Open Learn’s Legal Information Terms and Conditions

The following Terms and Conditions govern your use of the Open Learn Web Site and the Materials that are accessible on or from the site. Please read them carefully before entering the site, and refer to them as necessary as you explore the Open Learn Web Site. Your use of the Site means that you accept the Terms and Conditions. If you do not agree with these Terms and Conditions, please do not visit or use the Open Learn Web Site.


1. Confidentiality

Those areas of the Open Learn Web Site which you access by using a password or other security device (including the Channel Support Network) contain proprietary and confidential information of Open Learn and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information (“Open Learn Confidential Information”). By accessing Open Learn Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your Open Learn products, or, if you are a Open Learn Channel Partner, your customers’ Open Learn products. You also agree to be careful with this Open Learn Confidential Information and to only disclose it within your company to employees with a “need to know” who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any Open Learn Confidential Information that you receive. Open Learn discourages you from sending us any information that you consider to be confidential or proprietary through this Web Site. Please note that if you do send us any such information or material, Open Learn will assume it is NOT confidential. By sending Open Learn information or material, you grant Open Learn an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Open Learn is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.


2. Open Learn Ownership of Information

The information on this Web Site, along with any Materials (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of Open Learn and/or its suppliers and is protected under US and worldwide copyright laws and treaty provisions. Open Learn grants you permission to copy such Materials so long as each copy (i) is solely for informational, non-commercial use in support of Open Learn products and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original AND (iii) displays a statement that the Materials are used solely with permission of Open Learn. Any software which you download from the Open Learn Web Site is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law. Refer to www.Open[3] for information on Open Learn’s trademarks and proper trademark usage. All other brands and names are property of their respective owners.


3. Disclaimers

THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED “AS IS,” AND OPEN LEARN EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIALS. IN NO EVENT SHALL OPEN LEARN BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES, OR COSTS OF REPLACEMENT GOODS. Although Open Learn has attempted to provide accurate information on this Web Site as a service to its users, Open Learn assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. Open Learn may change the programs or products mentioned at any time without notice. Mention of non-Open Learn products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Please contact your local Authorized Open Learn Reseller for information as to products and services available in your country.


4. Export Control

Export of any information from the Open Learn Web Site (including Confidential Information obtained through Open Learn Channel Support Network) outside of the United States is subject to all U.S. export control laws. You will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. You and your organization will not sell, license, or otherwise provide or ship Open Learn products or technical data (or the direct product thereof) for export or re-export to the embargoed countries listed below: Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, and the Republic of Serbia. You also agree that unless you receive prior authorization from the U.S. Department of Commerce, you shall not transfer, export or re-export, directly or indirectly, any Open Learn technology or software (or the direct product of such technology or software or any part thereof, or any process or service which is the direct product of such technology or software) to any of the following nations or nationals thereof: Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iran, Iraq, Kazakhstan, Kyrgystan, Laos, Latvia, Libya, Lithuania, Moldova, Mongolia, North Korea, People’s Republic of China, Republic of Serbia, Romania, Russia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam You agree not to transfer, export or re-export Open Learn’s products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. Government.


5. Federal Government Rights

All Open Learn technical data and computer software is commercial in nature and developed solely at private expense. Software is delivered as “Commercial Computer Software” as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in Open Learn’s standard commercial license for such software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable. Use of the Software or Materials by the Government constitutes acknowledgement of Open Learn’s proprietary rights in such Software or Materials.


6. Privacy

We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That’s why we have put in place a Privacy Statement to protect your personal information. You should review this document before providing any personal data on the Open Learn site. Please read our Privacy Statement.


7. Third Party Statements on Open Learn Web Site; Links

Open Learn may, but is not obligated to, monitor or review statements made by third parties on Open Learn’s Web Site. Users or other third parties may post statements or information on some portions of the Open Learn site from time to time. Open Learn makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. Open Learn expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. Also, at times this site may contain links to web sites maintained by other companies, individuals or agencies which are provided as a convenience to Open Learn users. These linked sites are not under the control of Open Learn, and Open Learn is not responsible for the accuracy of information on such sites. Open Learn does not monitor or review the content of such third party sites and therefore advises you that your access by link to third party sites is at your own risk.


8. Applicable Laws

This Web Site originates from and is maintained in the United States of America, and Open Learn makes no representations regarding the legality of access to or use of the Site or the Materials from other countries. Any export or use of the Materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use, and use is limited as described above in Section 4 of these Terms and Conditions. Access in countries where the Materials are illegal is prohibited. Users who access the Web Site from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. Any claims relating to the Materials or the Web Site will be governed by California law.


9. Limitations on Use

Open Learn may revise these Terms and Conditions at any time. Revisions will be posted on this “Legal Information” page and users are responsible for reviewing the page from time to time to ensure compliance. If Open Learn makes a request to you to stop using Open Learn Channel Support Network and/or to promptly return or destroy any copies of the information provided on this Web Site, you will comply immediately with this request and will confirm in writing to Open Learn within ten (10) days that you have done so.