LOMA Individual PPDF License Agreement
Access Limited to Authorized Individuals. Licensee understands and agrees that Licensee's ID Number and password are to
be maintained as personal and confidential information. The unauthorized use of Licensee's ID Number and password for
access to Course Materials is a breach of this License Agreement and a violation of LOMA's rights under this License
Agreement. Licensee is responsible for taking reasonable measures to prevent access by unauthorized persons to
Licensee's ID Number and password.
Unauthorized Distribution or Sale. Licensee understands and agrees that the Course Materials cannot be distributed or sold
to any outside parties. Licensee understands and agrees that no changes or modifications can be made to the Course Materials
and no derivative works may be created based on them.
Intellectual Property. Licensee expressly acknowledges and agrees that LOMA or third-party publisher is the sole and
exclusive owner of all future and existing copyrights (including without limitation, the right to reproduce, distribute copies of,
display, perform and/or to prepare derivative works based on the copyrighted Course Materials), copyright applications and
registrations and any renewals or extensions thereto, moral rights, rights of the works of visual arts, patent rights, trade secret
rights, trademark rights, service mark rights, trade dress rights, confidential information rights (including without limitation
customer lists) and the goodwill associated with same, and all other ancillary rights or other proprietary or intellectual property
rights of any kind or nature (all of the foregoing collectively the ("Intellectual Property") in the Course Materials and
LOMA
Exams, the contents thereof (including, without limitation, any textbooks, examinations, study aids and any adaptations and
translations and related materials whether printed or online or electronic file} and all are original works exclusively owned by
LOMA or third-party publisher. The intellectual property ownership rights are protected by U.S. and international law, and any
copying or other use of the Course Materials or
LOMA Exams outside the terms of this License Agreement by Licensee is
strictly prohibited and may subject the offending individuals or business units in various locations to penalties under U.S. and
international law. Licensee hereby acknowledges that he or she shall have no right, title, or interest in or to the LOMA or third-
party publisher Intellectual Property except as specifically granted by this License Agreement.
Disclaimer of Warranty. LOMA warrants that it is entitled to grant Licensee the licenses granted in this License Agreement.
EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, THE COURSE MATERIALS ARE PROVIDED AS IS
WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF
PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES AS TO THE
AVAILABILITY, QUALITY, ACCURACY, OR COMPLETENESS OF THE COURSE MATERIALS. LOMA SHALL NOT BE LIABLE
FOR ANY DAMAGES THAT RESULT FROM LICENSEE’S OR COMPANY'S USE OF THE COURSE MATERIALS SUCH AS
LOST TIME, LOST PROFITS, LOST GOODWILL, COMPUTER PROBLEMS, OR OTHER SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE FORSEEABLE OR WHETHER SUCH
DAMAGES ARE DEEMED TO RESULT FROM THE FAILURE OF ANY EXCLUSIVE OR OTHER REMEDY.
Limitation of Liability. Licensee agrees to indemnify and hold harmless LOMA, its employees, its agents, and their successors
and assigns against any loss, liability, cost or expense (including reasonable attorneys' fees) asserted against or suffered or
incurred by LOMA as a consequence of, or in the defense of, any claim arising from or in connection with Licensee's, Company's,
Company's employees, or their successors’, agents’, heir’s, and/or assigns’ use of the Course Materials or services that are the
subject of this License Agreement.
Termination. LOMA may, in its sole discretion and without notice, at any time and for any reason, (a) remove, suspend, or
disable access to all or any portion of the Course Materials; (b) terminate any license granted herein; or (c) terminate this
License Agreement.
Assignment. Licensee agrees that LOMA may assign this Agreement in whole or in part, along with the attendant rights, duties,
obligations and benefits only to a corporation owned in whole or in part by LOMA or to a successor organization or affiliate.
Governing Language. Regardless of whether a copy of this License Agreement is translated into another language, the official
version shall be the English language version, which shall prevail in all cases.
Choice of Law. This License Agreement shall be governed by and construed in accordance with the laws of the State of
Georgia.
Entire Agreement. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Course Materials and the subject matter of this License Agreement and constitutes the entire
and only agreement between LOMA and Licensees who are not Ed Reps. Licensees who are Ed Reps are subject to the terms
of use in both this Agreement and in the
LOMA Electronic Library Licensing Agreement.
