PM FASTrack®

RMC END USER LICENSE AND SUBSCRIPTION AGREEMENT FOR PM FASTRACK® PMP EXAM SIMULATION SOFTWARE

Effective Date: July 1, 2016
Version 1.0

IMPORTANT:

PLEASE READ THIS END USER LICENSE AND SUBSCRIPTION AGREEMENT CAREFULLY. YOU WILL HAVE ACCEPTED THIS END USER LICENSE AND SUBSCRIPTION AGREEMENT IF YOU: 1) ACCESS, SUBSCRIBE TO, OR USE THE PM FASTRACK® PMP EXAM SIMULATION SOFTWARE; OR 2) CLICK THE "I ACCEPT" BUTTON ASSOCIATED WITH THIS END USER LICENSE AND SUBSCRIPTION AGREEMENT (“AGREEMENT”).

This Agreement is a legal agreement between you, the customer, and RMC Publications, Inc. ("RMC") regarding the license, access, and subscription to use all versions of RMC's FASTrack® Exam Simulation Software (hereinafter individually and collectively the "RMC Products and Services"). In this Agreement, "you" and "your" refer collectively to you, the customer, and any corporation, partnership, company or other entity you represent, and "we", "us" and "our" refer collectively to RMC.

RMC IS WILLING TO ALLOW THE LICENSE AND YOUR SUBSCRIPTION TO THE RMC PRODUCTS AND SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU ARE BINDING YOURSELF TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN RMC IS UNWILLING TO ALLOW THE LICENSE AND SUBSCRIPTION TO THE RMC PRODUCTS AND SERVICES AND YOU MUST NOT ACCESS OR USE THE RMC PRODUCTS AND SERVICES.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, PARTNERSHIP, COMPANY OR ANY OTHER ENTITY, YOU HEREBY REPRESENT AND WARRANT TO RMC THAT YOU ARE (A) AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF AND BIND THE ENTITY TO THE TERMS AND CONDITIONS CONTAINED HEREIN; AND (B) YOU ARE OVER THE AGE OF 18 YEARS OLD. ANY LICENSE OR SUBSCRIPTION TO ANY RMC PRODUCTS AND SERVICES WITHOUT AGREEING TO THE TERMS OF THIS AGREEMENT IS STRICTLY PROHIBITED.

RMC may make changes to this Agreement at its sole discretion. Changes will be communicated to you by us posting the new version of the Agreement on its website at http://www.rmcls.com or as otherwise determined by RMC in its sole discretion and your acceptance of and/or continued use of any RMC Products and Services after such notification of changes to this Agreement will constitute your acceptance of such changes.

1. DESCRIPTION OF RMC PRODUCTS AND SERVICES; DEFINITIONS

Throughout this Agreement, the following descriptions and definitions shall apply. More detailed information regarding RMC Products and Services can be found at http://www.rmcls.com .

1.1. PRODUCTS AND SERVICES

RMC's FASTrack® Exam Simulation Software is designed to simulate the CERTIFICATION exam that it is targeted towards and contains a database of questions allowing you to take exams by knowledge area, process, group, or keyword/concept. RMC updates the question database from time to time to align the questions and answers to modifications in the exam and best practices in the field.

1.2. ADDITIONAL DEFINITIONS

1.2.1. "RMC Software" refers to the FASTrack® Exam Simulation Software and its content including without limitation the questions and answers contained within the software, each of which are a part of the RMC Products and Services.

1.2.2. "Device" means your computer, tablet, smartphone, or any other electronic device.

1.2.3. "Documentation" as used in this Agreement means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the RMC Products and Services and made available by RMC with the RMC Products and Services in any manner.

1.2.4. "Modifications" refers to additional or modified functionality, updates, enhancements, security updates and patches, and upgrades to RMC Software or to remove or terminate the functionality of any RMC Software in accordance with the termination provisions of this Agreement.

1.2.5. “Users” means each individual user of the RMC Products and Services.

1.2.6. "User Data" means all content, data, or other information stored, shared, collected, or otherwise submitted by you or the RMC Products and Services related to you, your use of the RMC Products and Services, and your subscription to the RMC Products and Services.

2. GRANT OF LICENSE

Unless otherwise noted in this Agreement, and to the fullest extent allowed under any applicable laws, all terms and conditions of this Agreement apply to the license and use of any and all RMC Products and Services.

2.1. RMC PRODUCTS LIMITED EVALUATION LICENSE

Subject to the terms of this Agreement, you are hereby granted a licensed by RMC to access and use for evaluation purposes the selected RMC Products and Services for a period of two (2) days after you first activate your evaluation subscription (“Evaluation Period”) through the sign-up page located at http://www.rmcls.com_. If you want to continue to use any version of RMC Software after the Evaluation Period, you must acquire from RMC, for a fee, a subscription for the RMC Software. Use of RMC Software after the expiration of the Evaluation Period without acquiring such a license is outside the scope of this Agreement and a violation of U.S. and international copyright laws. If you do not purchase a subscription to RMC Software after the Evaluation Period, your ability to use the RMC Products and Services, will automatically cease to function 31 days after activation of your subscription.

2.2. NON-EVALUATION GRANT OF LICENSE

Conditioned upon compliance with the terms and conditions of this Agreement, RMC grants to you a nonexclusive and nontransferable license to access and use during the term of your subscription the RMC Products and Services along with their related Documentation, pursuant to the subscription and payment terms.

2.3. TITLE AND LIMITATIONS

This is a license and subscription to access and use the RMC Products and Services during the term of your subscription, not a transfer of title to the RMC Products and Services. RMC retains ownership of all copies of the RMC Products and Services. You are granted no implied licenses to any other intellectual property rights other than as specifically granted herein. You acknowledge that the RMC Products and Services contain trade secrets of RMC, its suppliers, or licensors, including but not limited to, the specific internal design and structure of individual programs and associated interface information, and the questions, answers, and other content provided accessed within the RMC Software. Accordingly, except as otherwise expressly provided under this Agreement, you shall have no right, and you specifically agree not to: (i) transfer, assign or sublicense your license or subscription rights to another person or entity and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void; (ii) make error corrections to, or otherwise modify or adapt, the RMC Products and Services or to create derivative works based upon the RMC Products and Services, or permit third parties to do the same; (iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the RMC Products and Services to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; (iv) use or permit the RMC Products and Services to be used for commercial use or to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of RMC; (v) disclose, provide, or otherwise make available trade secrets contained within the RMC Products and Services in any form, to any third party without the prior written consent of RMC; (vi) use the RMC Products and Services to develop any software application or similar products and services; or (vii) perform, display, or otherwise access or use the RMC Products and Services for the benefit of others, including without limitation to teach or otherwise provide exam preparation services for others. You acknowledge and agree that RMC reserves the right to remotely prevent access to and/or use of the RMC Products and Services for any reasons and solely in its discretion, including without limitation in the event that (i) RMC becomes aware, from you or otherwise, of unauthorized access or use of the RMC Products and Services by any third party using any user name, password, or other login credentials of you, or (ii) your violation of any term or condition of this Agreement. All rights not expressly granted in this Agreement are reserved by RMC.

2.4. FEEDBACK

You may provide feedback to RMC with respect to the RMC Products and Services. Notwithstanding any provision of the Agreement to the contrary, RMC may use such feedback for any purpose without obligation of any kind. To the extent a license is required to make use of such feedback, you hereby grant to RMC an irrevocable, non-exclusive, perpetual, royalty-free, transferrable license, with right to sublicense, to such feedback in connection with RMC's business (and the business of its parent, subsidiary, sister, and otherwise affiliated businesses), including enhancement of the RMC Products and Services.

3. ACCESS TO RMC PRODUCTS AND SERVICES

In order to use RMC Products and Services, you must provide all Devices, equipment and software necessary to use RMC Products and Services that are not a part of the RMC Products and Services, including, but not limited to, a suitably fast Internet connection and a Device that is in working order running an operating system and web browser compatible with the RMC Products and Services and that is suitable for use in connection with the RMC Products and Services. You are responsible for ensuring that your Device, equipment and/or software do not disturb or interfere with RMC's operations or the operations of other users of RMC Products and Services. If any Modification to RMC Products and Services requires changes in your Device, Internet connection, equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance RMC Products and Services, including the release of new products and services, shall be subject to the terms and conditions of this Agreement. You are solely responsible for any data or usage charges of your mobile or other Internet service providers due to your use of the RMC Products and Services.

4. PAYMENT

4.1. PRICING INFORMATION

Pricing and subscription information for RMC Products and Services is provided at http://www.rmcls.com or by contacting RMC sales representatives (“Pricing Policy”). RMC may change the price for the RMC Products and Services from time to time by updating the Pricing Policy. Such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). If you do not wish to be bound by such changed price relating to your RMC Products and Services you may terminate your subscription of your RMC Products and Services in accordance with Section 9 (Termination). Your continued access and use of the RMC Products and Services after the communication of such price change to you constitutes an acceptance of such new price.

4.2. PAYMENT TERMS

4.2.1. RMC may offer you the opportunity to subscribe to the semi-annual, annual, or 90 day subscription extension as applicable and offered for the respective RMC Products and Services. BY ACCEPTING THIS AGREEMENT AND ACCESSING OR USING RMC PRODUCTS AND SERVICES, YOU EXPRESSLY AUTHORIZE RMC TO BILL AND COLLECT PAYMENT FROM YOU BY ANY PAYMENT METHOD YOU REGISTER WITH RMC INCLUDING, BUT NOT LIMITED TO, YOUR CREDIT CARD, BANK ACCOUNT, OR ONLINE PAYMENT SYSTEM SUCH AS PAYPAL.

4.2.2. If you agree to pay the fee for subscribing to the RMC Products and Services, such fee will be charged by the company designated by RMC in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (e.g., that the card is issued in your name). All prices stated on the RMC website are exclusive of any applicable sales taxes and fees and are subject to change at any time, as set forth in this Agreement. RMC accepts a variety of different payment methods, so please check the RMC website at http://www.rmcls.com for the best way for you to pay. It is your responsibility to maintain proper payment and billing information with RMC. Failure to maintain proper and up-to-date payment and billing information will result in the termination of your license and subscription to the RMC Products and Services in accordance with Section 9 (Termination).

4.2.3. RMC is not obligated to refund any payments already paid except as stated in Section 9, and any cancellation by you will take place at the end of your applicable subscription term.

5. ACCOUNT DETAILS AND PASSWORD

You agree to keep all account and password details private and to not share them with anyone else in order to prevent unauthorized access to your account, your password and other login credentials, and/or your User Data. RMC is not liable for any loss or damage arising from any access to, sharing or use of your account, your password or your User Data. If you believe there has been any unauthorized access to your account, you must notify RMC immediately at info@rmcls.com. You are solely responsible for any use of the RMC Products and Services using your account and/or your password and other login credentials.

6. PRIVACY AND CUSTOMER INFORMATION

6.1. METHOD OF PAYMENT INFORMATION

If you subscribed to the RMC Products and Services, we may collect and store your method of payment for the RMC Products and Services you have purchased.

6.2. ACCOUNT CREDENTIALS

Your e-mail address in combination with your license key, allows RMC to verify your identity. RMC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY LOST, STOLEN, OR DELETED USER DATA, INCLUDING ANY DATA DELETED REMOTELY DUE TO THE COMPROMISE OF YOUR PASSWORD, YOUR ACCOUNT CREDENTIALS OR ACCESS TO YOUR E-MAIL ACCOUNT.

6.3. INFORMATION COLLECTED VIA THE INTERNET

RMC Products and Services may be monitored by RMC to verify the status of any subscription and right to use the RMC Products and Services, as well as your compliance with this Agreement and RMC's contractual and intellectual property rights, and your compliance with the law. Devices used to access the RMC Products and Services may also be tracked by RMC (such as via Internet Protocol address and other log information regarding the device, its operating system, browser, and other information) to identify the Device and locate where on the Internet that computer is located.

6.4. PRIVACY

For additional information on RMC’s privacy practices, please visit our privacy policy at _http://www.rmcls.com/about/privacy.aspx .

6.4.1. You may be required to provide personally identifiable information to RMC during your signup for your subscription to the RMC Products and Services. RMC uses the information you provide to respond to your customer service requests and to keep a record of registered licensees of the RMC Products and Services. RMC keeps this information on file and may use this information to contact you in the future. Users purchasing RMC Products and Services are also required to provide personally identifying information, including credit card information. RMC uses this financial information to process and identify each user's order, directly or through its third party vendors.

6.4.2. RMC may collect non-personally identifiable information including but not limited to date and time stamps and other information regarding you, your access and use of the RMC Products and Services, and your Device including without limitation as otherwise described in this Agreement for purposes such as detecting breaches of this Agreement and violations of RMC's intellectual property rights. RMC reserves the right to link this non-personally identifiable information to personally identifiable information to track and prosecute violations of this Agreement or its intellectual property rights.

6.4.3. RMC may also collect non-personally identifiable information when you use the RMC Products and Services and submit testing information to RMC for analysis. Usage information can include, but is not limited to, your date, time, length and frequency of use of the RMC Products and Services, your answers to questions posed in the RMC Products and Services, your score on test exams in the RMC Products and Services and other psychometric data. RMC does not link this anonymous information to personally identifiable information except as set forth in this Agreement. RMC uses this non-personally identifiable information in individual and aggregated form for the purpose of improving its products and services.

6.4.4. Information collected by RMC may be stored by or for RMC and may be cleared from RMC’s storage at any time in RMC's sole discretion.

6.4.5. RMC does not sell rent, or otherwise distribute personally identifiable user information collected about or from our users to third parties except to third parties operating on behalf of and for the benefit of RMC, and to RMC's parent, subsidiary, sister, and affiliated companies. In the event that RMC sells or acquires business assets or concerns or is subject to bankruptcy or similar proceedings, in whole or in part, RMC may transfer user information in conjunction with such sale, acquisition, or bankruptcy or similar proceedings.

6.4.6. RMC reserves the right to access and disclose to third parties personally identifiable information or other information collected from you or about you as RMC deems necessary to protect its intellectual property, your breach of this Agreement, in any civil action against any party, as required by law or court order, and at the request of law enforcement personnel or agencies.

7. MODIFICATIONS

RMC does not warrant that Modifications or the RMC Products and Services will be compatible with your Device. In the event your Device is not compatible with any Modification or the RMC Products and Services, your sole remedy is to terminate this Agreement and your subscription to the RMC Products and Services in accordance with Section 9.

8. PROPRIETARY NOTICES

You agree to maintain and reproduce all copyright, patent, trademark and other proprietary notices on all copies, in any form, of the RMC Software and the RMC Products and Services in the same form and manner that such copyright and other proprietary notices are included on the RMC Software and the RMC Products and Services. Except as expressly authorized in this Agreement, you shall not make any copies or duplicates of any RMC Software or the RMC Products and Services without the prior written permission of RMC.

9. TERMINATION

This Agreement shall be effective as of your acceptance of this Agreement or your access or use of the RMC Products and Services, whichever is sooner, and shall continue in effect until terminated as set forth in this Agreement. RMC may, at its election and in its sole discretion, terminate this Agreement and any subscription to the RMC Products and Services at will, at any time upon thirty (30) days’ prior notice to you, and if RMC does terminate this Agreement for its convenience and not due to your breach, RMC will refund any prepaid Fees for any unused portion of a subscription term. RMC may, at its election and in its sole discretion, terminate this Agreement and any subscription to the RMC Products and Services at will, at any time without notice to you if required to do so to comply with any state or federal law or regulation or if RMC Products and Services are impacted by third parties upon which the Products and Services depend, and RMC will refund any prepaid Fees for any unused portion of a subscription term. RMC specifically reserves the right to terminate this Agreement and your use of RMC Products and Services, and/or suspend your use of the RMC Products and Services, immediately, without notice from RMC and without any refund of prepaid fees, if: (i) you fail to comply with any provision of this Agreement; (ii) you use any RMC Product and Services in a way not intended by RMC; or (iii) you abuse your use of RMC Products and Services including without limitation engage in any DNS attack, attempt to circumvent or exceed security measures, engage in fraud, violate any state or federal laws or regulations, or otherwise engage in suspicious activities. RMC is further entitled to obtain injunctive relief if your use of the RMC Products and Services is in violation of any restrictions set forth in this Agreement, including without limitation any license restrictions. You may also terminate this Agreement for RMC’s breach of this Agreement provided that RMC fails to cure such breach after you have given RMC written notice of the breach and an opportunity to cure the breach within thirty (30) days of the notice. Upon termination, you shall destroy all copies of the RMC Software and Documentation in your possession or control and you must cease accessing and using all RMC Products and Services. The termination of this Agreement for any reason shall not affect: a) except as set forth herein, the obligations of you to account for and pay to RMC any amounts for which you are obligated by virtue of transactions or events which occurred prior to the effective date of termination; or b) any other obligation or liability which either party has to the other under this Agreement and which, by its nature, would reasonably be expected to survive termination.

10. ALLOCATION OF RISK

You acknowledge and agree that RMC has set its prices and entered into this Agreement and your subscription to the RMC Products and Services in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

11. LIMITED WARRANTY

RMC PRODUCTS AND SERVICES FURNISHED BY RMC AND ACCEPTED BY YOU ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY RMC. RMC DOES NOT WARRANT THAT THE RMC PRODUCTS AND SERVICES OR ASSOCIATED DOCUMENTATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE RMC PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF RMC PRODUCTS AND SERVICES IS WITH YOU. SOME STATES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR TO SELL A CONSUMER PRODUCT “AS-IS,” SO THIS EXCLUSION MAY NOT APPLY TO YOU.

12. LIMITATION OF RMC LIABILITY

IN NO EVENT WILL RMC BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY RMC PRODUCTS AND SERVICES FURNISHED OR TO BE FURNISHED BY RMC UNDER THIS AGREEMENT OR THE ACCESS OR USE THEREOF, EVEN IF RMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE AGGREGATE LIABILITY OF RMC UPON ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY RMC PRODUCTS AND SERVICES FURNISHED OR TO BE FURNISHED BY RMC UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT YOU HAVE PAID TO RMC UNDER THIS AGREEMENT TO ACCESS AND USE THE RMC PRODUCTS AND SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. INDEMNITY BY YOU

You will, to the fullest extent permitted by law, indemnify RMC and its officers, directors, shareholders, members, employees and agents and their respective successors and assigns (collectively, the “RMC Indemnified Parties”) against and hold the RMC Indemnified Parties harmless from any and all claims, liabilities, losses, damages, judgments, awards, costs and expenses, including reasonable expert and attorneys' fees in connection with investigating, defending, and settling any claim relating to or arising out of any acts or omissions on the part of you which are a breach of this Agreement or give rise to claims against RMC Indemnified Parties by third parties.

14. YOUR OBLIGATIONS

You represent and warrant that (a) you are the owner or an authorized user of the Device on which the RMC Products are to be accessed and any User Data used in conjunction the RMC Products and Services; (b) you shall use the RMC Products and Services only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations applicable to the use of the same; and (c) you shall use the RMC Products and Services only for your personal, non-commercial needs, and for no commercial or third party use.

15. GENERAL PROVISIONS

15.1. ENFORCEMENT/CHOICE OF LAW/CHOICE OF FORUM

Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be modified by a court of competent jurisdiction to be valid and enforceable while maintaining as close as possible the intent of the parties as indicated by the wording of this Agreement or, if the provision cannot be so modified, deemed severed from this Agreement, and all other provisions will remain in full force and effect. The laws of the State of Minnesota, excluding its conflicts of law rules, govern this Agreement and your use of the RMC Products and Services. Your use of the RMC Products and Services may also be subject to other local, state, national, or international laws. Any action between the parties will be venued solely in a state or federal court situated within the state of Minnesota, and you irrevocably submit yourself to the personal jurisdiction of such courts for such purpose. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement, nor does any enactment of the Uniform Computer Information Transactions Act.

15.2. ENTIRE AGREEMENT/NO WAIVER

This Agreement together with the information referred to or linked to by this Agreement, all of which are incorporated herein, sets forth the entire agreement and understanding between RMC and you regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. You acknowledge that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement. The failure by RMC at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by RMC will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.

15.3. CORRECTION OF ERRORS AND INACCURACIES

This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. RMC reserves the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. RMC does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

15.4. HEADINGS

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

15.5. NO JOINT VENTURE

This Agreement shall not be construed as creating or constituting any partnership, joint venture or agency relationship between the parties.

15.6. ASSIGNMENT AND RESALE

RMC may assign its rights and obligations under this Agreement but your rights under this Agreement are not assignable or transferable. You agree not to resell, sublicense, rent, copy, lend, re-license, or otherwise transfer the RMC Products and Services or any portion thereof. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

15.7. NO THIRD PARTY BENEFICIARIES

No third-party beneficiaries are intended or shall be construed as created by virtue of this Agreement.

15.8. EXPORT COMPLIANCE

You may not use or otherwise export or re-export the RMC Products and Services except as authorized by United States law and the laws of the jurisdiction in which the RMC Products and Services were obtained. In particular, but without limitation, the RMC Products and Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the RMC Products and Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.

15.9. U.S. GOVERNMENT RESTRICTED RIGHTS

The RMC Products and Services are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) in The Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is RMC Publications, Inc., 10953 Bren Road East, Minnetonka, Minnesota 55343.

15.10. CONTACT

For questions concerning this Agreement or additional information, please send an e-mail to info@rmcproject.com or contact RMC Project Management, Inc., RMC Project Management, Inc., 10953 Bren Road East, Minnetonka, Minnesota 55343.

Copyright 1997-2017 RMC Publications, Inc. All Rights Reserved.

PM FASTrack® is a registered trademark of RMC Project Management, Inc.

Project Management Institute (PMI)®, Project Management Professional (PMP)®, and A Guide to the Project Management Body of Knowledge (PMBOK® Guide) are registered trademarks of the Project Management Institute, Inc.

RMC Project Management, Inc., has been reviewed and approved as a provider of project management training by the Project Management Institute (PMI). As a PMI Registered Education Provider (R.E.P.), RMC Project Management, an affiliate of RMC Publications, Inc., has agreed to abide by PMI-established quality assurance criteria.

This publication contains material from A Guide to the Project Management Body of Knowledge (PMBOK® Guide)—Fifth Edition, which is copyrighted material of, and owned by, Project Management Institute, Inc. (PMI), copyright 2013. This publication has been developed and reproduced with the permission of PMI. Unauthorized reproduction of this material is strictly prohibited.

This publication uses the following terms trademarked by the Project Management Institute, Inc.: Project Management Institute (PMI)®, Project Management Professional (PMP)®, and A Guide to the Project Management Body of Knowledge (PMBOK® Guide).

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