Crane Institute of America

End User License Agreement

This copy of Copyrighted Crane Institute of Americal Material (the “Online Access”) and accompanying documentation is licensed and sold. This Online Access is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Crane Institute of America, LLC or its subsidiaries, affiliates, and suppliers (collectively “Crane”) own intellectual property rights in the Online Access. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Online Access is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).

Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE ONLINE ACCESS OR BY INSTALLING, USING, OR COPYING THE ONLINE ACCESS. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE ONLINE ACCESS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE ONLINE ACCESS.

License Grant
This Agreement entitles you to use one copy of the Online Training Program for public performance for the specified number of uses for 1 year. This Agreement does not permit the installation or use by multiple users of the Online Access, or the installation of the Online Access on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Online Access. For further information regarding multiple copy licensing of the Online Access, please contact:

Representative: Krissy Heskett
Address: 3880 St. Johns Parkway
Sanford, FL 32771
Phone Number: 407-322-6800
E-mail Address: KHeskett@craneinstitute.com

Restrictions on Transfer
Without first obtaining the express written consent of Crane, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Online Access.

Restrictions on Use
You may not use, copy, or install the Online Access on any system with more than one computer, or permit the use, copying, or installation of the Online Access by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Online Access on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Online Access.

You may not use the database portion of the Online Access in connection with any software other than the Online Access.

Restrictions on Alteration
You may not modify the Online Access or create any derivative work of the Online Access or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Online Access. You may not reproduce the database portion or create any tables or reports relating to the database portion.

Restrictions on Copying
You may not copy any part of the Online Access except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

Limited Online Access Warranty
For a period of 30 days from the date of shipment or from the date that you download the Online Access, as applicable, Crane warrants that when properly installed and used under normal conditions, the Online Access will perform substantially as advertised.

Limited Storage Medium Warranty
For a period of 7 days from the date of shipment or from the date that you download the Online Access, as applicable, Crane warrants that when properly installed and used under normal conditions, the storage medium on which the Online Access is shipped will be free of material defects in material and workmanship.

Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY CRANE, CRANE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE ONLINE ACCESS.

Crane makes no warranty that the Online Access will meet your requirements or operate under your specific conditions of use. Crane makes no warranty that operation of the Online Access will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE ONLINE ACCESS SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE ONLINE ACCESS TO MEET YOUR REQUIREMENTS. CRANE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL CRANE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE ONLINE ACCESS, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF CRANE OR ANY OTHER PARTY, EVEN IF CRANE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS CRANE’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Online Access. Selection of whether to correct or replace shall be solely at the discretion of Crane. Crane reserves the right to substitute a functionally equivalent copy of the Online Access as a replacement. If Crane is unable to provide a replacement or substitute Online Access or corrections to the Online Access, your sole alternate remedy shall be a refund of the purchase price for the Online Access exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Crane to have been caused by you. All limited warranties on the Online Access are granted only to you and are non-transferable. You agree to indemnify and hold Crane harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Florida, without regard to Florida’s conflict or choice of law provisions.

Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Payment
This is a 1 year agreement with payment due per year. Any breach of this licensing agreement without the express written consent of Crane will cause a $25,000 fine, collectible by any means, including but not limited to, a personal judgment, a lien against property, or the acquiring of any business or products that Crane may deem desirable. Crane reserves the right to cancel or terminate licenses at any time.

LICENSE AGREEMENT

This training program cannot be reproduced, copied, edited, added to or deleted from (electronically or otherwise) is whole or any part thereof without the express written permission of Licensor.

That Licensee’s trainer(s) will attend or has already attended the applicable Licensor’s Train-the-Trainer training program.

Licensee’s trainers must pass the Trainer Certification Examination for this program and become a Certified Trainer. Licensee’s trainer(s) must keep their Trainer Certification current during the entire period of this License Agreement. Only Licensee’s employees are eligible to be trainers for the use of this program under this License Agreement.

That Licensor will periodically update the training program with necessary changes that are made to the Licensor’s Workbooks or at least every two years.

That Licensee agrees to compensate Licensor the full amount due for the exclusive right for the specified number of uses of the training program for a period of 1 year.

Licensee must purchase the Licensor’s materials for students attending this training program because this program was structured to these specific materials. Licensee may purchase the Handbooks, Student Workbooks and all other training materials at a special 40% discounted Trainer price. Copyrighted materials may include; Mobile Cranes handbook, Rigging handbook, Forklifts handbook, Mobile Crane Operator Workbook, Small Crane Operator Workbook,Overhead Crane Operator Workbook, Forklift Operator Workbook, Rigger/Signalperson Workbook and/or Rigger’s Capacity Card.

Licensee understands that all materials are copyrighted and may not be reproduced or copied in whole or any part thereof (electronically or otherwise) without the express written permission of Licensor.

Licensee accepts full responsibility for the security of this training program and will be held responsible for any and all legal fees should any part of this License Agreement be violated.

Licensee agrees to the terms set in the Logo and Acronym Usage Guidelines.

Licensee accepts full responsibility for the training conducted by the Licensee’s Trainers and held responsibile for any misimformation provided during training.

Licensee understands they may be subject to an audit at any time by the Licensor.

This License Agreement can be terminated by either party provide written Notification of Termination is delivered to the other party at least thirty (30) days prior to the effective date of termination. All Copyrighted materials will be returned to Licensor by the date of termination.