End User License Agreement

END USER LICENSE AGREEMENT (EULA) FOR LEARNING TO THINK®

I. INTRODUCTION

THIS LICENSE AGREEMENT (the "AGREEMENT") IS A LEGAL CONTRACT BETWEEN YOU AND SIX SIGMA SOCIAL INC. ("SIX SIGMA SOCIAL INC") AND PROVIDES THE TERMS OF USE FOR THE LEARNING TO THINK® ONLINE TRAINING PROGRAM. 
PLEASE READ THE AGREEMENT CAREFULLY.


BY LOGGING INTO LEARNING TO THINK® SYSTEM OR ACCESSING ANY LEARNING TO THINK® CONTENT, YOU ACKNOWLEDGE AND ACCEPT ALL TERMS AND CONDITIONS OF THE LICENSING AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CONTACT SIX SIGMA SOCIAL IMMEDIATELY AT (800)335-6234 OR [email protected] WITHIN 48 HOURS OF ACTIVATION FOR A FULL REFUND IN ACCORDANCE WITH OUR REFUND POLICY. AFTER 48 HOURS YOU WILL BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT.

II. GRANT OF LICENSE

Subject to the terms and conditions of this agreement, Six Sigma Social Inc hereby grants you, the customer ("Customer"), a non-exclusive license to use Learning to Think®.  Alan M. Leduc  retains all other rights, title, and interest in Learning to Think®.  All rights not granted to Customer under this Agreement, including Federal and international intellectual property rights, are hereby reserved by and to Alan M. Leduc.

Unless otherwise expressly agreed in writing by Six Sigma Social Inc, Customer is the only authorized user to access and login to the Learning to Think® Training Program the customer has purchased. The Learning to Think® Training Program may not otherwise be shared or used concurrently on multiple computers.

Customer grants Six Sigma Social Inc and its agents the right to audit Customer’s use of Learning to Think® at any time upon reasonable notice.

III. REPRODUCTION AND MODIFICATION

Customer may not copy or download the videos within Learning to Think® under any circumstances.  Customer may download other types of media assets such as PDF’s or Excel files as allowed by Learning to Think®'s functionality.  Except as expressly provided in writing by Six Sigma Social Inc, Customer may not modify, update, customize, or reverse-engineer the Learning to Think® system or any associated documentation in any manner or for any purpose. 

Learning to Think® may not be integrated with other programs or hardware devices, nor may Customer create any derivative works based on Learning to Think®, including any product or application having functionality similar to Learning to Think®.

IV. ASSIGNMENT AND TRANSFER

Customer may not sell, distribute, loan, sublicense, or rent Learning to Think® to a third party, nor may Customer transfer or assign any of Customer's rights under this Agreement to a third party.

V. TERM OF LICENSE

The license is effective upon Customer’s acceptance of the Agreement, or upon Customer’s use of Learning to Think®, even if Customer has not expressly accepted this Agreement.  The license is thereafter effective until terminated or revoked.

Six Sigma Social Inc may terminate this Agreement at any time without notice if Customer does not adhere to each and every provision of the Agreement.  Customer may terminate this license at any time by providing Six Sigma Social Inc with written notification of Customer’s termination of the license.

Upon termination of the license under any circumstances, Customer agrees to immediately cease use Learning to Think®.  Customer further agrees to provide Six Sigma Social Inc with written verification that Customer’s use of Learning to Think® has ceased.

VI. WARRANTY

Six Sigma Social Inc provides Learning to Think® "as-is" without warranty as to its performance or results of its use.  Six Sigma Social Inc hereby disclaims all warranties, express or implied, to the extent authorized by law.  Customer hereby assumes responsibility for use of Learning to Think® and any effects resulting from such use including those due to the quality and/or performance of Learning to Think®.

The provisions of this section shall survive the termination of the Agreement, but shall not imply any further rights, including continued use of Learning to Think®.

VII. REMEDIES

Under this Agreement, Customer’s sole remedy is to cease use of Learning to Think® and immediately contact Six Sigma Social Inc.  Six Sigma Social Inc will use reasonable efforts to provide Customer with a version update or technical advice within reason, or at the sole discretion of Six Sigma Social Inc, refund Customer’s purchase price for the purchased training program.

Six Sigma Social Inc shall bear no responsibility for any harm, actual or perceived, resulting from any use of Learning to Think®.

VIII. INDEMNIFICATION

Customer agrees to hold Six Sigma Social Inc and its agents, officers, and employees harmless from any and all liabilities, expenses, damages, and other claims arising from the use of Learning to Think® by the Customer or any third party.

IX. GENERAL

Any part of this Agreement found to be void and unenforceable shall not affect the validity of the remaining terms in the Agreement.

This Agreement shall be governed by the laws of the State of Arizona.  This agreement will not be governed by the conflict of law rules of any jurisdiction.  Customer hereby consents to the exclusive jurisdiction and venue of the federal or state courts sitting in Arizona to resolve any disputes arising under this agreement.

The Learning to Think® curriculum and instructional content remains the sole property of and is copyrighted by Alan M. Leduc – all rights reserved.   

This Agreement constitutes the full and complete agreement between Customer and Six Sigma Social Inc and shall supersede all prior agreements, whether oral or written.  This Agreement may only be modified by a signed writing from an authorized agent of Six Sigma Social Inc.