Agreement for Downloading MSwA Materials
NON-COMMERCIAL EDUCATIONAL USE ONLY
BY USING THE MSWA MATERIALS, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE MSWA MATERIALS.
This is a license agreement ("Agreement") between your organization or self (called "Licensee" or "you" in this Agreement) and Carnegie Mellon University (called "Licensor" or "Carnegie Mellon" in this Agreement). All rights not specifically granted to you in this Agreement are reserved to Licensor.
RESERVATION OF OWNERSHIP AND GRANT OF LICENSE: Licensor retains exclusive ownership of the Master of Software Assurance course materials made available through this site ("MSWA MATERIALS") and hereby grants to Licensee a non-exclusive license to use the MSWA MATERIALS for non-commercial educational and teaching purposes pursuant to the terms and conditions of this Agreement.
Under this license, you may reproduce and distribute the MSWA MATERIALS in their entirety with no modification in written and/or non-editable electronic format (.pdf). You also have the right to create derivative works (which, without limitation, can include creating a subset of the MSwA Materials or incorporating portions of the MSwA materials into your own presentation) provided that you include the following acknowledgments and attributions to Carnegie Mellon University and the Software Engineering Institute at the beginning of each copy of your derivative work:
Special permission to use Master of Software Assurance course materials (copyright 2010 Carnegie Mellon University) in this presentation has been granted by the Software Engineering Institute at Carnegie Mellon University. Neither Carnegie Mellon nor its Software Engineering Institute directly or indirectly endorse this work. CERT® is a registered mark of Carnegie Mellon University.
You may not otherwise use the name and/or trademarks of Carnegie Mellon and/or the Software Engineering Institute, nor may you otherwise reference any of their products or services unless specifically authorized in writing by Carnegie Mellon.
COPYRIGHT: The MSWA MATERIALS are owned by Licensor and are protected by United States copyright laws and applicable international treaties and/or conventions.
FEEDBACK: You are not obligated to provide any feedback to Licensor regarding the MSWA MATERIALS. However, you understand and agree that if you decide to do so, Licensor is not obligated to implement any suggestions and/or feedback you might provide regarding the MSWA MATERIALS, but to the extent Licensor does so, you are not entitled to any compensation related thereto.
ASSIGNMENT: You may not assign this Agreement or your rights hereunder without the prior written consent of Licensor. Any attempted assignment without such consent shall be null and void.
TERM: The term of the license granted by this Agreement is from Licensee’s acceptance of this Agreement by using the MSwA Materials until terminated as follows. The Agreement automatically terminates without notice if you fail to comply with any provision of this Agreement. Without limiting the generality of the foregoing, in the event you fail to comply with any provision of this Agreement, Licensor may also affirm termination by notice to you. Licensee may terminate this Agreement by ceasing using the MSWA MATERIALS. Upon any termination of this Agreement, Licensee will immediately cease using any and all copies of the MSWA MATERIALS and/or any derivatives created therefrom, although any third parties to whom Licensee has passed such materials prior to the date of termination may continue to use such materials.
FEE: Provided Licensee abides completely by the terms and conditions of this Agreement, there is no fee due to Carnegie Mellon for Licensee's use of the MSWA MATERIALS in accordance with this Agreement.
DISCLAIMER OF WARRANTIES: THE MSWA MATERIALS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR OF NON-INFRINGEMENT. LICENSEE BEARS ALL RISK RELATING TO QUALITY AND USE OF THE MSWA MATERIALS.
EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY: To the maximum extent permitted under applicable law, Licensor shall not be liable for direct, indirect, special, incidental, or consequential damages or lost profits related to Licensee's use of and/or inability to use the MSWA MATERIALS, even if Licensor is advised of the possibility of such damage.
EXPORT REGULATION: Licensee agrees to comply with any and all applicable U.S. export control laws, regulations, and/or other laws related to embargoes and sanction programs administered by the Office of Foreign Assets Control.
SEVERABILITY: If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
NO IMPLIED WAIVERS: No failure or delay by Licensor in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Licensor.
GOVERNING LAW & DISPUTES: This Agreement shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. All claims and/or controversies of every kind and nature arising out of or relating to this Agreement, including any questions concerning its existence, negotiation, validity, meaning, performance, non-performance, breach, continuance or termination shall be settled exclusively in the United States District Court for the Western District of Pennsylvania or, if such Court does not have jurisdiction, in any court of general jurisdiction in Allegheny County, Pennsylvania and each party consents to the exclusive jurisdiction of any such courts and waives any objection which such party may have to the laying of venue in any such courts.
ENTIRE AGREEMENT AND AMENDMENTS: This Agreement constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto.
BY CLICKING THE BUTTON BELOW AND BY USING THE MSWA MATERIALS, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE MSWA MATERIALS.
Last updated September 7, 2010