PETEX SINGLE USER E-LEARNING LICENSE AGREEMENT

(Last Revised April 9, 2012)

PETEX’s electronic courses (“e-learning course” or “E-learning course”) contain copyrighted material. The University of Texas System, through PETEX, grants, and the user of the e-course (“User”) accepts, a non-exclusive, limited license to access and use the e-course subject to the terms and conditions below.

1. Grant of License
Subject to the terms and conditions herein, PETEX grants you, a single individual, a personal, non-exclusive, non-transferable single seat license to access the e-course at a single computer and at a single location using the identification and password information provided to you by PETEX or the one you are permitted by PETEX to create. The standard license for each e-course is granted for the period of time agreed upon by you at the time of the purchase, and following activation by PETEX; this time allocation is cumulative, and you may log into the course as frequently as you like up to the cumulative time limit. Other license terms with different duration periods and discounts may be available on PETEX website.

2. Restrictions
As a condition of this Agreement, you agree you will not: (1) resell, rent, assign, timeshare, distribute, or transfer all or part of the e-course or any rights granted hereunder to any other person; (2) copy any content from the e-course and redistribute or reuse the content in any way, (3) remove any proprietary notices, labels, or marks from the e-course, or otherwise modify the e-course in any way; (4) create derivative works from the e-course, publish or publicly display the e-course; and (5) transfer or sublicense your license to access the e-course as permitted herein to any other person or party.

PETEX reserves the right to terminate your access in its sole discretion, including, without limitation, based on any activity by a User in violation of these terms.

International Users: If you access the PETEX e-courses from a location outside the United States, you are responsible for compliance with all local and international e-commerce laws. You agree that you will not use the PETEX e-courses in any country or in any manner prohibited by United States export control laws or any other applicable laws, restrictions or regulations.

3. Monitoring
PETEX has the right to monitor the use of its e-courses to determine compliance with these terms and any operating rules established by PETEX; and to satisfy any law, regulation or authorized government request.

4. Intellectual Property
PETEX is the exclusive owner of the e-course. PETEX reserves all rights in the e-course not expressly granted herein, and nothing in this license shall imply either a license or ownership of any part of the e-course except as described in this Agreement. This license and your right to use the e-course terminate automatically if you violate any part of this Agreement.

5. No Warranties
PETEX MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH USER, AND PETEX SPECIFICALLY DISCLAIMS ANY WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. PETEX DOES NOT WARRANT THAT THE OPERATION OF THE E-COURSE LICENSE WILL BE UNINTERRUPTED OR ERROR FREE. If the e-course license was purchased in the United States, the above exclusions may not apply to you as some states do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights that vary from state to state.

6. Limitations
IN NO EVENT WILL PETEX BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE DOWNLOAD, USE OR INABILITY TO USE THE E-COURSE. THE PARTIES ARE AWARE THAT THERE ARE CONSTITUTIONAL AND STATUTORY LIMITATIONS ON THE AUTHORITY OF PETEX AND THE UNIVERSITY OF TEXAS SYSTEM (A TEXAS STATE AGENCY) TO ENTER INTO CERTAIN TERMS AND CONDITIONS OF THE LICENSE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THOSE TERMS AND CONDITIONS RELATING TO DISCLAIMERS AND LIMITATIONS OF WARRANTIES; DISCLAIMERS AND LIMITATION OF LIABILITY FOR DAMAGES; WAIVERS; DISCLAIMERS AND LIMITATIONS OF LEGAL RIGHTS, REMEDIES, REQUIREMENTS AND PROCESSES; LIMITATIONS OF PERIODS TO BRING LEGAL ACTIONS; LIABILITY FOR ACTS OR OMMISSIONS OF THIRD PARTIES; PAYMENT OF ATTORNEY’S FEES; DISPUTE RESOLUTION; AND INDEMNITIES (COLLECTIVELY, THE “LIMITATIONS”), AND NOTHING RELATING TO THE LIMITATIONS WILL BE BINDING ON PETEX OR THE UNIVERSITY OF TEXAS SYSTEM EXCEPT TO THE EXTENT AUTHORIZED BY THE LAWS AND CONSTITUTION OF THE STATE OF TEXAS. NOTHING IN THIS AGREEMENT WAIVES SOVEREIGN IMMUNITY BY THE UNIVERSITY OF TEXAS SYSTEM OR THE STATE OF TEXAS.

7. Third Party e-Learning Products Licensed by PETEX
A) SOME PETEX E-LEARNING CONTENT AND PRODUCTS ARE LICENSED FROM THIRD PARTY VENDORS. IN NO EVENT WILL PETEX OR THE THIRD PARTY VENDORS (COLLECTIVELY REFERRED TO AS SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, LOST PROFITS, LOSS OF USE OF EQUIPMENT OR LOST CONTRACTS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE E-LEARNING MODULES OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED, EVEN IF SUCH PARTY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SERVICE PROVIDERS IN ANY WAY CONNECTED WITH THIS AGREEMENT AND WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AGGREGATE PAYMENTS MADE BY CUSTOMER TO PETEX DURING THE THEN CURRENT TERM. B) CUSTOMER AGREES AND ACKNOWLEDGES THAT: (I) SERVICE PROVIDERS BEAR NO OBLIGATION TO VERIFY THE SUITABILITY OR ADEQUACY OF THE MODULES FOR CUSTOMER’S OR ANY USER’S PARTICULAR PURPOSES, WHETHER OR NOT THOSE PURPOSES HAVE BEEN EXPRESSED TO SERVICE PROVIDERS OR NOT AND WHETHER OR NOT SERVICE PROVIDERS COULD REASONABLY HAVE BEEN AWARE OF ANY SUCH PURPOSES; (II) CUSTOMER BEARS ALL RESPONSIBILITY FOR THE SELECTION OF THE E-LEARNING MODULES TO MEET ITS REQUIREMENTS; (III) CUSTOMER HAS REVIEWED THE E-LEARNING MODULES AND THAT IT HAS APPROVED ALL CONTENT THEREIN; AND (IV) CUSTOMER BEARS ALL RESPONSIBILITY TO DETERMINE WHETHER A MODULE IS SUITABLE FOR ITS PURPOSES.


8. Notification of Changes
From time to time, PETEX may revise the terms and conditions contained in this Agreement. Regardless of whether the Agreement is revised, all terms and conditions are subject to the laws and regulations of the State of Texas and policies of the University of Texas System. Please refer to www.utexas.edu/ce/petex link periodically for any changes.

9. Contact Information
Petroleum Extension Service
512.471.5940
http://www.utexas.edu/ce/petex

10. General
This Agreement constitutes the entire agreement between you and PETEX and supersedes any prior agreement concerning the e-course. This Agreement may not be modified, waived or amended except by a writing signed by the parties, and it is governed by the laws of the State of Texas without reference to conflicts of laws provisions. Travis County, Texas, will be the proper place of venue for suit on or in respect of this Agreement.