These Terms of Service ("Terms of Service"), together with any documents, policies, or terms they incorporate by reference (collectively, the "Terms") are entered into by and between you and Skill Dynamics ("Skill Dynamics", "we", "our" or "us"). For purposes of these Terms, "you" includes, individually and collectively, any individual you (the user or the user's entity or organization) permit to visit, view, use, or access the Platform under your Plan. To the extent that you have entered into another written agreement with Skill Dynamics that contains terms that directly conflict with any of these Terms, then the conflicted terms set forth in such other agreement will control.
You acknowledge and agree that by signing or confirming a Sales Order, or other agreement incorporating these terms, that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms, then you may not access or use the Platform.
A. Grant of rights.
In addition to the rights granted in the Terms of Service, Skill Dynamics hereby grants to you a non-exclusive, non-transferable right to use the Course Content (outlined in the associated Sales Order) for the period of time stated in the Sales Order, and subject to the limitations set forth in the Terms of Service, and any applicable Sales Order. B. Delivery
Course Content will be deemed to be delivered and accepted by you on the date of the installation of the Course Content by Skill Dynamics has been completed as further detailed in a Sales Order and/or Statement of Work. C. Warranties
Skill Dynamics warrants that the Course Content will substantially conform to the applicable Documentation for the term of the applicable Sales Order. This warranty does not apply if the Courses: (i) has been altered, except by Skill Dynamics or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Skill Dynamics, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (iv) is licensed for testing or demonstration purposes or other circumstances for which Skill Dynamics does not receive a payment of a purchase price or license fee. Skill Dynamics will use commercially reasonable efforts to deliver to you Content free from any viruses, programs, or programming devices designed to modify, delete, damage, or disable the Software in violation of the Documentation provided. In addition, Skill Dynamics does not warrant that the Software or any equipment, system, or network on which the Software is used will be free of vulnerability to intrusion or attack.
Skill dynamics does not warrant that the operation or other use of the Content will be uninterrupted or error-free or will not cause damage or disruption to your data, computers, or networks. Without limiting the foregoing, skill dynamics will have no liability arising from any security incident or data loss that would have been prevented if you had implemented a reasonable security solution, device(s), or features, including but not limited to "patches," fixes and updates for the Content provided or made available by skill dynamics to you. D. End of term
On or before the end of the Term, you agree to confirm to us in writing that any Content provided by Skill Dynamics which has been hosted on your LMS has been formally removed and is no longer accessible to both individual learners or you as a Customer. This includes, but is not limited to any copies on every: hard or removable drive, compact disk or DVD, flash or USB drive, remote storage, or backup location. You will also destroy all documentation provided as part of the setup.