If you disagree with any term or condition of this Agreement, do NOT click the "I have read and agree to the above Refund/Cancellation policy and the Terms and Conditions" button at the bottom of this Agreement and do NOT continue to view the Curriculum.
For the purpose of this Agreement, “
Agreement” means the sections of this End User Agreement as amended from time to time, and such other documents as are expressly incorporated by reference in this End User Agreement.
In consideration of the respective covenants and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the University of Waterloo in the Province of Ontario (“Waterloo”) makes the curriculum and support materials relating to the “International Aviation Sustainability eLearning courses” (the “Curriculum”) available to you (the “Licensee”) subject to the terms and conditions of this Agreement.
1.1 Grant. Subject to the terms and conditions of this Agreement, Waterloo hereby grants to Licensee a non-exclusive, non-transferrable, limited right and license, on a single user basis, to access the Curriculum solely in connection with the instruction and delivery of the program offered by Waterloo (the “Program”). Upon completion of the Program by Licensee, any further access to the Curriculum shall require prior written consent of Waterloo and the payment of all applicable fees.
1.2 Restrictions. Licensee agrees not to use the Curriculum for any purpose other than in accordance with the Agreement, and Licensee agrees not to:
(i) license, sub-license, sell, resell, transfer or assign the Curriculum(s) to a third party or otherwise provide a third party(ies) with any access to the Curriculum;
(ii) copy, modify, incorporate into or with other curriculum or create a derivative work of any part of the Curriculum; and
(iii) shall not, at any time, directly or indirectly, dispute or contest the exclusive ownership rights of Suzanne Kearns in and to the Curriculum.
These restrictions shall survive the termination of this Agreement.
2.1 Prior to accessing the Curriculum, Licensee shall pay to Waterloo the applicable license fee.
3.1 Other than the warranties provided herein, Waterloo makes no warranties, whether express or implied, arising by statute or otherwise or from a course of dealing or usage of trade, including but not limited to warranties or conditions of merchantable quality or the adequacy of fitness of the Curriculum for a particular purpose or with respect of the adequacy to produce a particular result. No other warranties or conditions express or implied are given.
4.1 4.1 Waterloo, its board of governors, employees, students, researchers, representatives and their respective successors and assigns (collectively, the “Beneficiaries”) shall not be liable to Licensee, its students, agents or representatives in respect of any injury or death of any person or damage to property or any other direct, indirect, special or consequential damages, costs or expenses suffered or incurred by Licensee or any other party for claims, actions, demands or proceedings of any kind arising out of this Agreement or arising from use of the Curriculum or any improvements made thereto.
5.1 Assignment. Licensee may not assign its rights under the Agreement, either in whole or in part, without the prior written consent of Waterloo. Subject to that restriction, this Agreement will be binding on, will inure to the benefit of, and will be enforceable against the parties and their respective successors and permitted assigns.
5.2 Independent Contractors. The relationship between the parties is that of independent contractors. The Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between them. Neither party will have the power to bind the other without the other party’s prior written consent.
5.3 Use of names. A party shall not use the name, or any variation, adaptation, abbreviation, trademark or other, of the other party, nor the name of any member of Waterloo’s staff or governors, in any publicity without the prior written approval of an authorized representative of such party.
5.4 Governing Law. The Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
6.1 The WISA eLearning courses are delivered as direct access online training materials once payment is
confirmed.
6.2 All substitutions, transfers, and refund requests must be submitted in writing and subject to approval. Send requests to: welearni@uwaterloo.ca.
6.3 Cancellations. WISA will provide a partial refund less an administration fee of $75 CAD (+ applicable taxes) for written cancellation requests within seven (7) days of purchase of an eLearning course which has not been accessed and/or opened.
6.4 Substitutes/Transfers. WISA eLearning courses may be transferred to another learner within 14 days of course purchase. Any eLearning course which has been accessed and/or opened are no longer eligible for transfers.
