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TRAINING TUTORIAL LICENSE AGREEMENT YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING

THIS TRAINING TUTORIAL. INSTALLING THIS TRAINING TUTORIAL INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. TOTAL TRAINING, INC. (TTI) provides this training tutorial, consisting of the software application, video training files and, where applicable, project files (TRAINING TUTORIAL) and licenses its use worldwide. You assume responsibility for the selection of the TRAINING TUTORIAL to achieve your intended results, and for the installation, use, and results obtained from it. LICENSE You May: a. Use the TRAINING TUTORIAL on a single machine; b. Copy the TRAINING TUTORIAL into any machine readable form for backup purposes in support of your use of the TRAINING TUTORIAL on the single machine; c. You may not modify or alter the TRAINING TUTORIAL in any manner whatsoever; and, d. You may not transfer this license to a third party. You must reproduce and include the copyright notice on any copy. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE TRAINING TUTORIAL, OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE TRAINING TUTORIAL TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED. INTELLECTUAL PROPERTY OWNERSHIP, COPYRIGHT PROTECTION The TRAINING TUTORIAL and any authorized copies that you make are the intellectual property of and owned by TTI. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the TRAINING TUTORIAL and all rights not expressly granted are reserved by TTI. TERM The license is effective until terminated. You may terminate it at any time by destroying the TRAINING TUTORIAL altogether with all copies. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree that upon such termination you will destroy the TRAINING TUTORIAL along with all copies.

End User License Agreement V5

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LIMITED WARRANTY THE TRAINING TUTORIAL IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. TTI does not warrant that the functions contained in the TRAINING TUTORIAL will meet your requirements or that the operation of the TRAINING TUTORIAL will be uninterrupted or error free. However, when the TRAINING TUTORIAL is furnished on a tangible medium, TTI warrants the medium on which the TRAINING TUTORIAL is furnished to be free from defects in materials and workmanship under normal use as set forth in the applicable Return Policy. LIMITATIONS OF REMEDIES TTI's entire liability and your exclusive remedy shall be: 1. The replacement of any TRAINING TUTORIAL not meeting TTI's Limited Warranty which is returned to TTI or an authorized TTI dealer with a copy of your receipts in compliance with the applicable Return Policy, or 2. If TTI or the dealer is unable to deliver a replacement TRAINING TUTORIAL which is free of defects in materials or workmanship, you may terminate this Agreement by returning the TRAINING TUTORIAL in compliance with the applicable Return Policy. IN NO EVENT WILL TTI BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE TRAINING TUTORIAL EVEN IF TTI OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. GENERAL You may not sublicense, assign or transfer this license and any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. You may only use the project files for training purposes and for no other purpose whatsoever. You hereby expressly acknowledge and agree that any project files included herein are owned exclusively by TTI and/or its third party vendors and nothing in this Agreement confers or implies any ownership rights in such project files to you. This Agreement shall not prejudice the statutory rights of any consumer.

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This Agreement shall be governed by the laws of the State of California, excluding that body of law pertaining to conflict of laws. You hereby irrevocably agree that jurisdiction and venue for any dispute arising hereunder shall lie exclusively in a competent court in the County of San Diego, State of California. If any provision of this Agreement is for any reason found to be unenforceable, the remainder of this Agreement will continue in full force and effect. Should you have any questions concerning this Agreement, you may contact TTI by writing to: Total Training, Inc. 1920 Palomar Point Way Carlsbad, CA 92008 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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