License Agreement for Employee Handbook (the “HANDBOOK”).
NATURE OF CONTENT
The Handbook is a compilation of sample personnel policies, personnel forms and employment law related content. The HANDBOOK is designed and intended to serve solely as an example; it does not constitute legal advice and may not be appropriate for your particular situation or even lawful in your jurisdiction. You are solely responsible for determining the legal requirements of your jurisdiction or other applicable restrictions, whether legal or contractual.
DO NOT IMPLEMENT ANY PERSONNEL POLICY OR FORM WITHOUT FIRST CONSULTING A QUALIFIED LAWYER REGARDING THE POLICY OR FORM!
This HANDBOOK is designed and intended to serve as only as a framework on which you can base your personnel/workplace policies.
LICENSE AGREEMENT FOR DOWNLOADABLE CONTENT
Our products are not sold; rather, copies of products are licensed to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH elinfonet.com, LLC THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF OUR PRODUCTS, THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS BELOW APPLY TO YOU.
IMPORTANT-READ CAREFULLY: This License Agreement (“AGREEMENT”) is a legal agreement between you, either an individual person or a single legal entity (the “Licensee”) and elinfonet.com, LLC (the “Licensor”). YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR USING THE HANDBOOK. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE HANDBOOK.
NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR ONE THE HANDBOOK, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE HANDBOOK.
1. GRANT OF LICENSE. Provided you comply with all terms and conditions of this AGREEMENT, this AGREEMENT grants you the following rights:
1.1 Installation and use. You may install and use a copy of the Handbook in accordance with this AGREEMENT.
1.2 License Grant. You may copy and modify the HANDBOOK contents, but only for personal or non-commercial use. You are not licensed to do any of the following:
You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the HANDBOOK
You may not distribute the HANDBOOK as part of any product or service
You may not copy or post the HANDBOOK on any network computer or broadcast it in any media.
You must indemnify and defend licensor against any claims or lawsuits, including attorneys’ fees, that arise from or result from the licensing or distribution of the HANDBOOK as modified by you.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Licensor reserves all rights not expressly granted to you in this AGREEMENT. The HANDBOOK is protected by copyright and other intellectual property laws and treaties. Licensor owns the title, copyright, and other intellectual property rights in and to the HANDBOOK. The HANDBOOK is licensed, not sold. This AGREEMENT does not grant you any rights to trademarks or service marks of Licensor.
3. ADDITIONAL CONTENT. This AGREEMENT applies to updates, supplements, add-on components, or Internet-based services components, of the HANDBOOK that Licensor may provide to you or make available to you after the date you obtain your initial copy of the HANDBOOK, unless they are accompanied by separate terms. Licensor reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the HANDBOOK.
4. TERMINATION. Without prejudice to any other rights, Licensor may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must destroy all copies of the HANDBOOK, including any modified or altered versions, and all of its component parts.
5. DISCLAIMER OF WARRANTIES. LICENSOR PROVIDES THE HANDBOOK AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE HANDBOOK, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE HANDBOOK.
NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION FOUND ON OR THROUGH THE HANDBOOK TO A PARTICULAR SITUATION. ALL INFORMATION SHOULD BE INDEPENDENTLY VERIFIED BEFORE BEING RELIED UPON. LICENSOR DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, OR INACCURACY OF LAW OR FACT IN THE INFORMATION OR DOCUMENTS PRESENTED, PREPARED OR CONTAINED ON THE HANDBOOK.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE HANDBOOK, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF LICENSOR AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE HANDBOOK OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 8. APPLICABLE LAW. If you acquired the HANDBOOK in the United States, this AGREEMENT is governed by the laws of the Commonwealth of Pennsylvania. The MANAUL is not intended for sale in any other country and should not be purchased outside of the United States. 9. ENTIRE AGREEMENT; SEVERABILITY. This AGREEMENT is the entire agreement between you and Licensor relating to the HANDBOOK and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the HANDBOOK or any other subject matter covered by this AGREEMENT. To the extent the terms of any Licensor policies or programs for support services conflict with the terms of this AGREEMENT, the terms of this AGREEMENT shall control. If any provision of this AGREEMENT is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.