This Terms of Use is a legal agreement between Customer and Whizlabs (Whizlabs or Whizlabs Software) for the use of Whizlabs AMS (Assessment Management Solution). By installing or using Whizlabs AMS, customer agrees to be bound by the terms and conditions detailed herewith. If customer do not agree to the terms, customer are not authorized to use the AMS.
Copyright
AMS is protected by copyright laws. All title and copyrights in and to the AMS are owned by Whizlabs or its suppliers.
Grant of License
This Terms of Use grants customer the right to use the AMS. Customer may not make copies of AMS for any reason, or reverse engineer, recompile, or disassemble the Software, without express written permission from Whizlabs. Customer cannot use the assessment content out side the Whizlabs AMS without the consent of Whizlabs. Whizlabs AMS can be used as per the work order agreed upon. To activate the tests in AMS, customer needs to purchase license from Whizlabs. Based on the numbers of users and tests licensed to clients, licenses are issued. Customer retains ownership of all Customers’ data, created by Customer and rightfully belonging to Customer, while properly accessing the AMS under Customer's login ID. Whizlabs is committed to protect customers privacy (see Whizlabs Privacy Policy).
Limitation of Whizlabs Obligations and Liability
Whizlabs will utilize its commercially reasonable efforts to maintain acceptable performance of Whizlabs AMS it provides.
Whizlabs will not be liable for the inadvertent erasure, corruption or disclosure of data by Customer. Whizlabs shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions, whether or not caused by the fault or negligence of Whizlabs.
Whizlabs liability to Customer, and any end user of any plan or other Whizlabs service, is limited to the amount paid to and received by Whizlabs for services. In no event shall Whizlabs be liable to customer, or any end-user, or any other entity, for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Whizlabs has been advised of the possibility of such damage.
Customer will take all necessary measures to preclude Whizlabs from being made a party to any lawsuit or claim regarding Whizlabs services provided to any customer or end user. Customer hereby agrees to indemnify and hold Whizlabs harmless from any and all claims of whatever nature brought by any of Customer's customers against Whizlabs in excess of the amount paid to and received by Whizlabs for services not accepted.
Entire Agreement
Customer agree to indemnify, defend and hold Whizlabs Software, its affiliates, officers, directors, employees, consultants and agents harmless from any and all third party claims, liability, damages and/ or costs arising from your use of our services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will waive to the benefit of Whizlabs successors, assigns and licensees.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if produced in writing and signed by Whizlabs Software.
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