Recordings.

TERMS OF THE LICENCE AGREEMENT

The Recordings are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Recordings are licensed, not sold.

1. GRANT OF LICENCE. This Licence grants you the following rights:

1.1 A non-exclusive and non-transferable licence to use the Recordings for personal learning purposes.

1.2 Copying audio-only MP3 or video MP4 or AVI media. In the case of Recordings which are in MP3 audio or MP4 or AVI video format, you may make one copy of the original Recordings on other audio media (media player, smartphone, tablet, personal computer, etc.) for personal use. All terms of this Licence shall apply to both the original Recordings and the copy (if any). No copies may be made of any Recordings which are in DVD video format.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Except as otherwise expressly permitted in this Agreement, you may not:

2.1 Make any copies of the Recordings in any media (except as above in article 1.1.2);

2.2 Modify or create any derivative works of the Recordings or documentation, including transcription or translation without prearranged permission in writing from Licensor;

2.3 Redistribute, lend, sell, rent, lease, sublicense, or otherwise transfer rights to the Recordings;

2.4 Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, tags or labels in the Recordings; or

2.5 Broadcast in any medium without prearranged permission in writing from Licensor.

3. TERMINATION. Without prejudice to any other rights, Licensor may terminate this Agreement if you fail to comply with any of its terms and conditions. Upon termination, you must return all copies of the Recordings and all of their component parts to Licensor or destroy all copies of the Recordings and all of their component parts.

4. COPYRIGHT. All title and copyrights in and to the Recordings (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Recordings), the accompanying printed materials, and any copies of the Recordings are owned by Licensor (and/or others as specified in a separate Release Form if one is attached to this agreement).

5. PROPRIETARY RIGHTS. The Recordings are protected by copyright and other intellectual property laws and by international treaties. Therefore, you must treat the Recordings like any other copyrighted material.

5.1 Title, ownership rights, and intellectual property rights in the Recordings (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Recordings) shall remain in Licensor (and/or others as specified in a separate Release Form if one is attached to this agreement).

5.2 You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Licensor’s or others' ownership of or rights with respect to the Recordings.

5.3 You agree, at your expense, to defend and hold Licensor, its affiliates and other rights holders harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Recordings has injured or otherwise violated any right of any third party or violates any law.

6. LIMITED WARRANTY

NO WARRANTIES. Licensor expressly disclaims any warranty for the Recordings. The Recordings and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Recordings remains with you. This disclaimer of warranty constitutes an essential part of this agreement. no use of the recordings is authorized hereunder except under this disclaimer.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Licensor or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses) arising out of the use of or inability to use these Recordings, even if Licensor has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

7. MISCELLANEOUS.

7.1 This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.

7.2 This Agreement may be amended only by a writing signed by both parties.

7.3 Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the United Kingdom, excluding its conflict of law provisions.

7.4 This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

7.5 If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.

7.6 A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

7.7 The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.

7.8 You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein.

7.9 This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.

7.10 Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.

7.11 The relationship between Licensor and you is that of independent contractors and neither you nor your agents shall have any authority to bind Licensor in any way.

7.12 Licensor may change the terms of this Agreement from time to time. By continuing to use the Recordings beyond a period of 30 days after notice of such change has been provided on a public website of Licensor or its affiliate for the first time, you signify your consent to the revised terms.

This End-User Licence Agreement may have been subsequently updated – the version of the agreement currently in force can be viewed and printed at:
www.learningmethods.com/DL-Licence-EndUser.htm.  Should you have any questions concerning this Licence, or if you desire to contact Licensor for any reason including requesting permissions, please contact Licensor by e-mail at: or by post to the current LearningMethods office address as listed at www.learningmethods.com/Contact.htm.