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THIS IS AN END-USER LICENSE AGREEMENT FOR ACCESS TO TYPINGMASTER ONLINE. USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU, THE SUBSCRIBER OR DEMO USER OF THE SERVICE, DO NOT WISH TO BE BOUND BY THIS AGREEMENT AND THE OPERATING POLICIES, DO NOT USE THIS SERVICE.
TERMS OF SERVICE
This license agreement (the "Agreement") is made between Typing Master Finland Oy, a company incorporated in Finland and having its principal place of business at Helsinki (the "Licensor") and you, an individual person wanting to use the Service specified herein (the "Subscriber").
In the Agreement, the following terms shall have the following meanings:
1.1 Licensor. The capitalized term Licensor refers to Typing Master Finland, Inc., the developer, intellectual property rights owner, and publisher of TypingMaster Online service, whose registered office is at Eerikinkatu 4 A 16, 00100 Helsinki, Finland.
1.2 Subscriber. You, an individual person, who intends to use the Service specified in paragraph 1.3, either in form of the free trial or full subscription service.
1.3 Service. The capitalized term Service refers to TypingMaster Online typing training service, delivered via the Internet, any updates to the service, and any related online documentation.
1.4 Subscription period. Subscription period is for 2, 6 or 12 months from the date the Licensor activates the Subscriber's licensed service, or as determined at onset. Subscription must be renewed before the expiration date to maintain uninterrupted access to the Service. Subscriptions are not automatically renewed.
1.5 License fee. License fee payable by the Subscriber in consideration of the grant to the Subscriber of full rights to use the Service.
1.7 Commercial purpose. Use for the purposes of monetary by means of sale, resale, loan, transfer, hire or any other form of exploitation of the Service.
2. FEES AND PAYMENTS; CANCELLATION AND REFUNDS
The Subscriber's License Fee must be fully paid before the Subscriber will be granted full rights to access to the Service.
Current License Fees are posted on TypingMaster web site prices. The Licensor may change License Fees in the normal course of business.
In the event of non-payment of License Fee by the due date of the invoice issued by the Licensor or its affiliates, upon its consideration, the Licensor shall have the right to terminate the Service to the Subscriber immediately.
The Subscriber is responsible for any charges associated with accessing the Service, including but not limited to applicable taxes, computer equipment, telephone or Internet connections and access software.
The Subscriber's first subscription to the Service may be cancelled within 15 days from the date of first activation of the Service by the Licensor. After first 30 contract days or with subscription renewals, License Fees are non-refundable.
Subscriber's cancellation notice must be communicated in writing by email or by mail. Phone calls/messages will not be accepted. The Licensor will confirm the Subscriber's cancellation request within three business days of the submission/receipt of request.
3. GRANT OF LICENSE
The Licensor grants the Subscriber, during the Subscription Period, a non-exclusive, non-transferable license to access to the Service according to the terms and conditions described in this Agreement.
The Subscriber acknowledges that the copyright and title to the Service and any trademarks or service marks relating thereto remain with the Licensor or its suppliers. The Subscriber shall not have any right, title or interest in the Service. Nothing contained in this Agreement gives the Subscriber any rights in the Intellectual Property or confidential information of the Licensor in the Service.
4. PERMITTED USES
We provide the Service for the Subscriber's personal use only. The Subscriber may not use the Service in a way that is against the law.
The Subscriber may make all use of the Service as is consistent with the United States and Finnish copyright laws.
The Subscriber may access the Service from work, school, and home or from a public terminal provided that they keep their account private and logout from the terminal and exit the browser before leaving the terminal. Login IDs and passwords may not be saved on public terminals nor divulged to any third party.
5. RESTRICTIONS ON USE
Unauthorized use. The shall not knowingly permit anyone other person to use their private login ID or and password to access the Service.
Commercial purpose. The Subscriber may not use the Service for commercial purposes.
Modification of service. The Subscriber shall not modify, manipulate, or create a derivative work of the Service.
Removal of copyright notice. The Subscriber may not remove, obscure or modify any copyright, trademark, reservation of rights, or any other proprietary language displayed in the Service.
Reverse engineering . The Subscriber may not reduce to human-readable form, disassemble, decompile, unlock, reverse translate, or in any manner decode the Service.
6. LICENSOR OBLIGATIONS
Activation of Service. Within one (1) business days of the date the Licensor receives full license fee payment from the Subscriber, the Licensor shall give the Subscriber full access to the Service and provide the Subscriber with all information and documentation necessary to access the Service.
Support. The Licensor will offer activation support and reasonable levels of continuing support to assist the Subscriber in its everyday use of the Service. The Licensor will make its support available by email as a primary means of communication for feedback, problem-solving or general questions.
Quality of service . The Licensor shall use its best efforts to ensure that the Licensor's server or servers have sufficient capacity and rate of connectivity to provide the Subscriber with a quality of service comparable to current standards for information services of similar scope operating via the Internet, as long as the Subscriber is in full compliance with its obligations under this Agreement.
The Licensor shall use reasonable endeavors to make the Service available to the Subscriber and at all times and on twenty-four hour basis, but cannot guarantee continuous, uninterrupted use especially where the Licensor must carry out routine maintenance, repairs, reconfigurations or upgrades or in circumstances beyond its control including force majeure. The Licensor shall use its best effort to restore access to the Service as soon as reasonably possible in the event of interruption or suspension of the Service.
The Subscriber understands that the Service is by nature vulnerable to errors and unscheduled downtime for reasons beyond the Licensor's control as neither the Licensor nor any other party has any control over the Internet, which is a global decentralized network of computer systems. In the event the Licensor, for reasons within its control, is unable to provide the Subscriber with access to the Service for a period exceeding 72 consecutive hours, and the Subscriber timely objects in writing, the Licensor agrees to extend the Subscription Period for corresponding 24 hour (one day) increments at no additional cost to the Subscriber. Any claim against the Licensor shall be limited to such credit.
ServiceUpdates. The Subscriber understands that from time to time the Service may be added to, modified or deleted from by the Licensor and/or that portions of the Service may migrate to other formats. The Licensor shall make reasonable efforts to give sufficient advance notice to the Subscriber of any major changes that affect the functionality of the Service.
7. SUBSCRIBER OBLIGATIONS
Agree to terms of service. By registering to use the Service, the Subscriber acknowledges having read and agreed to these Terms of Service.
Personal use only . The Service is provided for the Subscriber's personal use only. The Subscriber is responsible for all activity under its Service account.
Maintaining confidentiality of access passwords. The Subscriber shall maintain the confidentiality of any Service Login IDs and passwords. The Subscriber shall not allow others to use the Service with their login ID and password.
Equipment. The Subscriber shall be responsible for obtaining and maintaining all such equipment, software and communication lines to access the Service. The Licensor has no responsibility for or liability with respect to the Subscriber's equipment.
Respect of Licensor's intellectual property rights. By using the Service, the Subscriber acknowledges that the Licensor has is the holder of all Intellectual Property or other rights applicable to the Service. The Subscriber shall make reasonable efforts to prevent infringement of any Intellectual Property or other rights of the Licensor in the Service. The Subscriber shall promptly notify the Licensor of any infringement that comes to The Subscriber's attention, and take appropriate steps to avoid its recurrence.
8. MUTUAL OBLIGATIONS
Confidentiality of User Data . To the extent permitted by law, the Licensor and the Subscriber agree to maintain the confidentiality of any data relating to the usage of the Service by the Subscriber. Such data may be used solely for customer support and other purposes directly related to the Service and may only be provided to third parties in aggregate form. Raw usage data, including but not limited to information relating to the identity of specific users and/or uses, shall not be provided to any third party.
Cure Activities. In the event of any unauthorized use of the Service, the Subscriber shall cooperate with the Licensor in the investigation of any unauthorized use of the Service of which it is made aware and shall use reasonable efforts to remedy such unauthorized use and prevent its recurrence. In the event of any unauthorized use, the Licensor may terminate access to the Service immediately and will cooperate with the Subscriber to avoid recurrence of any unauthorized use.
9. TERM, RENEWAL AND TERMINATION
Term. This Agreement shall continue in effect for duration of Subscriber's license to the Service, from the date the Licensor activates the Subscriber's licenses to the Service and notifies the Subscriber of access to the Service, or as determined at onset.
Renewal . This Agreement will terminate automatically if subscription to the Service is not renewed before the end of the Subscription Period. The Subscriber must renew subscription before the expiration date to maintain uninterrupted access to the Service. The Licensor shall not automatically renew the Service.
Termination . Upon termination of this Agreement for cause, access to the Subscriber's Service account shall be terminated. After termination, the Subscriber's user information will be kept on The Licensor's server for a period of six (6) months in case the Subscriber later wants to renew its subscription, or removed permanently upon the Subscriber's request.
In the event that the Licensor believes that the Subscriber materially has breached any obligations under this Agreement, or if the Licensor believes that the Subscriber has exceeded the scope of Terms of Service, the Licensor reserves the right to immediately terminate the Subscriber's access to the Service upon further correspondence. Access will be withheld until the Subscriber cures the breach in form acceptable to the Licensor.
In the event that the Subscriber believes that the Licensor materially has breached any obligations under this Agreement, it shall so notify the Licensor in writing. The Licensor shall have thirty (30) days from the receipt of notice to cure the alleged breach and to notify the Subscriber in writing that cure has been effected. If the breach is not cured within thirty (30) day period, the Subscriber will be refunded the pro rata portion of any license fees the Subscriber has paid for any remaining period of the Agreement from the date of termination.
In the event that the Licensor terminates this Agreement for reasons other than the Subscriber's breach of this Agreement, the Subscriber will be refunded the pro rata portion of any license fees the Subscriber has paid for any remaining period of the Agreement from the date of termination.
10. ACKNOWLEDGMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
The Subscriber acknowledge that all copyrights, patent rights, trademarks, services marks, trade secrets and other intellectual property rights relating to the Service, are the sole and exclusive property of the Licensor and that this Agreement does not convey to the Subscriber or any Authorized User any right, title, or interest therein except for the right to use the Service in accordance with the terms and conditions of this Agreement.
The provisions of this Section shall survive the termination of this Agreement for any reason.
12. LICENSOR'S WARRANTIES AND LIMITATION OF LIABILITY
Subject to the Limitations set forth elsewhere in this Agreement:
The Licensor warrants that it has obtained and will use its best endeavors to ensure that it retains all necessary consents, licenses or agreements required for the provision of the Service, and that use of the Service by the Subscriber in accordance with the terms of this Agreement shall not infringe the copyright of any third party.
Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Service.
(a) The Licensor will use its reasonable endeavors to provide the Subscriber with continuous access to the Service but the Licensor does not warrant or represent that it can do so since neither the Licensor nor any other party has any control over the Internet, which is a global decentralized network of computer systems. The Service will not be error free, uninterrupted and will be very variable.
(b) The Licensor will use its best effort to protect the Service from viruses, worms, trojan horses, or other harmful and destructive components but the Licensor does not warrant or represent that it can do so since neither the Licensor nor any other party has any control over the Internet. The Subscriber acknowledges that the information, software or other material accessible over the Internet via the Service may contain viruses, worms, trojan horses, or other harmful and destructive components.
(c) THE SUBSCRIBER MUST ACCEPT THE SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR TITLE.
(d) EXCEPT AS OTHERWISE PROVIDED BY LAW, THE LICENSOR IS NOT LIABLE AND WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES WHICH RESULT OR MAY RESULT FROM THE SUBSCRIBER'S AND ANY AUTHORIZED USER'S USE OF THE SERVICE (INCLUDED BUT NOT LIMITED TO DELETION OR LOSS OF FILES, DEFECTS OR DELAYS IN TRANSMISSION OR ANY FAILURE OF THE SERVER OR THE INTERNET) OR THE SUBSCRIBER'S AND ANY AUTHORIZED USER'S ACCESS TO THE INTERNET OR USE THEREOF FOR ANY PURPOSE WHATSOEVER OR FOR ANY RELIANCE ON OR USE OF INFORMATION, SERVICES OR GOODS PURCHASED ON OR THROUGH THE INTERNET. THE SUBSCRIBER'S SOLE AND EXCLUSIVE REMEDY IF DISSATISFIED WITH THE SERVICE FOR ANY REASON WHATSOEVER, IS TERMINATION OF THE SERVICE AND THIS AGREEMENT BY IMMEDIATELY DISCONTINUING TO USE THE SERVICE. THE LICENSORWILL REFUND A PRO RATA PORTION OF THE PRE-PAID SUBSCRIPTION OR OTHER FEES.
(e) The foregoing warranties are in lieu of all other warranties, express or implied and the Subscriber's sole remedy hereunder.
(f) In the event the Licensor incurs any liability whatsoever to the Subscriber such liability will in all cases be limited to the subscription fee paid by the Subscriber in the year in which such liability arose. This provision will not apply to the extent limitations of liability are prohibited by law.
(g) The Licensor is not liable to the Subscriber or any other party who may access the Service via the Subscriber's identifiers with or without the Subscriber's consent for any act or omission of any other entity furnishing products or services which are required by the Subscriber to use the Service. Nor will the Licensor be liable for any damage or loss due to the fault or negligence of the Subscriber.
(h) Except as provided by law, the Licensor is not responsible in contract or in tort for the unauthorized access to, or alteration, theft or destruction of e-mails, files, programs, or information of the Subscriber by any person through accident or by fraudulent means or devices, even if such access occurs as a result of the Licensor's own negligence.
(i) The Licensor will not be responsible to the Subscriber or to any user if changes in any of the Licensor's facilities, operations, procedures, products or Services, render obsolete the Subscriber's equipment or software, or require modification or alteration to the Subscriber's equipment or software, or otherwise affect performance.
13. FORCE MAJEURE
The Licensor will not be responsible for any delay in, or failure of, the Service or the Internet due to any occurrence commonly known as force majeure, including war, riots embargoes, strikes, or other concerted acts of workmen (whether of the Licensor or others), casualties or accidents, or any other causes, circumstances, or contingencies, beyond the Licensor's control, which prevent or hinder the performance of the Licensor of any of its obligations hereunder.
14. WAIVER OF CONTRACTUAL RIGHT
Failure or neglect by the Licensor to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the Licensor's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice the Licensor's rights to take subsequent action.
Neither this Agreement nor the benefit of the Service may be assigned or transferred by the Subscriber whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of the Licensor. No such assignment by the Subscriber howsoever occurring shall relieve the Subscriber of its obligations hereunder.
These Terms of Service will be governed by and construed in accordance with the laws of Finland, without giving effect to its conflict of law's provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of TypingMaster.
Questions about the Terms of Service should be emailed to our customer support using the online contact forms or by mail at: TypingMaster, Inc., Eerikinkatu 4 A 16, 00100 Helsinki, Finland.