Commonwealth Films Inc. License and Policy Terms/Conditions
Commonwealth reserves the right to decline preview, demo, or sale orders and to limit quantities, at its sole discretion. All prices and terms/conditions subject to change without notice. Not responsible for typographical errors. A placed order constitutes acceptance of Commonwealth's terms and conditions. Additional terms and conditions apply. See Commonwealth's Policies/Terms for details.
A purchase of an educational program/product ("Program") from Commonwealth Films Inc. (including any/all other Commonwealth Films Inc.-designated organizations/entities including but not limited to Commonwealth Media Corporation, Inc.; collectively referred to herein as "CFI") is a limited license to use, granted by CFI to a Client organization ("Client"), subject to specific licensing terms, restrictions, and limitations of use ("License"). A placed order constitutes Client's acceptance of CFI's complete licensing and policy terms and conditions. CFI's complete licensing and policy terms and conditions apply to all Program Licenses.
Without prior express written permission from CFI to the contrary, Client acknowledges and agrees that:
Non-network Use: The purchase of a CFI Program is a limited License to use said Program, for single-copy, non-network use only. Program is not licensed, in whole or in part, for use, deployment, or storage/archiving on any form of server or electronic network of any kind, or to otherwise be made accessible via the Internet, an intranet system, or any other form of distribution or deployment delivery system (whether now known or not yet known), or to be broadcasted, narrowcasted, streamed, downloaded, stored, or otherwise transmitted, played, served from, deployed via, or otherwise to be accessible from one computer to another or over a network or via any multi-receive open or closed circuit system, computer, server, or any other electronic network of any kind (whether now known or not yet known) in any unauthorized manner inconsistent with the terms and spirit of CFIs complete license and policy terms and conditions.
Client is not authorized to create any additional copies of Program, in whole or in part, for any purpose. Any form of duplication of Program, even for "backup" purposes, is strictly prohibited. Client shall not permit or otherwise cause Program, in whole or in part, to be reproduced, duplicated, copied, stored, digitized, translated, edited, altered, abbreviated, resold, rented, licensed, loaned or otherwise modified in any way, or for any derivative works of any kind to be created from said Program.
Program is not licensed for deployment through or incorporation, in whole or in part, into any Client-created or third party-created educational, dissemination, or presentation program, product, or service of any kind (now known or not yet known), or otherwise to be transferred to or via, stored upon, distributed or transmitted via, or deployed or displayed through any program or media format/type of any kind, including but not limited to any network server; any e-learning or educational authoring or presentation software program, system, or service; or via any kind of learning management system of the like.
Program is licensed exclusively for internal training of authorized Client employees and direct representatives only. Client must not allow Program to be made accessible to any unauthorized users, nor to be accessible or otherwise displayed via the Internet or any other publicly accessible means.
(Please note that network licenses, as well as volume purchase, duplication, translation, and customization licenses are available for most Program titles from CFI; please inquire for complete licensing terms and details.)
Additional license and policy terms/conditions may apply to Client license on an individual case-by-case basis, at the sole application and discretion of CFI.
Additional terms, conditions, and restrictions apply to association and consultant use; please inquire.
Additional terms, conditions, and restrictions apply to e-learning Programs produced by Commonwealth Media Corporation, Inc. and otherwise produced/distributed by CFI; please inquire.
Orders are subject to applicable shipping charges, format/language charges, and applicable tax; contact us for details.
||Standard Purchase/Preview Shipping: $15.00 USD/order (US only)|
||International/Air Shipping: per carrier rate; contact us for details.|
||$25 USD fee for each PAL/SECAM/LANGUAGE conversion(s)|
||MA residents: add 5% sales tax|
All Programs are copyrighted and protected under United States and international copyright laws. CFI retains all rights in and to Program and any supporting files/documents. ALL RIGHTS RESERVED.
Commonwealth Films Inc. reserves the right to decline preview evaluation or purchase requests, and to limit quantities.
All prices and terms subject to change without notice, at the sole discretion of CFI. CFI is not responsible for typographical errors. All sales are final.
This license assumes no Client-specific issues that require additional technical, deployment-related modifications. Thus, any additional modifications, enhancements, or the like that may be required of Client's computer system(s) or other systems to enable it's users to lawfully access and use the Program shall be the sole responsibility of Client, at it's sole expense. Similarly, any costs/liability associated with the deployment of the Program on Client's system shall be Client's sole responsibility.
Client is responsible for payment of any and all monies due to CFI in a timely, commercially reasonable manner.
CFI reserves the right, at any time and at its sole discretion, to modify its license and policy terms. Client is responsible for regularly reviewing this document ("Agreement") in order to become aware of any such modifications. Continued use of a CFI Program by Client constitutes Client's acceptance of CFI's complete licensing and policy terms and conditions, as modified.
CFI reserves the right, at any time and at its sole discretion and with or without cause, to terminate, suspend or otherwise revoke any License previously granted for any reason whatsoever, including, without limitation, if CFI believes that Client or its user(s) have violated or acted inconsistently with the letter or spirit of CFI's complete license and policy terms and conditions. Any such action may be effected without prior notice.
Preview Evaluation Terms:
The five day preview ("preview") period is solely for Client management's evaluation of a Program for serious purchase consideration, and previews are not to be used for educational screenings, training purposes, or any other non-evaluation purpose. If, upon previewing a Program, Client elects to request a license of said program, Client agrees to notify CFI immediately via phone, fax, or email. Previews not returned soon after the five-day preview evaluation period shall be considered purchased and invoiced accordingly. Client is responsible for prompt return of any preview evaluation copies of the Program(s), and payment of return postage and insurance. The preview fee (if any) is applicable toward purchase if within thirty (30) days of order, but is not refundable. CFI's complete terms and conditions apply to preview orders. Return of Previews: By ordering a preview evaluation copy of a Program, Client accepts the obligation to return all materials at its own expense. For Client's protection and to aid in the tracing of lost shipments, all returns must be shipped via UPS or other national carrier and insured for the full purchase price of the Program(s). Failure to do so makes Client liable for full replacement costs if the Program(s) is/are lost or stolen in transit.
Notice Regarding Content:
Much of the information content within CFI's Programs is based on or adapted from actual case law and realistic business situations/scenarios. However, the examples, characters, events, cases, organizations, government entities, products, and the like depicted therein, are fictitious and are dramatizations. Any likeness or resemblance to, or association with, any actual or real individual or character (living or not living), event, case, organization, government entity, product, and the like is purely coincidental and unintentional, and should not be inferred. The examples, lessons, teaching points, case-studies, and all other educational/awareness-raising information content within CFI Programs are not intended to be a substitute for proper legal or business advice. Such information content does not offer or constitute the provision of legal advice, and also does not create or intend to create an attorney-client relationship of any kind between a user/licensee on the one hand, and CFI. and/or other Commonwealth Films-associated entities (including but not limited to Commonwealth Media Corporation, Inc.) on the other hand. Client and Client users should consult their own professional legal counsel, rather than rely or act upon any information, legal interpretation/summary, or the like that might be provided within or construed from the information content of the Programs, which are provided for educational purposes only. Any specific Client questions or concerns about the subject matter addressed should be brought directly and promptly to the attention of any appropriate professional legal counsel, as determined by Client. The views expressed by CFI and within its Programs are exclusively those of its authors and not of any other organization, individual, or government entity, including but not limited to The United States Department of Justice, The Securities Exchange Commission, and others. No such association or linkage between CFI (and/or the other associated entities) and such third party entities should be inferred.
Disclaimers/Limitation Of Liability:
Client is solely responsible for ensuring that all information and software embodied on its computer systems and other systems are stored and backed up appropriately as necessary. CFI and CFI-designated service providers shall have no liability whatsoever for any loss of software, data, or other information from your computer and/or computer network or from any modifications made to same including modifications or deletion of files.
CLIENT'S USE OF PROGRAM, INCLUDING BUT NOT LIMITED TO ITS INFORMATION CONTENT AND HARDWARE AND SOFTWARE, PROVIDED BY CFI IS AT CLIENT'S OWN RISK. ALTHOUGH CF PROGRAMS ARE INTENDED TO BE EDUCATIONAL, TO THE MAXIMUM EXTENT PERMITTED BY LAW CFI MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING ANY ASPECT, PART, OR CONTENT OF THE CFI PROGRAM OR WEB SITE, INCLUDING BUT NOT LIMITED TO THE ASSUMPTION THAT CLIENT OR ANY CLIENT USER OF THE PROGRAM WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION, OR ACHIEVE ANY OTHER TANGIBLE OR INTANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, INFORMATION CONTENT, OR OTHER OFFERINGS IN CONNECTION WITH THE PROGRAM OR OTHERWISE. CFI MAKS NO REPRESENTATIONS WHATSOEVER ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, AND/OR ACCURACY OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO ITS INFORMATION CONTENT AND COMPUTER CODE, IF APPLICABLE, FOR ANY PURPOSE. THE PROGRAMS AND ALL RELATED EQUIPMENT, SOFTWARE, INFORMATION CONTENT, SERVICES, AND ALL OTHER CONTENT THEREOF ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW. CFI, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES THAT ACCESS TO OR USE OF OR OPERATION OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CLIENT OR CLIENT USERS WILL BE ABLE TO ACCESS THE PROGRAMS AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE PROGRAMS, ITS SOFTWARE, SERVICES, INFORMATION CONTENT, OR RELATED EQUIPMENT OR SERVICES, WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. CFI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PROGRAMS AND ALL RELATED SERVICES, SOFTWARE, INFORMATION CONTENT, AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY; OF FITNESS FOR A PARTICULAR PURPOSE; OF ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTENT, SOFTWARE, AND THE LIKE; OF WORKMANLIKE EFFORT; OF LACK OF COMPUTER VIRUSES, MALICIOUS CODE OR OTHER HARMFUL ITEMS; AND OF LACK OF NEGLIGENCE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, TITLE, AND NON-INFRINGEMENT. IF CLIENT'S USE OF THE PROGRAMS, INCLUDING BUT NOT LIMITED TO THE SOFTWARE OR COMPUTER CODE OR INFORMATION CONTENT THEREOF, RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CFI IS NOT RESPONSIBLE FOR THOSE OR ANY OTHER RELATED COSTS. IF ANY OF THE MATERIAL WITHIN THE PROGRAMS IS PROVIDED BY THIRD PARTIES, YOU AGREE THAT CFI SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.
This Agreement constitutes the entire agreement between Client (and its individual users) and CFI with respect to the use of Program (excluding the use of any software or other product which may be subject to an end-user license agreement) and it supercedes all prior or contemporaneous communications and proposals, whether oral or written or electronic, between CFI and Client with respect to Program and terms/conditions of use.
All original content of Program and the CF Website is Copyright CFI and/or its designated partners and suppliers, c/o Commonwealth Films Inc., 223 Commonwealth Avenue, Boston, MA, 02116, USA. All rights reserved.
Any rights not expressly granted herein are reserved.