The Worksite International, Inc. CHAIR ASSESSMENT SYSTEM (herein after called the "WI CAS” consisting of the Chair Assessment Inventory Database, the Chair Assessment Tool and the Chair Fitting Form) may be ordered by the public for a nonrefundable fee subject to the license restrictions, terms, conditions, and limitations of warranty and liability set forth below.
If you would like to purchase a license to use a copy of the WI CAS, please read the following WI CAS License, Terms, and Conditions Of Use carefully. If you agree to them in their entirety, click on the “I ACCEPT” button below to confirm that you have read and agreed to the terms of the license and continue with the WI CAS ordering process.
Any copying, duplication, transfer, or use of the WI CAS except in conformity with these WI CAS License, Terms, and Conditions Of Use is strictly prohibited.
WI CAS LICENSE, TERMS, AND CONDITIONS OF USE
1.0 THE WI CAS IS LICENSED NOT SOLD.
1.1 All of the components of the WI CAS (called the "Licensed Materials") provided at the time the original license is purchased or subsequently as an upgrade or replacement under the warranty or support provisions of the WI CAS License, Terms, and Conditions Of Use (called the "License") are copyrighted by Worksite International, Inc., a California corporation, with its principal place of business located at 1213 Miles Avenue, Pacific Grove, California 93950 (called “Worksite International”).
2.0 LICENSE GRANTED.
1.2 The individual or entity using the Licensed Materials (called the "Licensee”) may only install and use the Licensed Materials if the Licensee pays Worksite International the required nonrefundable license and support fees and agrees to comply with the terms and conditions set forth in this License. Any other distribution, copying, or use of the Licensed Materials is prohibited, without the consent of the copyright owner, and will infringe Worksite International's copyright interests in the Licensed Materials.
2.1 Worksite International grants the Licensee a nonexclusive, nontransferable license to load and store copies of the Licensed Materials on no more than three (3) computers or compatible portable personal devices, for the personal use of the Licensee in the conduct of the Licensee's ergonomic chair assessment and management process. If more than one person intends to use the Licensed Materials (enter data into the database and use the evaluation form), the Licensee must purchase a multi-user license before anyone other than the original Licensee may use the Licensed Materials. The System may be used across multiple locations within the same organization.
3. 0 UTILITY OF THE WI CAS.
2.2 The Licensee may not make any changes or modifications to the Licensed Materials, other than to add the indicated information regarding the identification and condition of Licensee's ergonomic chairs to the fields designated for that data in accordance with the instructions that accompany the Licensed Materials. The Licensee may not delete any of the original fields contained in the Licensed Materials. The Licensee may not rent, lease, or transfer the Licensed Materials or any copies of the Licensed Materials to others who are not also licensed to use the Licensed Materials.
2.3 Worksite International reserves all rights not expressly granted to the Licensee under this License. Title to the Licensed Materials, documentation, and all copies thereof shall remain with Worksite International, and the Licensee shall acquire no rights of any kind therein except for the licenses expressly set forth above.
3.1 Worksite International, Inc. believes that the Licensed Materials that are delivered to the Licensee after completion of the license purchase process will provide the Licensee with a structured system to assist a knowledgeable person in collecting and organizing information regarding the age and condition of Ergonomic Office Chairs as an aid in managing chair inventory and determining when individual chairs should be repaired, refurbished, or replaced as part of the systematic management of the ergonomic office environment.
4.0 TERM OF THE LICENSE.
3.2 However, the results that may be obtained from the use of the Licensed Materials will only be as good as the quality and accuracy of the information entered into the WI CAS, and the recommendations obtained from the use of the Licensed Materials may or may not address or reflect the needs of specific individuals or address each individual’s unique ergonomic needs. Accordingly, the Licensed Materials are not intended to (a) replace the use of good judgment in the chair quality control process, (b) substitute for the individual evaluation of equipment competency and quality including the awareness of obvious mechanical defects, (c) yield personal medical advice, or (d) substitute for the development of a personal set of recommendations by a licensed healthcare professional or ergonomics professional with specialized training in the field of office ergonomics for specific individuals.
4.1 The Licensed Materials are licensed to the Licensee with email support for a period of twelve (12) months from the date the Licensed Materials were initially provided to the Licensee by Worksite International.
5.0 USE OF DATA OUTPUT FROM THE LICENSED MATERIALS.
4.2 At the conclusion of the initial twelve month term, the Licensee may continue to use the Licensed Materials without further email support for as long as the Licensee may chose to do so on a strict AS IS and WITH ALL FAULTS basis provided that the Licensee continues to comply with the applicable terms and conditions set forth in this License and does not violate Worksite International's copyright interests in the Licensed Materials.
4.3 The Licensee may terminate the License at any time by destroying all of the copies of the Licensed Materials the Licensee have made in any format or form. Worksite International may terminate the License at any time for material breach of this License by notifying the Licensee in writing that the License is being terminated for the Licensee's failure to comply with the terms and conditions of this License.
If the Licensee uses the reports, graphs, or other output generated using the Licensed Materials in a report, Power Point presentation, article, web blog, or other media, live or digital, Licensee will formally reference that output as having been generated using the Worksite International, Inc. CHAIR ASSESSMENT SYSTEM.
6.0 INITIAL TWELVE MONTH EMAIL SUPPORT AND OPTIONAL EXTENSION.
6.1 During the initial twelve month License and email support term, Worksite International will respond to Licensee's technical questions regarding the use and operation of the Licensed Materials that are submitted to Worksite International by email to email@example.com.
7.0 LIMITED WARRANTY
6.2 During the initial twelve month License and email support term, Worksite International will notify Licensee by email if any updates to the Licensed Materials become available. Licensee will be entitled to download and install any updates made available during the initial twelve month term without additional charge on an exchange basis. Any updated version of the Licensed Materials downloaded by the Licensee shall be subject to all of the terms, conditions, and limitations set forth in this License to the same extent as the original version.
6.3 Worksite International will have no further obligation to respond to Licensee's technical questions regarding the use and operation of the Licensed Materials or to notify the Licensee of the availability of updated versions of the Licensed Materials after the expiration of the initial twelve month term unless Licensee purchases an optional annual extension of the email support services.
7.1 What Is Covered By The Warranties. Worksite International warrants that the digital image of the Licensed Materials provided to Licensee by Worksite International will be a complete and accurate copy of the current commercial release of the Licensed Materials as of the date the Licensee downloaded or received the Licensee's copy. Worksite International warrants that the when the Licensed Materials are loaded on a computer or other device that conforms to the specifications set forth in the documentation for the Licensed Materials the Licensed Materials will perform substantially in accordance with the specifications set forth in the documentation provided with them.
8.0 GENERAL CONDITIONS.
7.2 Duration Of The Warranties. The above express warranties are made for a period of ninety (90) days from the date the Licensed Materials are downloaded or otherwise received by the Licensee.
7.3 Obligations Of Worksite International During The Warranty Period:
7.3.1 Replacement of defective copy of Licensed Materials or documentation. Worksite International will provide Licensee with access to a replacement for any defective copy of the Licensed Materials or documentation without additional charge on an exchange basis provided that the Licensee reports the receipt of a defective copy during the initial 90 day warranty period.
7.3.2 Final Remedy. If Worksite International is unable to provide a corrected copy of the Licensed Materials or the documentation within a reasonable time, Worksite International may elect to terminate the Licensee's License and refund the license fees the Licensee actually paid for the defective copy of the Licensed Materials or documentation. In the event of the termination of the Licensee's License under this Paragraph, the Licensee must cease all further use of the Licensed Materials and destroy all copies of the Licensed Materials that the Licensee may have made.
7.4 Exclusion Of Other Warranties. Worksite International does not warrant that the functions contained in the Licensed Materials will meet the Licensee's requirements or that the operation of the Licensed Materials will be uninterrupted or error free. The warranty does not cover any copy of the Licensed Materials that has been altered or changed in any way by the Licensee or others. Worksite International is not responsible for problems caused by the use or attempted use of the Licensed Materials in a computer hardware or operating system environment other than the one specified in the documentation accompanying the Licensed Materials.
7.5 ANY IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.
7.6 WORKSITE INTERNATIONAL SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM ANY BREACH OF THESE WARRANTIES OR UNDER ANY OTHER LEGAL THEORY EVEN IF WORKSITE INTERNATIONAL OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.7 The Licensee's Obligations Under The Warranties. The Licensee must notify Worksite International of any breach of the above warranties during the warranty period. In the event the Licensee encounters a performance problem with the Licensed Materials or the documentation, the Licensee must notify Worksite International's technical support department during the warranty period. Worksite International may be contacted by mail at 1213 Miles Avenue, Pacific Grove, California 93950, by email to firstname.lastname@example.org, or email@example.com or by telephone to (831) 648-8724.
7.8 Other Conditions. The warranties set forth above are in lieu of all other warranties, whether oral, written, express, or implied, and THE REMEDIES SET FORTH ABOVE ARE THE LICENSEE'S SOLE AND EXCLUSIVE REMEDIES. Only an authorized officer of Worksite International may make modifications to this Warranty, or additional warranties binding on Worksite International. Accordingly, additional statements such as advertising or presentations, whether oral or written, do not constitute warranties by Worksite International and should not be relied upon as such. This Warranty gives the Licensee specific legal rights, and the Licensee may also have other rights, which vary from state to state.
8.1 This license shall in all respects be interpreted, construed in accordance with, and governed by the internal laws of the State of California, without regard to the rules on conflict of laws. The parties exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods if otherwise applicable. The place of making and the place of performance of this License for all purposes shall be Monterey, California regardless of the actual place of execution or performance.
8.2 The Licensed Materials are a "commercial item", as that term is defined at 49 C.F.R. 2.101 (OCT 2013), consisting of materials that are of a type customarily used by the general public for purposes other than governmental purposes, and have been sold, leased, or licensed to the general public, as such terms are used in 48 C.F.R. 12.212 (OCT 2010). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (OCT 2010), all U.S. Government End Users acquire the Licensed Materials and documentation with only those rights set forth herein.
8.3 This License and the accompanying Limited Warranty constitute the entire agreement and understanding between the parties related to the Licensee's possession and use of the Licensed Materials, and supersede any prior agreement or understanding, whether oral or written, relating to the subject matter of the License and Warranty. This License may only be modified by a subsequent written agreement signed by Worksite International.
8.4 Worksite International rejects any and all printed terms and conditions contained on any purchase order or other ordering document the Licensee may submit now and hereafter in relation to the licensing of the Licensed Materials. The parties' rights and obligations with respect to the Licensed Materials shall be governed exclusively by the terms and conditions contained in this License and the accompanying Limited Warranty.
8.5 In the event of any litigation between the parties, the parties consent to venue in and to the exclusive jurisdiction of the State Courts for the County of Monterey, California or the United States District Court for the Northern District of California. Both parties agree that the above referenced courts shall have personal and exclusive jurisdiction over the parties for any dispute arising out of this Agreement. This provision shall survive any termination of this License.
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