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Oregon End User License Agreement

Updated June 8, 2021
Volume II

BEFORE YOU CHECK THE BOX INDICATING YOUR AGREEMENT TO THESE END USER LICENSE AGREEMENT AND NURSING ASSISTANT (NA) TRAINING COURSE TERMS (THIS “AGREEMENT”), OR OTHERWISE ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS BELOW. BY ACKNOWLEDGING YOUR ACCEPTANCE, YOU ARE (a) AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT; AND (b) REPRESENTING THAT YOU ARE 18 YEARS OF AGE OR OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE USE OF THE SOFTWARE, AND IF USING THE SOFTWARE ON A MOBILE DEVICE, REMOVE THE SOFTWARE FROM YOUR DEVICE.

1. Introduction and Acceptance. This End User License Agreement and NA Training Course Terms is a legal agreement between you (“You”) and NextStep Interactive, Inc. (“NextStep” or “Licensor”) regarding the use of Licensor’s software application (whether mobile or online), including any user documentation provided, in electronic form (the “Software”) and participation in NextStep’s NA Training Course. This Agreement is between you and NextStep and not with any third party, including Apple Inc. (“Apple”) or Google, Inc. (“Google”). If you have downloaded the mobile application version of the Software for use on an Apple device, You and Licensor acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries to this Agreement and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this license agreement as a third party beneficiary thereof. Licensor is solely responsible for the content of the Software.

2. Grant of License. Subject to your compliance with the terms of this Agreement, Licensor grants to You a limited, non-exclusive, non-transferrable, non-sublicensable, and fully-revocable license to: (a) download and install the mobile application version of the Software or access the online version of the Software on a device you own or otherwise have authorization and control over, (b) use the Software for only non-commercial purposes (the “License”). You may not rent, lease, lend, sell, redistribute or sublicense the Software to any other person or entity. If you have downloaded the Software for use on an Apple device, You agree to only install the Software on an Apple-branded product that You own or control and only as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

3. Ownership Rights. The license granted hereunder does not constitute a transfer or sale of Licensor’s ownership rights in or to the Software. Except for the express license granted below, Licensor and its suppliers and licensors retain all right, title and interest in and to the Software, including all intellectual property rights therein. The Software is protected by applicable intellectual property laws, including, but not limited to, United States and international copyright, trademark, patent and trade secret laws.

4. License Restrictions. You may not, in part or as a whole, copy, adapt, modify, reproduce, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Software, except to the extent required by applicable law. Further, You may not, in connection with your use of the Software,

  • violate any applicable laws, rules or regulations;
  • remove or destroy any copyright notices or other proprietary markings included on or in the Software;
  • develop, evaluate, validate or enhance any competitive product or service;
  • harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any person or entity, or publish material that is false, defamatory, harassing or obscene;
  • impersonate others or provide inaccurate or untrue information;
  • do anything to interfere with or impair the intended operation of the Software;
  • create accounts or access or collect information made available through the Software in unauthorized ways, including, but not limited to, by use of automated means; 
  • collect or store personal data without the knowledge and express consent of the data subject;
  • damage, disable or impair the operation of, or gain or attempt to gain unauthorized access, receipt, use, copying, alteration or destruction of or to, any property, devices, software, services, networks or data by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature; or
  • encourage or assist any third-party to do any of the foregoing.

5. Termination. This Agreement shall terminate upon the earlier of: (i) your failure to comply with any term of this Agreement; (ii) the return, destruction, or deletion of all copies of the Software in your possession; or (iii) termination of this Agreement by You or Licensor. Licensor’s rights and your obligations shall survive the termination of this Agreement. Upon termination of this Agreement, you shall cease use of the Software and if you have installed a mobile application version of the Software on your device, you shall uninstall the Software from your device. . When this Agreement is terminated, you may no longer have access to data and other material you have stored in connection with the Software.

6. Updates & Support. You are entitled to download updates to the mobile application version of the Software when and as Licensor publishes them and only via the stores or channels of distribution provided by Apple or Google. Licensor may, at its discretion, add, modify or remove features from the Software at any time with or without notice to you. After termination of this Agreement, You have no further rights to receive any updates without the acquisition of a new license to the Software. You agree that Licensor has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. You should promptly download and install all updates to the mobile application version of the Software that Licensor makes available, and You acknowledge that the mobile application version of the Software or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.

You acknowledge that maintenance and support services for the Software, if any, will be provided by Licensor and that neither Apple nor Google have any obligation whatsoever to furnish any such maintenance or support for the Software.

7. Privacy. By entering into this Agreement, you agree that Licensor may collect, retain and use your personal information, including, but not limited to your name, e-mail address, telephone number(s), and your postal address. The Software may also use technology to collect usage details, device information, and location information. Your personal information will only be used to provide services and product functionality to you. Licensor may also use your personal information for additional communication with you, subject to your decision not to accept such communication from Licensor and subject to applicable laws.
All information we collect through or in connection with this Software is subject to our Privacy Policy, located at https://www.nextstep.careers/privacy. By downloading, installing, using and providing information to or through this Software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

8. Third-Party Materials and Services. The Software may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that Licensor is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Licensor does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

9. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Notwithstanding the foregoing, if you are using the Software on an Apple device, in the event the Software does not conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software, if any. To the maximum extent permitted by applicable law, Apple will not have any other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Licensor.

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL LICENSOR OR ITS SUPPLIERS, LICENSORS, DISTRIBUTORS, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM THE THEFT, MISAPPROPRIATION, OR USE OF YOUR DATA STORED USING THE SOFTWARE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S OR ITS SUPPLIERS’, LICENSORS’, DISTRIBUTORS’, AGENTS’, OR REPRESENTATIVES’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO LICENSOR, OR (B) $100.00. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SHALL NOT APPLY TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY OR WHERE EXPRESSLY PROHIBITED BY LAW. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification. You agree to indemnify, defend and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Software or your breach of this Agreement.  

Notwithstanding the foregoing, if you are using the Software on an Apple device, You and Licensor acknowledge that Licensor, not Apple, is responsible for addressing any of your claims or claims of any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You and Licensor further acknowledge that, in the event of any third-party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Licensor, not Apple will, be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

12. User Content. The Software may enable you to publish or share publicly with others, content you have generated or obtained from other sources (“User Content”). You retain any and all intellectual property rights you already hold under applicable law in User Content you upload to, publish or share through the Software, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of others in any User Content that you may use or modify. You grant to Licensor, a non-exclusive, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, adapt, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of the User Content you upload to, publish or share through the Software, solely for the purpose of providing the services contemplated to be provided to you under this Agreement. Each time you upload, publish or share any User Content, you represent and warrant to Licensor that you are at least the age of majority in the state or jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you upload, publish or share, and that, in regard to that User Content: (i) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to upload, publish and share the User Content and grant Licensor the right to use it as described in this Section 12, all without any obligation being imposed on Licensor to obtain the consent of any third party and without creating any obligation or liability whatsoever for Licensor; (ii) the User Content is accurate; (iii) the User Content does not and will not infringe any intellectual property or other right of any third party; and (iv) the User Content will not violate this Agreement or cause injury or harm to any person.

13. Export Regulation; Legal Compliance. You agree to abide by U.S. and other applicable export control and import laws and not to transfer the Software to any country or person prohibited under such laws. In no event may the Software, the underlying information and technology, and/or any support services be downloaded or otherwise exported, transferred, or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, the Crimea region of the Ukraine, or any other country or national of a country which the U.S. has embargoes, sanctions, or other export restrictions; or (ii) to any person or entity prohibited by the U.S. Government, including but not limited to persons and entities on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Parties List or Entities List. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

15. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Software shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in or for King County, Washington. Each party waives any and all objections to the exercise of jurisdiction over it by such courts and to venue in such courts.

16. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

17. Entire Agreement. This Agreement and our Privacy Policy constitutes the entire agreement between you and Licensor with respect to the Software and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Software.

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