Terms of Service
ICAP (“ICAP Training Solutions”) grants to the Licensee a non-exclusive non-transferable, a 1-month licence (from date of ICAP Material is made available) to access the ICAP Material for its own internal business purposes limited to the Licensed Users and for the Licensed Term in respect of the Territory.
ICAP shall issue the Licensee with a unique identification number which shall enable the Licensee to access the ICAP Material which has been stored on digital or electronic media which the Licensee is authorised to access on the terms and conditions as set out herein.
The ICAP Material may only be used by the Licensed Users and shall not be transferable from one individual to another except when an individual terminates employment with the Licensee.
Upon expiry of the Licensed Term the right of access to the particular ICAP Material concerned will automatically terminate and the Licensee and Licensed Users shall no longer have access to such material.
The Licensee shall not
(a) sublicense, assign, transfer, distribute or rent the ICAP Material;
(b) use, copy or modify the ICAP Material, in whole or in part, except as expressly permitted in this Agreement;
(c) merge or combine the whole or any part of the ICAP Material with any other material or documentation;
(d) part with possession of or otherwise provide electronically any part of the ICAP Material or any copy or part thereof to any other person;
(e) permit access to the ICAP Material by more persons than the number of Licensed Users;
(f) permit persons to access the ICAP Material other than the individuals which have been identified by the Licensee to have access thereto;
(g) take any action designed to unlock or bypass any restrictions in relation to the ICAP Material including in relation to the number of users and / or ICAP Material contained in any media and on any device;
(h) access any of the ICAP Material after the end of the Licensed Term, save as provided for herein;
(i) use any of the confidential information of ICAP contained in or derived from the ICAP Material or to develop or market any material which is substantially similar thereto. ICAP is entitled, without prejudice to any other rights it may have, to terminate upon issuance of 14 days’ notice the Licensee’s and the Licensed User’s right to access the ICAP Material upon the breach of any of the provisions hereof.
ICAP shall ensure that the services rendered meet the scope and service standards in the event of breach of service standards ICAP shall issue service credits for the services.
The Licensee acknowledges that any and all of the Intellectual Property Rights used or embodied in or in connection with the ICAP Material are and will remain the sole property of ICAP. The Licensee shall not question or dispute the ownership of such rights at any time during the continuation in force of the Agreement or thereafter.
Limitation of Liability
ICAP warrants that the supply or use of the ICAP Material will not infringe the copyright or other intellectual property rights of any third party.
ICAP will be liable for IP infringement in so far that any court of competent jurisdiction rules that the supply or use of the ICAP Material has infringed the copyright or other intellectual property rights of any third party. Such liability, if ruled as such by any Court of law, will be limited to the fees paid or payable for the Licensed Term.