May 13, 2008
Customer Service
RFID Revolution LLC
RFIDEssentials-Help@RFIDRevolution.com



End-User License Agreement for RFID E-learning





Please read this End-User License Agreement for RFID Revolution’s RFID Essentials Course 1, “Introduction to RFID”, an e-learning course (hereafter, “Course”).  You will need to click “I Agree” in order to continue with this registration. 

This End-User License Agreement for RFID E-learning (“Agreement”) is a legal agreement between RFID Revolution, LLC (“RR”) and you (“Licensee”). By clicking “I Agree” on the Course registration website, you confirm your compliance with its terms and conditions.

RR owns or licenses all intellectual property rights (including, without limitation, copyright, trademark, domain name, trade secret, and patent rights) in all materials provided by RR in connection with this Agreement, including without limitation any and all materials or other works created by RR relating to the delivery of Course, including any structure or code licensed, developed, or created by RR or at the direction of RR.

RR may change any of the terms in this Agreement.  When it does so, it will update the date of the agreement at the top of the agreement.  The Agreement is posted on the website for the Course. 

RR hereby grants a limited, non-exclusive license to Licensee to use the Coursefor the sole and exclusive purpose of learning the subject matter.  This license is personal to Licensee and non-transferable.  Licensee may not sublicense, alter, or disclose the Course to third parties in any form for any reason.  Licensee is responsible for all uses of the Course through Licensee’s Login Name and Password, and for protecting and securing such Login Name and Password from unauthorized use and disclosure.  Licensee will not share Licensee’s Login Name and Password with any third party.  In the event that Licensee becomes aware of or believes there has been any breach of the Course, such as theft or unauthorized use of Licensee’s Login Name and Password, Licensee will notify RR immediately using the e-mail address at the top of this Agreement.  This license will terminate immediately and without notice in the event RR determines, at its sole discretion, that Licensee has failed to comply with the terms of the Agreement.

License commences the day Licensee registers for Course and runs for the specific term purchased, specified on the RFID Revolution website (www.rfidrevolution.com), whether or not the Course is used.

Areas on the Course website may be provided in connection with Course for users to post and exchange ideas and information (“End User Content”).  The views and opinions expressed therein do not necessarily reflect those of RR or its licensed content providers or RRs.  RR makes no warrantees about the accuracy of such End User Content, and will not be liable for in any way for errors, omissions, violation of third party rights or illegal conduct arising from the End User Content posted, e-mailed, or otherwise transmitted in connection with Course.  Licensee hereby represents that Licensee has all necessary rights in and to any information, materials, or other End User Content that Licensee posts, and that such End User Content will not infringe on any personal or proprietary rights of any third parties.

As a participant in Course, Licensee owns any original material that Licensee creates and enters online as part of Course, including Licensee's comments and testimonials about the quality of Course and the instructor, and messages posted in chat and threaded discussion or sent via email to Course instructor (“Licensee’s Content”). Licensee hereby gives RR an unlimited, worldwide, royalty-free and fully paid license to for the use and exploitation of Licensee’s Content.  

Licensee agrees that RR may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no Licensee is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by RR.

Some activities within Course may request users to submit information that is tabulated and stored in a database. The data obtained is used to produce statistics that are integral to the educational value of these activities. Anywhere the requested data is personal in nature, a user’s specific responses remain confidential and are not associated with name or e-mail address in any way.

RR will not disclose personally identifiable information associated with Licensee’s use of the Website (e.g., name, address, access code) to any third parties not affiliated with RR except to duly authorized investigative agencies for the limited purpose of investigating a good faith claim that a particular user has violated the restrictions on use of or access to Course. 

If Licensee resides in the European Union, Canada or other jurisdiction with similar data transfer regulations, Licensee acknowledges that by registering Licensee will be indicating Licensee’s explicit consent that the personal information provided may be transferred and stored in countries outside the EU, Canada or Licensee’s resident jurisdiction, including the United States. If Licensee fails to provide this consent, Licensee will not be permitted to access Course for which registration is required. Licensee’s personal information shall only be used in accordance with the terms of this Agreement and the Privacy Policy associated with the Course.

RR does not warrant or guarantee that Course will satisfy the intended use by Licensee.  RR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. RR’s liability with respect to Course provided hereunder will not exceed the amount Licensee paid for Course, even if any term of this Agreement fails of its essential purpose.

Licensee hereby indemnifies and will defend and hold RR harmless against all claims, damages, injuries or deaths, judgments, liabilities and expenses (including legal costs and attorney fees) arising from or in connection with Licensee’s breach of the conditions to this License, or Licensee’s negligence or violation or alleged violation of RR’s proprietary information, trademark, copyright, or patent. The obligation to indemnify will survive the termination of this Agreement.

This is the entire Agreement between the parties as to the subject matter hereof and supersedes all other agreements, express or implied, written or oral. No modification of, or amendment to, this Agreement shall be binding unless in writing and signed by both parties. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.  Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege.

This Agreement, and any disputes or disagreements concerning Course or Course, will be governed by and construed according to the laws of the United States of America, and specifically the State of Maryland, without regard to its choice of law rules, and specifically excluding the U.N. Convention on Contracts for the International Sale of Goods. Any lawsuit filed regarding this Agreement must be filed in the United States District Court located in Maryland, United States of America. Any notices required or authorized to be given hereunder shall be deemed to be given when mailed by certified or registered mail, postage prepaid, as follows:

To RR:

Legal Department
RFID Revolution LLC
510 Ashford Road
Silver Spring, Maryland 20910