User License & User Agreement

1. This Agreement is between InterSystems Corporation (“ISC”) and the user (“you”) that has ordered training from ISC through the use of the ISC website and the InterSystems eLearning System.

2. The website and access to the InterSystems eLearning System are provided “as is”. ISC SHALL NOT BE DEEMED TO HAVE MADE ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU AS TO THE CONDITION, MERCHANTABILITY, TITLE, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR THE CACHÉ InterSystems eLearning System. In the event of breach of warranty above your exclusive remedy shall be ISC's repair of the problem in question, or end of services offered by ISC.

3. ISC’s liability to you shall in no event exceed the Fees received by ISC in regard to your access of the website for the InterSystems eLearning System. In no event shall ISC be liable to you for any special, incidental, exemplary, indirect or consequential damages or lost profits.

4. Either party may terminate this Agreement upon notice to the other party. ISC will terminate this agreement for nonpayment of services. ISC will also terminate this agreement if you provide inaccurate information during the registration process, provide others with access to your account, or violate ISC Intellectual Property rights by illegally copying or distributing ISC Intellectual Property. ISC will also terminate this Agreement if you attempt to transmit any libelous, obscene or offensive material through the InterSystems eLearning System. If a webcast leader determines that you are disruptive, the leader may eject you from the webcast immediately and without recourse. If you continue to be disruptive during the webcasts, the leader can deny access to the InterSystems eLearning System. Sections 3, 4, 5, 6 and 7 hereof shall survive.

5. The website for the InterSystems eLearning System are and shall remain the sole property of ISC. ISC hereby disclaims any liability for the content of any linked non-ISC website noted within the InterSystems eLearning System. You agree to view, download or print the content of the webcasts from the InterSystems eLearning System only for your own use. You agree not to allow others to view the webcasts by sharing your username or password, or by distributing copies of the webcast or contents thereof. You also agree not to make copies of the .srd movies in any universal format. You agree to keep your account and password information confidential and you will notify ISC of any unauthorized use of your account or password. Your obligation of confidentiality shall not prevent disclosure of any information to the extent that you can prove the same is or becomes publicly known other than by your acts. The existence of copyright notices shall be noted throughout the webcast. You agree to allow ISC or its representatives to audit your use of the website and the InterSystems eLearning System upon five (5) days’ notice by ISC. You agree to provide access to your premises and otherwise cooperate with ISC in such audit.

6. ISC is free to copy, disclose or distribute all data, images or sounds created when you participate in the webcast. By participating in a live webcast, you agree to allow ISC to display your full name during live webcasts, and you understand that these sessions will be recorded and possibly distributed at a later point in time without your further review or consent.

7. This Agreement shall be governed by and construed in accordance with the laws of, and the parties agree to submit to exclusive jurisdiction in, Massachusetts, USA.

8. You agree to comply with all U.S. export control or similar laws. The English version of this Agreement shall control unless otherwise required by local law.

9. This document constitutes the entire agreement (collectively, the “Agreement”) between you and ISC relating to the subject matter hereof and supersedes any prior understandings between us as well as any purchase orders or similar documents that may be submitted to ISC. ISC shall have the right to transfer or assign this Agreement without your consent. ISC shall have the right to modify this Agreement at any time by publishing a replacement agreement on the website.

10. If I renew my eLearning subscription or sign up for a new subscription in the future, I agree to the then current terms provided in this Agreement.