LEARNING & DEVELOPMENT CENTER

Use License Agreement

DEFINITIONS

Publisher. The Publisher is The Ryan Group, Inc., its brands Get to The Point Books and Learning and Development Center and others, and other affiliates and/or agents.

 

Publications. The Publications are media produced by the Publisher and distributed to Subscribers in accordance with the terms and conditions of this Use License Agreement (Agreement).  Publications refers to any electronic or print media, or combinations of electronic or print media in the form of online books or any other form of resource materials to which the Subscriber subscribes.

 

Subscriber. The Subscriber is an individual, organization, firm, company, or other entity who enters into an agreement with The Ryan Group, Inc. to access and use the Publications.

 

Subscription Period. The Subscription Period is the period for which The Ryan Group, Inc. will supply and make available through its Learning and Development website www.learninganddevelopmentcenter.com the Publications to the Subscriber.

 

End-User. The End-User is defined as a direct employee of the Subscriber and others designated by the subscriber.  For additional information, see Authorized Users in this document.

 

License Fee. The License Fee is the agreed upon amount the Subscriber will pay the Publisher for access to the Publications during the Subscription Period.

 

THIS USE LICENSE AGREEMENT is between The Ryan Group, Inc., 14110 Dallas Parkway, Suite 270, Dallas, Texas 75254-4379, a Texas, USA entity and the Subscriber for the period and fee agreed upon between the two parties.

 

Subscribed Publications. The Publications covered under this Agreement are the Publications offered through the Learning and Development Center website www.learninganddevelopment.com.  At the discretion of the Publisher, as new Publications are published, these Publications will be made available on the website to the Subscriber without additional License Fee for as long as this Agreement is in force.

 

Payment.  The License Fee will be paid by the Subscriber through a credit card accepted by the Publisher and are subject to authorization of payment by the relevant card issuer prior to the dispatch of the Publications by the Publisher to the Subscriber.

 

Payment may be made by the Subscriber as a lump sum or in twelve (12) equal payments, subject to rounding, beginning with the first payment at time of executing this Agreement with eleven (11) additional payments automatically charged against the Subscriber's credit card on or about the first day of each following month.  If for any reason the Subscriber cancels the Subscription during the Subscription Period, the entire unpaid balance will become due and charged against the Subscriber's credit card of record. No refunds will be due or paid. 

 

LICENSE.  The Publisher agrees to grant the Subscriber the right to access and use and to allow authorized End-Users to access and use the licensed Publications in accordance with the terms and conditions set forth in this Agreement throughout the Subscription Period.

 

AUTHORIZED USERS.  Authorized Users are employees, staff and others who are directly employed or affiliated with and authorized by the Subscriber.  Please note that the system requires a valid e-mail address to notify the Authorized User with a key code to upload the Publications to the Authorized Users' desktop, terminal, laptop or other electronic device. The system also records, along with the Authorized User's email address, and the Authorized Users' URL and Host identification information.

 

Authorized Users may include persons affiliated with remote sites of the Subscriber that are administered from the Subscriber's site.

 

Authorized Users may also be certain designated persons who are permitted to access the Publications by the Subscriber.

 

The Subscriber will make reasonable efforts to create and maintain appropriate security measures to ensure that only Authorized Users are able to access subscribed content online.

 

ACCESS.  Authorized Users are permitted to access the licensed Publications from a computer or terminal on the Subscriber's network and to locally or remotely access via a browser using an authorized username and password unique to each Subscriber.  The Subscriber and Authorized Users agree to be bound by the Terms of Use, Privacy, and Conditions of Sale contained in the document located on the website www.learninginganddevelopment.com and is accessed by clicking on the appropriate hyperlink labeled Terms of Use, Privacy, and Conditions of Sale. 

 

PERMITTED USES.  The Subscriber and Authorized Users are permitted to use the licensed Publications in the following forms:

 

Retrieve, use, display, search and download the licensed Publications on a desktop, terminal, laptop, notebook, and other devices including portable electronic devices.

 

Make print and electronic copies of the licensed Publications.

 

Make local electronic copies of the licensed Publications at its own site, to ensure efficient use by Authorized Users.

 

Include the licensed Publications in printed or electronic form for distribution to Authorized Users in the course of instruction and training such as pre-work or work within a workshop or classroom activity.

 

PROHIBITED USES.  Uses other than described above are prohibited.  In particular, the Subscriber and the Authorized Users may not:

 

Modify, adapt, transform, translate or create any derivative work based on the licensed Publications.

 

Redistribute, resell or sublicense the licensed Publications.

 

Systematically make print or electronic copies of the licensed Publications.

 

Remove, obscure or modify copyright notices.

 

Make systematic and persistent local copies of licensed Publications.

 

RESPONSIBILITIES.  The Publisher will use reasonable efforts to ensure that the licensed Publications is available to the Subscriber at all times on the website www.learninganddeveloopment.com, and to restore access as soon as possible in the event of an interruption.  The Subscriber will take reasonable steps to prevent unauthorized use, including efforts to inform Authorized Users of the terms and conditions, and monitor compliance and inform the Publisher of any unauthorized use or other breach.

 

Reproductions, Disclaimers, and warranties.  No part of the Publications may be reproduced, adapted, serialized, reverse engineered, or transmitted in any form or by any means except as permitted according to and under the 1976 United States Copyright Act (17 U.S.C.) sections 107 and/or 108. Inclusion in any publication, whether for commercial or non-commercial purposes, and is strictly prohibited. Please contact The Ryan Group, Inc. to request permission to reproduce or reuse any content, or to purchase additional licenses.

The Publications are provided �as is.� The Ryan Group, Inc. disclaims any warranties, expressed or implied, regarding its accuracy or reliability, and assumes no responsibility for errors or omissions. To the extent permissible by law, The Ryan Group, Inc. accepts no liability for any injuries or damages caused by acting upon or using the content contained in the Publications.

If any part of the Publications are defective in workmanship or materials, The Ryan Group, Inc.�s sole and exclusive liability is limited to the replacement of the defective material. Some states do not allow exclusions or limitations of implied warranties or liability in certain cases, so the above exclusions and limitations may not apply.

TERMINATION.  This License shall commence at the beginning of the Subscription Period and shall automatically terminate at the end of the Subscription Period, unless the parties have previously agreed to renew it. In addition to automatic termination (unless renewed), this License shall be terminated if the Subscriber fails to pay the License Fee, if either party commits a persistent breach of this License, or if either party becomes insolvent or becomes subject to receivership, liquidation or similar external administration.

 

Under no circumstances will the Subscriber be due or entitled to or be paid by The Ryan Group, Inc. any refund or issued any credit of Subscription Fees should the License be terminated for any reason. 

 

The Ryan Group, Inc.
14110 Dallas Parkway, Suite 270

Dallas, Texas 75254-4379

(972) 759-0738

 

 

TERMS OF USE

 

Use License Agreement

 

Terms of Use, Privacy, and Conditions of Sale