1. Grant of License License.

Subject to the terms and conditions of this Agreement, Skillpad Ltd hereby grants to End User, and End User hereby accepts from Skillpad Ltd, a nonexclusive, non-transferable and non-assignable license to use only the e-Lessons identified in the Skillpad Ltd Product Order solely for End User’s personal use and not for the benefit of any other person or entity; provided, however, that this End User Agreement does not grant End User any title to or right of ownership of the e-Lessons.

Activation Option 1

  • Creates Administrator Account
  • Assigns the Suite to End User immediately
  • Allows End User 30 days from date of Purchase to Assign the Suite to other Trainees
  • Trainees have 30 Days to Access the Suite once Assigned
  • End User’s MySkillpad Login Credentials will be emailed to them immediately

Activation Option 2

  • Creates Administrator Account
  • Allows End User 30 days from date of Purchase to Assign the Suite to them self.
  • Allows End User 30 days from date of Purchase to Assign the Suite to other Trainees
  • Trainees have 30 Days to Access the Suite once Assigned
  • End User’s MySkillpad Login Credentials will be emailed to them immediately.

2. End User’s Obligation

2.1 Proper Use.
End User shall insure that log on identification and/or passwords are not utilized by multiple individuals. Your user name and password are required for accessing and utilizing the e-Lessons on the Skillpad Ltd Web site. To ensure your security, never reveal your username or password to any third party.

2.2 Payment.
End User shall pay according to either online Credit Card payment, PayPal Payment or by Skillpad Ltd Product Order.

3. Intellectual Property Rights and Restricted Use

3.1 End User Acknowledgement.
End User acknowledges that the e-Lessons, as well as proprietary rights in and to the e-Lessons including, but not limited to, all copyright, patent and trade secret rights, are and shall remain the sole property of Skillpad Ltd. End User shall have only the limited use rights specifically granted by this Agreement. End User shall not use the e-Lessons on a “service-bureau” basis, or transfer or sublicense any part of the e-Lessons.

3.2 No De compilation or Modification.
End User shall not modify, disassemble, de compile, reverse engineer, recreate, generate, or create derivative works from the e-Lessons or any portion thereof or otherwise attempt to obtain the corresponding code. End User further acknowledges that Skillpad Ltd has no obligation to modify the e-Lessons in any manner for use by End User.

3.3 Confidentiality.
End User shall not disclose or make available, directly or indirectly, all or any portion of the e-Lessons to any person. End User shall take reasonable measures to ensure that the e-Lessons are maintained confidential.

4. Term and Termination

4.1 Term.
This Agreement shall become effective upon acceptance. Access to the e-Lessons at the Skillpad Ltd Web site by the End User is determined as set forth in that certain Skillpad Ltd Product Order Agreement by and between Skillpad Ltd and End User, or until the earlier of termination as provided herein.

4.2 Termination.
Skillpad Ltd, in its sole discretion, may terminate this Agreement and the license granted hereunder if the End User should fail to comply with any obligation set forth in this Agreement.

5. Warranties

5.1 Limited Warranty.
Skillpad Ltd warrants that the Skillpad Ltd Web site will offer access to the e-Lessons on a substantially full-time basis. Notwithstanding the foregoing, the parties expressly recognize that network servers and links, such as associated with the Internet, are susceptible to downtime. Skillpad Ltd shall use commercially reasonable efforts to maintain a consistent link with the network upon which the Skillpad Ltd Web site is available.

5.2 Warranty Exclusions.
Notwithstanding the warranty provisions of Section 6.1, Skillpad Ltd shall have no warranty obligations if (i) End User has used or is using the e-Lessons in a manner not contemplated by this Agreement or (ii) End User or any third party has modified, or attempted to modify, the e-Lessons. Warranty obligations for the e-Lessons are limited in all cases to e-Lesson errors. Errors caused by hardware malfunctions or failures are excluded.

5.3 No Other Warranties.
Except as expressly provided by section 6.1, the e-Lessons are licensed “as is” and Skillpad Ltd makes no warranty that the e-Lessons shall operate with any hardware or software, or that the e-Lessons shall satisfy customer’s own specific requirements. To the maximum extent permitted by applicable law, Skillpad Ltd disclaims all other warranties and conditions, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or intended use, title, and non-infringement, with regard to the licensed e-lessons.

5.4 Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall Skillpad Ltd be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of or resulting from the use or inability to use the e-lessons or the provision of even if Skillpad Ltd has been advised of the possibility of such damages. In any case, the entire liability of Skillpad Ltd under any provision of this Agreement shall be limited to the greater of the license fee actually paid by End User under this Agreement or E.U. €10.00 Euro.

6. Miscellaneous

6.1 Governing Law.
This Agreement shall be executed in connection herewith shall be construed and governed by Irish Law and shall be binding upon and inure to the benefit of the parties hereto. The parties agree to submit to the jurisdiction of the courts within the Republic of Ireland.

6.2 Attorneys’ Fees.
In the event that legal action is brought to determine or enforce the rights of any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, costs, and expenses from the other party, including expert witness fees.

6.3 Merger Clause.
This Agreement contains the entire agreement between the parties and may not be modified or amended except by a written instrument.