End User Agreement


MAXIMIZE ENGLISH™ ACCESS ONLY
Access to this Web site, online course, and Web-based program is restricted to teachers, staff, and students of Career Ascend Inc’s Maximize English™ Course. If you do not meet these access criteria, you may not access this site, register, or access any subsequent Maximize English™ content without violating this End User Licensing Agreement.

END USER LICENSE AGREEMENT - READ CAREFULLY
A. Agreement. By accessing or otherwise using this Web-site, online course and the Maximize English™ multimedia program, you agree to be bound by the terms of this End User License Agreement (this "EULA"). If you do not agree to the terms of this EULA, do not use or access this Web-site, course or program.

B. What this EULA Covers. This EULA covers the Career Ascend Inc’s Maximize English™ product identified above, which includes a Web site, online course, Web-based program, computer software and may include associated media, hardware, printed materials, and electronic documentation (collectively, the "Web-based Program").

C. Meaning of "You." If the person accessing this Web-based Program is an individual using it for his or her own purposes, "you" means the person using this software. If the person accessing this Web-based Program is doing so in furtherance of the purposes of another person, including an organization (whether or not the employer or the person) then "you" means both the person accessing this software and the other person, including an organization. No person accessing the software for another may do so unless the person accessing the software is authorized to bind the other person, including an organization, and failure to be so authorized will result in unauthorized use of the software subject to civil and criminal consequences.

D. The Parties to this EULA. This EULA is a legal agreement between you and Career Ascend Inc., a Michigan corporation ("Career Assend Inc."), with offices at PO Box No. 82382, Rochester Hills, MI 48308, USA.

E. Nature of this EULA. The Web-based Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Web-based Program is licensed, not sold.

1. GRANT OF LICENSE.
Career Ascend Inc. grants to you a nonexclusive license to use the Web-based Program as provided in the accompanying publications or documentation. This license permits one specific natural person to access and use the Web-based Program for a period of Six calendar months from date of purchase. This is not a seat- or session-based license. Once a natural person begins use of the Web-based Program, the license is associated with that named natural person for Six (6) months and no other person may use the Web-based Program without procuring from Career Ascend Inc., another license for that other person. For example, once Alice first accesses the Web-based Program, the license is associated with Alice for six months even if Alice completes her use of the Web-based Program and does not use the Web-based Program for the balance of the time she has left on the program. Bob may not be substituted for Alice. Once Alice completes the web based course associated with her the license may be locked. Any use of the Web-based Program by Bob would require acquisition from Career Ascend Inc. of another license specific to Bob. You may NOT make the URL and Web-based Program available to other natural persons.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on User's Geographical Area of Access. Students and teachers may be permitted to access the URL and Web-based Program from any Web connected computer (e.g., a student can access from school or home or both, or a library)

Individual User Accounts. Every student or teacher who accesses the Web-based Program must do so with a single named user account that is personally associated and only used by them. Registration Requirements. In consideration of your use of this Web site and the Web program, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being "Your Data"), If you provide any information that is untrue, inaccurate, not current or incomplete, or Career Ascend Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Career Ascend Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Web site or Web Program, or any portion thereof.

It is expressly prohibited for a user to share their access credentials with any other person, or to distribute the URL to any person.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Web-based Program.

Separation of Components. The Web-based Program is licensed as a single product. Its component parts may not be separated for use on more than one computer and must be presented to the user in the whole form as distributed by Career Ascend Inc.or its designated suppliers.

Rental or Sale. Without exception You may not rent, sell, lease, lend or provide commercial or fee-based hosting services for the Web-based Program or otherwise charge any type of access fee to users in exchange for access to the Web-based Program.

Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Career Ascend Inc..

No Support. Career Ascend Inc. shall have no obligation to provide any product support for the Web-based Program unless Career Ascend Inc. expressly agrees in writing to provide such support.

Termination. Without prejudice to any other rights, Career Ascend Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must immediately stop accessing the Web-based program, and destroy all copies of the Web-based Program and all of its component parts in your possession or under your control.

3. COPYRIGHT.
Except for the limited license rights granted in this EULA, all right, title, and interest in and to the Web-based Program (including, but not limited to, any images, photographs, animations, video, audio, music, text, computer code or applets incorporated into the Web-based Program), the accompanying printed materials, and any copies of the Web-based Program are owned by Career Ascend Inc.. All rights in and to the content that may be accessed through use of the Web-based Program is the property of Career Ascend Inc. and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants no rights to use such content. All rights not expressly granted are reserved by Career Ascend Inc.

4. LIMITED WARRANTY AND EXCLUSIVE REMEDIES
Limited Warranty. Career Ascend Inc. warrants solely to the person who directly acquires each license from Career Ascend Inc. (and not to any transferee, customer, student) that the Web-based Program will perform substantially in accordance with the accompanying written materials for a period of 30 days after the date of receipt by you. The warranty period begins to run when you first receive access to the Web-based Program, regardless of whether and/or when any customer, student, or other uses the Web-based Program.

Limited Remedies. Career Ascend Inc. and its suppliers' entire liability and your exclusive remedy shall be, at Career Ascend Inc.' option, either (a) return of the price paid, if any, or (b) repair or replacement of the Web-based Program that does not meet the limited warranty. This limited warranty is void if failure of the Web-based Program has resulted from accident, abuse, misapplication, or failure to follow the instructions or documentation. Any replacement Web-based Program will be warranted for the remainder of the original warranty period or 30 days after receipt by you, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Career Ascend Inc. are available without proof of purchase from an authorized international source.

No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS EULA, CAREER ASCEND INC. PROVIDES THE SOFTWARE PRODUCT AND ANY SUPPORT SERVICES WITH ALL FAULTS; THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU; AND CAREER ASCEND INC. MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT OR SUPPORT SERVICES, AGAINST INFRINGEMENT, OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAREER ASCEND INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CAREER ASCEND INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CAREER ASCEND INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $10.00;

5. MISCELLANEOUS
This EULA is governed by the laws of the State of Michigan and the federal law of the United States of America, without regard for their conflict of law principles. If you bring any action or claim arising under or related to this EULA, you may do so only in the Michigan state courts sitting in Oakland County, Michigan.

6. ENTIRE AGREEMENT; SEVERABILITY
This EULA (including any addendum or amendment to this EULA which is included with the Web-based program) is the entire agreement between you and Career Ascend Inc. relating to the Web-based program and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Web-based program or any other subject matter covered by this EULA. To the extent the terms of any Career Ascend Inc. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

[End of Licensing Agreement – Updated 02/24/2011]