End-User License Agreement

End-User License Agreement

 

IMPORTANT – READ CAREFULLY:  This TAPDANCE LIVE LLC End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and TAPDANCE LIVE LLC for the TAPDANCE LIVE LLC software product known as TapDance®, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”).  By installing, making a backup copy of diskettes, or otherwise using this SOFTWARE PRODUCT as an ASP SERVICE, you agree to be bound by the terms of this EULA.  If you do not agree to the terms of this EULA, do not create a user name and password to access the application or use the SOFTWARE PRODUCT or Application.

 

SOFTWARE PRODUCT LICENSE –

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  The SOFTWARE PRODUCT is licensed, not sold.

  1. GRANT OF LICENSE.  This EULA grants you the following rights:
    1. Software Product. TAPDANCE LIVE LLC grants to you, a registered organization or business entity, a personal, nonexclusive license to use the TapDance® software application as a subscription service in accordance with the established provisions, standards, and procedures for applicant and employee testing as established by the American Psychological Association and other professional psychometric organizations. 
    2. Lease. TAPDANCE LIVE LLC grants to you the right to a subscription for the specified time detailed on your subscription invoice.  TAPDANCE LIVE LLC grants you the right to designate an individual or individuals within your organization to have the right to use the SOFTWARE APPLICATION in the manner provided above.
    3. Security of Testing Programs and Materials.  The user acknowledges their responsibility to receive, handle, store, and administer the software and related testing materials in a secure manner at all times, and to restrict unauthorized access to the SOFTWARE PRODUCT so as to make a reasonable effort to maintain the confidentiality of the testing materials contained therein. 
  2. RESTRICTIONS. 
    1. Software Modifications.  You may not modify, alter, merge, or adapt the SOFTWARE PRODUCT in any way, including reverse engineering, disassembling, or decompiling the software in any manner whatsoever.
    2. Transfer of Ownership and Interest.  You may not loan, rent, lease, or license the SOFTWARE PRODUCT or Application in any way. You may transfer the subscription for use by another entity during the term of the lease, provided that you inform TAPDANCE LIVE LLC in writing of your intent to transfer.  This agreement, and all documentation and any media provided with TapDance® will thereby be transferred and you will no longer have access to the application. 
  3. INTELLECTUAL PROPERTY RIGHTS
    1. All intellectual property rights in the software and user documentation are owned by TAPDANCE LIVE LLC or its suppliers and are protected by United States and international intellectual property laws, including patent, copyright, and trademark laws.
    2. TAPDANCE LIVE LLC retains all rights not expressly granted in this EULA. In addition, TAPDANCE LIVE LLC may assign its rights to another entity without your approval or acknowledgment
  4. LIMITED WARRANTY
    1. TAPDANCE LIVE LLC warrants that (1) the SOFTWARE PRODUCT will substantially conform to the applicable user documentation and (2) that the SOFTWARE PRODUCT and Application is free from defects in materials and workmanship. 
    2. TAPDANCE LIVE LLC will, at its option, refund the amount you paid for the SOFTWARE PRODUCT or Application or provide you with corrected items at no charge during the term of the license agreement is in effect.
    3. Any misuse or unauthorized modification of the SOFTWARE PRODUCT will void this limited warranty.
    4. Except as specifically provided herein, TAPDANCE LIVE LLC makes no warranty, representation, promise, or guarantee, either expressed or implied, statutory or otherwise, with respect to the SOFTWARE PRODUCT, user documentation, or related technical support, including their quality, performance, merchantability, or fitness for a particular purpose.
    5. The warranties and remedies set forth herein are exclusive and in lieu of all others, oral or written, expressed or implied.  No TapDance® dealer, distributor, agent, or employee is authorized to make any modification or addition to this warranty.  This warranty gives you specific legal rights, and you may also have other rights which vary from the location in which you are established or reside.
  5. LIMITATION OF LIABILITY
    1. Because software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies and any data derived in the use of the SOFTWARE PRODUCT or Application, and TAPDANCE LIVE LLC will not be responsible for your failure to do so.
    2. In no event will TAPDANCE LIVE LLC be liable for indirect, special, incidental, tort, economic, cover, or consequential damages arising out of the use or inability to use TapDance® products or services, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data, computer programs, even if advised of the possibility of such damages.
    3. In no event will TAPDANCE LIVE LLC be liable for indirect, special, incidental, tort, economic, cover, or consequential damages arising out of the use TapDance® products or services, including, without limitation, damages or costs relating to the use of TapDance® for hiring and selection decisions, promotion decisions, training needs analyses, or compensation decisions.  Any conclusions that the user and/or licensee may draw from the results of testing with the TapDance® SOFTWARE PRODUCT about any individual’s abilities or skills are exclusively your own decisions.
    4. In no case shall TAPDANCE LIVE LLC’s liability for monetary damages exceed the amount paid by you for the SOFTWARE PRODUCT or Application out of which such claim arose.
    5. Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above exclusion or limitation may not apply to you.
  6. GOVERNING LAW
    1. This EULA is governed by the laws of the Commonwealth of Massachusetts

Should you have any questions about this End-User License Agreement (“EULA”),
or if you wish to contact TAPDANCE LIVE LLC
for any reason, please call us at (800) 569-7371.