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End User License Agreement | Whizlabs

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End User License Agreement

By clicking "I accept" or "I agree" or using the Services, the Licensee is entering into and is expressly consenting to be bound by and become a party to this End User License Agreement ("EULA") with Whizlabs.

In this EULA:
- Whizlabs shall have reference to Whizlabs Software Private Limited or Whizlabs Education, Inc., as applicable, including its affiliates (collectively, "we", "us" or "Whizlabs").
- Licensee shall have reference to the Individual/ Entity licensing the Services of Whizlabs.

This EULA governs all uses of the Services. Access or use of Services for which you have registered or enrolled constitutes acceptance of this EULA as a binding agreement. By using the Services, you represent that you: (1) have read and understood the terms; (2) agree to use the Services in compliance with applicable laws and the terms of this EULA; and (3) are an Authorized User (as defined below). You may not use the Services if you do not agree with the EULA or if you are not a User.

1. Key Definitions

  1. This website and its related applications, technology, content, and services (collectively the "Services") are owned or licensed by Whizlabs.
  2. The Services may be delivered to you through the Internet via your browser or app (mobile or otherwise) and may include enrolment ("Enrolment") in one or more online courses ("Course(s)") provided through the Services for your individual use or use in connection with classes and programs offered by your employer ("Institution").
  3. While your User Account (defined below) for the Services may continue for an indefinite period of time during which you may enrol in other Courses, your access to those specific Courses provided through the Services is provided on a subscription basis for a limited period of time (each a "Subscription").
  4. The Services may be provided directly by Whizlabs or accessed through a third-party integration with accounts managed by your Institution or an integrated third-party service provider ("Third-Party Service").
  5. The Services may link to or provide options to access third-party websites or applications.

2. Authorised Users of Services

  1. The Services are available only to individuals, including but not limited to administrators or other representatives of Institutions, and students, who have gained lawful access to the Services directly from Whizlabs or its Third-Party Service provider or through the Institution with which such individual is affiliated ("Authorized User").
  2. You must register for a user account ("User Account") by providing your first name, last name, valid email address (and in the case of Enrolments, your Institution and Course name or code), and designating a secret and unique username and password ("Account Credentials"), as well as any additional information that may be required by your Institution, in order to initiate access to the Services.
  3. Where your User Account is established by your Institution, or by way of direct access from an integrated Third-Party Service, such as a learning management system or enterprise resource planning systems, there may be additional terms of use or requirements for account access.
  4. In all cases, Whizlabs may use your Account Credentials to validate your account prior to providing access to the Services each time you access the Services.
  5. You may have only one active User Account at any given.
  6. You agree to provide accurate and truthful information when creating a User Account and to promptly update such information should it change.
  7. You may access or register for the Services only if you are under the age of 13 or above. If you are under the age majority pursuant to the laws in your jurisdiction (typically under the age of 18), you may not register or use the Services without first obtaining permission from your parent or guardian.
  8. You understand and acknowledge that the administrators associated with your Institution or a Third-Party Service may have access to your User Account and may suspend, modify or terminate your User Account and/or your access to the Services at any time and for any reason.

3. Permitted Uses of user Account

  1. Your User Account is for your personal use only. Unless Whizlabs has provide an approved mechanism for such use, you shall not allow others to access or use the Services through your User Account. You are responsible for all uses of the Services associated with your User Account, whether the use is made by you personally or by a third party.
  2. THE USER ACCOUNT SHALL NOT BE USED FOR ANY COMMERCIAL PURPOSES INCLUDING ANY DIRECT OR INDIRECT USES THEREOF, WHICH MAY OR MAY NOT HAVE THE CONSEQUENCE OF DEPRIVING WHIZLABS OF ANY POTENTIAL FEES OR OTHER CONSIDERATION THEREOF. IN CASE OF ANY UNAUTHORISED COMMERCIAL USE OF THE USER ACCOUNT, WHIZLABS SHALL HAVE THE RIGHT TO UNDERTAKE APPROPRIATE MEASURES INCLUDING BUT NOT LIMITED TO AN IMMEDIATE SUSPENSION OF THE ACCOUNT, LEGAL CLAIMS/ SUITS FOR INFRINGEMENT ETC.
  3. Authorised Use of the User Account through Institutions as described in Section 2 above shall not be considered as a non-compliance of Section 3.2 above.
  4. In order to protect the security of your Account Credentials and the Services, you shall maintain the confidentiality of your Account Credentials by necessarily agreeing not to use Account Credentials other than your own; or disclose your Account Credentials to any third party or service, other than an authorized Third-Party Service.
  5. You agree to take reasonable steps to protect the secrecy of your Account Credentials and immediately notify Whizlabs at [email protected] of any known or suspected loss, disclosure, or theft of your Account Credentials and/or access codes you obtain in connection with the Services.

4. Intellectual Property Rights

  1. The website, Course materials and other content provided through the Services (collectively, "Materials") and any supporting software, applications and systems (collectively "Applications") are the exclusive property of Whizlabs Education, Inc. and/ or Whizlabs Software Private Limited, as applicable and, its affiliates, and/or its licensors, and are protected by international copyright and other intellectual property laws of the US, India and various other counties. All rights not expressly granted herein are reserved by Whizlabs.
  2. Except as may be set forth in this EULA, any reproduction, redistribution, modification, publication, or adaptation of Materials or Applications, either wholly or in part(s) thereof, without the express written consent of Whizlabs and/or its licensors is strictly prohibited. While the Services may allow you to copy or download certain Materials, however the same shall be used as 'permitted education uses' under the applicable intellectual property right laws; however, provided that the aforementioned restrictions continue to apply.
  3. Unless otherwise indicated, trademarks, service marks and trade names (collectively "Marks") that appear on the Services are the property of Whizlabs or its licensors. Any trademarks not owned by Whizlabs that appear in the Services are the property of their respective owners.
  4. You agree not to misuse or disparage any Marks associated with the Services or use the Marks (or any confusingly similar marks) in such a way that would misrepresent the ownership of the Marks or otherwise confuse the public as to the source or origin of any products or services.
  5. You should not use any Mark without obtaining the written consent of the Mark owner, using appropriate notice and attribution of the owner's trademark rights, and using the Marks in accordance with applicable usage guidelines as provided by a Mark's respective owner. Any such permitted use of the Marks by you shall be to the benefit of the respective Mark owner.

5. Grant of License

  1. Whizlabs grants to you a limited, non-transferable, non-exclusive, non-sublicensable license to use the Services for their intended purpose and subject to the terms and restrictions set forth in this EULA, the Privacy Policy, and any additional terms which may be established by your Institution or Third Party Service.
  2. You may use, display, and, when such functions are available on the Services, reformat, download, and print, Materials obtained through the Services solely for your own personal, non-commercial, and personal educational purposes.
  3. You are responsible for meeting the then-current hardware, operating system, Internet browser and other technical requirements necessary to properly use and access the Services.
  4. All rights not specifically granted herein are reserved by Whizlabs.
  5. You acknowledge that the license granted under this EULA does not provide you with title to or ownership of the Services, or the Materials contained therein, but only a right of limited use subject to the terms and conditions of this EULA.

6. Fair use of Materials

Where you may require the reproduction of Materials for educational purposes of a non-commercial nature, falling within the scope of, or permissible as "fair use", "fair dealing" or its equivalent under applicable copyright and intellectual property laws, you may request a specific permission from us to reproduce the Materials.

7. Prohibited Uses of Materials

  1. Except as you may be expressly permitted by this EULA, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer, record, share, take screenshots, or redistribute any Materials in any form, format, or media or by any means without obtaining the prior written authorization of Whizlabs and/or its licensors.
  2. You acknowledge that the dissemination of any assessment questions or answers contained in the Materials will materially diminish the value of the Services and is strictly forbidden. Without limiting this restriction, you acknowledge that the following "Prohibited Uses" shall not constitute "fair use" and are specifically prohibited under the terms of this EULA in the absence of written permission and that any such Prohibited Use constitutes a material breach of the terms of this EULA:
    1. making the Materials available in print format in connection with "course packets" and/or library reserve materials or otherwise making the Materials available online outside of the Services, regardless of whether such use is related to the course for which the Services are provided;
    2. making the Materials available, by any means, to others (even members of your Institution) who are not Authorized Users and/or in connection with courses or other activities for which the Services are not authorized for use;
    3. publishing or otherwise disseminating outside of the Services solutions to questions or other assessment content contained in the Materials (whether generated by you, Whizlabs, or a third party); and
    4. reproducing or distributing outside the Services, by any means, any illustrations, charts, photographs, outlines, extensive text excerpts, chapters, or e-books included in the Materials.

8. Prohibited Uses of Services

  1. You are expressly prohibited from any conduct that: (a) threatens the security, integrity, or availability of the Services; (b) provides or facilitates access to the Services by unauthorized users or services; and/or (c) results in prohibited duplication, transmission, or exposure of the Materials, Applications, or User Content (as defined below) associated with the Services.
  2. You represent and agree that you shall not use the Services in violation of this EULA, any applicable local, state, national, or international law or regulation, and/or the academic rules or policies of your Institution.
  3. You further agree that you will not use the Services in a manner which threatens the security, stability, or integrity of the Services or networks connected to the Services ("Service Network").
  4. Without limiting the foregoing, you acknowledge and agree that you will not take any action to:
    1. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; including using another person's Account Credentials (including passwords) or making your User Account or Account Credentials available for use by others;
    2. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code," or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Services, any data or content found on or accessed through the Services, or any other Materials without the prior written consent of Whizlabs, either by visible display on the Services or access through a visible link on the Services;
    3. violate any measure employed to limit or prevent access to the Services or otherwise obtain or attempt to obtain through any means any content, functionality, or other information which has not been intentionally made available to you either by visible display on the Services or access through a visible link on the Services;
    4. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
    5. attempt, in any manner to gain unauthorized access to the Service Network, obtain the password, Account Credentials, or other security information from or of any other Authorized User, or otherwise violate the security of the Service Network or access encrypted codes;
    6. interfere with or disrupt (or attempt to interfere with or disrupt) the proper working of the Services or Service Network, or violate any requirements, procedures, policies or regulations of the Service Network;
    7. take or attempt any action that, in the sole and absolute discretion of Whizlabs, imposes or may impose an unreasonable or disproportionately large load or burden on the Service Network, disrupts the normal flow of data, or threatens the stability of the Services or Service Network; or
    8. engage in any conduct which, in Whizlabs's sole and absolute discretion, diminishes the pedagogical or commercial value of the Services, infringes any proprietary rights in the Services, Materials, or Applications, or otherwise violates this EULA.
  5. Whizlabs reserves the right, at its sole discretion, to suspend or terminate access to and use of the Services with respect to any user that Whizlabs reasonably believes has undertaken, or participated in, any of the foregoing activities, violated the terms of this EULA, or whose actions have, or are likely to, otherwise cause harm to Whizlabs, the Services, the Service Network, or other users, or for any other reason at the sole and absolute discretion of Whizlabs. Additionally, Whizlabs may suspend or terminate your access at any time at the request of your Institution.

9. User Content

  1. The Services may provide functionalities for Authorized Users to create, upload, or post questions, responses, comments, ideas, activities, articles, information, data, text, multimedia content, chat conversations or logs, messages, and other materials or submissions including activities undertaken in a simulated laboratory environment for the respective Course(s) ("User Content").
  2. You are solely responsible for User Content that you post on the Services and agree not to create, post, upload, or link to any Prohibited User Content (as defined below).
  3. Whizlabs does not pre-screen User Content and assumes no responsibility for User Content. The views and opinions expressed in any User Content do not necessarily reflect those of Whizlabs or its licensors. Whizlabs has the right (but not the obligation), in its sole discretion, to monitor, refuse to post or otherwise distribute, or remove any User Content for any reason and to terminate your access to the Services to prevent further posting or distribution of Prohibited User Content.
  4. If you discover any Prohibited User Content, the same can be reported to us for necessary action.

10. Use of User Content

  1. By creating, posting, uploading, or linking to User Content, you grant to Whizlabs a perpetual, royalty-free, worldwide right and license to use, host, license, store, reproduce, display, transmit, adapt, and distribute such User Content and any derivative works created from such User Content (such as those resulting from changes we make so that your User Content works better with the Services) in connection with the Services.
  2. Whizlabs shall not be responsible or liable for the deletion, destruction, damage, loss, or failure to store any User Content.
  3. By posting User Content that is owned by third parties, you represent that you have been granted the right to grant to Whizlabs the right to make such User Content available to users to the same extent as the Materials provided with the Services.
  4. You agree to provide proper copyright notices in connection with any User Content in which you or a third party assert a right of copyright.
  5. Additional terms and options may be presented through the user interface available on the Services for posting or uploading User Content, which shall supplement and have the same force and effect as the terms of this EULA.

11. Restricted and Prohibited User Content

You will, at all times, comply with all applicable local, state, federal, and foreign laws in using the Services. You agree that you will not (directly or through others) contribute, create, upload, post, link to, or otherwise cause the distribution of any content ("Prohibited User Content") or use the Services in any manner that:

  1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or in violation of the rules or policies of the Institution;
  2. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or which you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. jeopardizes the security, availability, or integrity of the Services or causes harm to any user and his or her property through the use of malicious code or other contaminating or destructive devices;
  4. transmits advertising material and/or any unsolicited or unauthorized promotional materials, junk mail, SPAM, chain letters, or any other form solicitation in violation of any applicable rules, regulations, or laws or otherwise interferes with the proper working of the Services or Service Network; or
  5. otherwise violates the terms of this EULA.

12. User Suggestions

  1. We always welcome suggestions and comments regarding the Services. Suggested improvements, additions, or other comments may be submitted by you to Whizlabs, whether through the Services, online, offline, verbally, or in writing ("User Suggestions").
  2. Regardless of the manner of submission, you hereby acknowledge that all right, title, and interest and any other intellectual property rights in the User Suggestions shall become the exclusive property of Whizlabs and may be used for its business purposes at Whizlabs's sole and absolute discretion without any payment or accounting to you.
  3. This policy is intended to avoid the possibility of future misunderstandings when products and services developed by Whizlabs might seem to others to be similar to their own submissions or comments.

13. Third-Party Websites and Content

  1. Whizlabs assumes no responsibility for third-party content ("Third-Party Content"), services, or applications that may be accessed either as embedded into the sites owned and controlled by Whizlabs or by way of links on the Services/ redirection to sites hosted by third parties that are outside of Whizlabs's control ("Third-Party Sites").
  2. Whizlabs does not endorse or guarantee the accuracy, integrity, or quality of Third-Party Sites or Third-Party Content and disclaims all liability for any errors, omissions, violation of third-party rights, or illegal conduct arising from such content or sites. The inclusion of a link to any Third-Party Site in the Services does not imply that the owners of such Third-Party Sites have sponsored or endorsed the Services.
  3. Whizlabs is not responsible for the non-availability of Third-Party Sites accessed through links to the Services.
  4. If you think that a link to a Third-Party Site is no longer functional you may report the same to us. Any links which directs users to inappropriate content or Prohibited User Content should be reported to us immediately.

14. Availability of the Services

  1. The scope and availability of the Services may vary according to: (a) additional terms presented at the time of purchase or registration; (b) enrolment in or registration for a specific Course or Service; and/or (c) any licensing terms between Whizlabs and your Institution.
  2. Whizlabs is not responsible for limitations of access resulting from any Third-Party Service or as the result of certain account settings established by your Institution.
  3. You are responsible for obtaining Internet access in order to use the Services.
  4. You may access a Course available through the Services only for the duration of the Subscription purchased, whether or not the Services are used, and subject to Whizlabs's right to terminate access under this EULA. Institution access may be provided for a different time period.
  5. While Whizlabs makes reasonable efforts to ensure the availability of the Services to Authorized Users with active Subscriptions, the Services may be unavailable for limited periods of time due to scheduled routine maintenance, emergency maintenance or factors beyond Whizlabs's control, such as disruptions of Internet services or unforeseen threats to the integrity or security of the Services or any other force majeure events.
  6. Whizlabs may at any time, with or without notice to you, restrict the use and accessibility of the Services and/or discontinue any portion, feature, or content of the Services.
  7. Whizlabs will make reasonable efforts to provide Authorized Users with active Subscriptions notice of significant changes to the Services whenever reasonably feasible and provide alternative materials or services if substantial portions of the Services become unavailable.

15. Subscription and Access

  1. On a case-by-case basis, Services may be made available to you for a trial review period at the sole discretion of Whizlabs ("Review Period"). During the Review Period, you will be provided access to the Services without charge. If your Review Period is time limited, however, access to the Services offered for trial review will be terminated if payment is not made prior to the end of the Review Period. Termination of a Service does not automatically terminate your User Account.
  2. Further, you expressly acknowledge and agree that if at any time during the Review Period, Whizlabs, in its sole discretion, determines that you are utilizing the Review Period as a substitute or proxy for a paid Service, it may immediately terminate or suspend your access to the applicable Service for which you've been granted a Review Period.
  3. In the event of any suspension or termination of your access to such a Service, you acknowledge and agree that:
    (1) the Service, its functionality, activities, materials, or any results generated by your use thereof may not be available to you or any other person; and (2) neither you nor any other person are authorized to access or use any results generated by your use of the suspended or terminated Course, its functionality, activities, or materials regardless of whether such results are available within the Course or the Services.
  4. If your access to a Course is terminated due to you not purchasing a Course Subscription, and then Whizlabs subsequently reinstates your access to the Course upon later receiving payment, any such reinstated access shall remain subject to the terms of this EULA.

16. Termination by User Subject

  1. to account restrictions that may be imposed by your Institution or a Third-Party Service through which access to the Services is provided, you may terminate your User Account at any time by notifying Whizlabs of your decision to do so.
  2. Your satisfaction with the Services is important to us. If you have any concerns or complaints about the Services or wish to terminate your access to the Services, please contact us at Whizlabs Support.
  3. The terms and conditions of the Refund Policy hosted at https://www.whizlabs.com/refund-policy shall be applicable in so far as the any refund claims are applicable pursuant to the termination of any Services.

17. Termination by Whizlabs

Whizlabs may, in its sole discretion, and with or without advance notice, suspend your access to all or any part of the Services, or terminate your rights to use the Services, for any conduct or use (whether by you or anyone else having access to the Services under your User Account) that Whizlabs reasonably believes violates this EULA.

18. Effect of Termination

  1. Whether termination is initiated by you, your Institution or Whizlabs, Sections 12, 14, 17-22, 25 and 26 of this EULA shall survive any such termination.
  2. Any User Account information, data, settings or specifications, or customizations of a Service or Subscription specific to your User Account may be permanently lost upon termination of a Service or Subscription, whether by you, Whizlabs, or your Institution.
  3. User Content and other user information associated with your use of the Services may still be accessible by your Institution or, to the extent it is posted in a public forum, to other users of the Services for which such information was posted, even after termination.

19. User remedies

Whizlabs's entire liability to you, and your sole and exclusive remedy, regarding the use of the Services shall be either, in Whizlabs's sole discretion: (a) restoration of access to the Services to which you have subscribed; or (b) a refund of any fees paid directly by you to Whizlabs for the particular Service or Subscription, in accordance with the Refund Policy.

20. WARRANTIES

  1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (B) YOU HAVE NOT RELIED ON ANY STATEMENT, INFORMATION, OR ADVICE FROM WHIZLABS'S REPRESENTATIVES OR RESELLERS THAT WOULD BE DEEMED TO BE A WARRANTY OF THESE SERVICES OR FORM THE BASIS FOR ANY LIABILITY OF WHIZLABS; AND (C) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WHIZLABS AND ITS LICENSORS AND CONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING THOSE CREATED BY COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE, AND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. NEITHER WHIZLABS NOR ITS LICENSORS MAKE ANY REPRESENTATION OR WARRANTY THAT: (A) THE SERVICES OR YOUR USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (C) THE SERVICES WILL MEET YOUR REQUIREMENTS.

21. LIMITATION OF LIABILITY

  1. IN NO EVENT SHALL WHIZLABS OR ITS EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND - INCLUDING, WITHOUT LIMITATION ANY CLAIMS OR DAMAGES BASED ON YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY WEBSITES, OR APPLICATIONS ACCESSED THROUGH THE SERVICES, DAMAGE TO PROPERTY, THIRD-PARTY CLAIMS, LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, LOSSES CAUSED BY YOUR RELIANCE ON ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES, AND/OR ANY OTHER LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES.
  2. WHIZLABS'S MAXIMUM AGGREGATE IN CONNECTION WITH THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SPECIFIC SERVICES FROM WHICH THE LOSS ARISES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WHIZLABS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND/OR IF ANY OF THE LIMITED REMEDIES IN THIS EULA FAIL THEIR ESSENTIAL PURPOSE.
  3. NO ACTION, REGARDLESS OF FORM, ARISING UNDER THIS EULA MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE FACTS SUPPORTING THE CAUSE OF ACTION HAVE BECOME KNOWN, OR REASONABLY SHOULD HAVE BECOME KNOWN, TO YOU. NOTHING IN THIS EULA IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND IN SUCH INSTANCES OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.

22. User Liability

  1. As a condition of your use of the Services, you warrant and represent to Whizlabs that you are an Authorized User and will not use the Services for any purpose that is unlawful or prohibited by this EULA.
  2. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Whizlabs and its employees, officers, agents, contractors, and licensors from any claims, damages, expenses, or liabilities arising from or in any way related to any violation of this EULA or unauthorized use of the Services.

23. Governing Law and Jurisdiction

  1. Any and all actions, disputes or controversies relating to this EULA or your use of the Services (each a "Claim") shall be subject to the terms of this Section.
  2. You submit to the personal and exclusive jurisdiction and venue of the courts located within the State of New Delhi or the State of Karnataka in the Republic of India, with respect to any Claim;
  3. you agree that any Claim will be governed by and construed subject to the laws of the Republic of India, without giving effect to its conflict of law principles.

24. Export Controls and Compliances

  1. Your use of Services, the Applications, and related technology are inter alia subject to U.S. or international control or export laws and regulations ("Export Laws").
  2. Without limitation, you agree to strictly comply with all such Export Laws and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Application and related technology, as may be required. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  3. You agree not to transfer, directly or indirectly, by electronic means or otherwise, any Services to any country, or to any agent, representative, or foreign national of any country, for which the U.S. Government or any agency thereof requires an export license or otherwise restricts such exports.
  4. You will indemnify and hold Whizlabs harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including, but not limited to, attorney's fees) arising from or relating to any breach by you of your obligations under this section.

25. Miscellaneous

  1. This EULA is personal to you, and you may not assign, transfer or delegate your User Account or your rights or obligations under this EULA to anyone.
  2. Whizlabs may assign or delegate its rights or obligations under this EULA, in whole or in part, subject to Whizlabs's right and obligations under this EULA and any agreement it may have with your Institution.
  3. In the event that any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of this EULA shall remain valid and enforceable according to its terms.
  4. This EULA is the entire agreement between Whizlabs and you with respect to the Services and cannot be modified by you absent a signed written agreement.
  5. Section headings and summaries in this EULA are for your convenience only and do not have any legal meaning or effect.
  6. Any Waiver or failure to enforce any terms or conditions of this EULA on any one or more occasions, whether by conduct or otherwise, shall not prevent Whizlabs from enforcing any terms or condition of this EULA at any other time.

26. Updates to EULA

  1. Whizlabs may make changes to this EULA from time to time for any reason. Typically, these changes are made to conform to current practices, comply with changing regulatory requirements, or other similar purposes.
  2. If Whizlabs modifies this EULA in a manner that materially changes the terms or scope of the Services made available to you, we will make reasonable efforts to notify you by either contacting you via email or posting reasonable notice in connection with the Services to alert you to such changes.
  3. Your continued use of the Services after reasonable notice of such changes to the EULA has been provided will constitute your consent to the revised EULA terms, which shall apply to any use of the Services following reasonable notice.

For any questions on Privacy Policy and how your Data is used, please check https://www.whizlabs.com/privacy-policy. For any questions about this EULA or to report anything to Whizlabs, you may reach us at [email protected]

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