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Terms & Conditions For Use
GODRIVER™ NEW DRIVER CD, AND WELCOME DRIVER™ DRIVER EDUCATION COURSES SOFTWARE

PLEASE CAREFULLY READ THIS LICENSE AGREEMENT ("AGREEMENT").

THIS AGREEMENT IS A LEGAL CONTRACT FOR THE USE OF GODRIVER PRODUCTS, INCLUDING THE NEW DRIVER CD AND WELCOME DRIVER COURSES AVAILABLE ON CD-ROM AND FROM THE GoDriver.COM INTERNET SITE. YOU ARE ONLY PERMITTED TO USE THE ACCOMPANYING PROGRAMS IF YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR INSTALLATION, DOWNLOADING, OR OTHER USE OF THE ACCOMPANYING PROGRAMS CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND CONSTITUTES AN ELECTRONIC SIGNATURE PURSUANT TO APPLICABLE LAWS.

Your use of the GoDriver.com or GoDriver.com Sites or any of the services provided by or through these Site(s) constitutes acceptance of these Terms of Use and of the GoDriver Privacy Policy, whether you are a visitor or a registered user with a User ID and a password. Failure to comply with these Terms of Use may result in the immediate termination of your access and use of this Site.

Definitions: "Distributors" mean certain parties to whom GoDriver has contractually provided the right to sublicense the Programs to certain customers. If You have acquired this license through a third party, such third party is the Distributor referred to in this Agreement as such applies to You. "GoDriver" means GoDriver LLC and its subsidiary and parent entities as well as their owners, employs, and agents. "Programs" means the original software programs and associated control files licensed hereunder, called either the CD, the Course(s) and/or the centrally served software, including all, whole or partial copies thereof, and all related documentation. "Suppliers" means GoDriver's partners (other than Distributors), clients, subcontractors, suppliers, or program developers. "You" and "your" means the person licensed to download, install, or otherwise use the Programs and who agrees to these terms and conditions.

OWNERSHIP
The Programs are owned by GoDriver and/or GoDriver's Suppliers, and are licensed to you under the limiting terms and conditions herein. The Programs are not sold and you acquire no ownership rights in or to the Programs. GoDriver retains all ownership and intellectual property rights in and to the Programs. The Programs and all video, audio and other content accessed through the Programs remain the property of the applicable content owner and are protected by applicable copyright law. This Agreement gives you no rights to such content.

SUBMISSIONS
GoDriver is pleased to hear from our visitors and registered users and we welcome your comments. To the extent that you submit information and material to this website or to any of our partners, whether by email or through use of this website, including, but not limited to, use of the website or submitting or posting feedback, questions, comments, suggestions, ideas, graphics, text, software or computer files of any type, you thereby expressly grant, or warrant that the owner of such material has expressly granted, GoDriver a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, make and have made, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to the GoDriver Privacy Policy, as set forth on this Site.

PROGRAMS LICENSE
GoDriver hereby grants you a non-exclusive, non-transferable license, subject to the terms of this Agreement, to use the Programs for your own personal non-commercial purposes. You may not modify or create derivative works of the Programs. You are not allowed to copy all or part of the Programs or to distribute the Programs to anyone else. You may make one copy the Programs for backup purposes only. You agree to reproduce the copyright notice and any other legend of ownership on any copy or partial copy of the Programs. The Programs are licensed for use on a single computer only by You. You may run the Programs on one computer and then on another, but you must not run the Programs on more than one computer at any given time without prior written permission from GoDriver. The Programs, in source code form, are the confidential and protected trade secrets of GoDriver, and, in object form, are the property of GoDriver. You agree not to use or copy the Programs except as provided in this Agreement nor to reverse engineer, de-compile, disassemble or otherwise decipher the Programs. No data in and regarding the Programs may be reproduced, stored in machine-readable form, or transmitted by any means without the written permission of GoDriver.

LICENSE FEE
Your rights to utilize the GoDriver Software and websites are explicitly conditioned upon the term of any license granted and your payment for such license. If the license has been granted to you through a Distributor, your right to continue to access the Software is further conditioned upon such Distributor remaining in good standing with GoDriver. If you are such a customer, You agree that nay claim arising from a discontinuation of service is to be solely directed at the Distributor to whom you made payment.

SECURITY
As a registered user, you will be assigned a log-in or identification(your "User ID") and a password and will be responsible for maintaining their confidentiality. You are responsible for all access and any activity that occurs through use of your User ID and password and agree to notify GoDriver immediately if you become aware of any unauthorized use of your User ID or password or any other breach of website security. GoDriver is not liable for any loss or damage arising from any unauthorized access or use of your User ID and password.

USE OF OUR WEBSITES
For your convenience, hyperlinks may be provided on our website that link to other websites. Go Driver neither sponsors nor endorses such websites. You acknowledge and agree that GoDriver is not responsible for, and has no liability with respect to, the availability (or unavailability) of such sites, the treatment of your personally-identifiable information by such sites or the information, products, content or other materials on or available from such sites. Similarly, if you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this website, you acknowledge and agree that GoDriver is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant.

NO WARRANTY THE PROGRAMS PROVIDE THE LIMITED INFORMATION NEEDED TO AID A STUDENT IN PASSING THE WRITTEN PORTION OF STATE DRIVER LICENSE COURSES AND ARE INTENDED ONLY FOR THE LIMITED PURPOSE OF ASSISTING STUDENTS WHO ARE OTHERWISE RECEIVING DRIVING INSTRUCTION. THE PROGRAMS NEITHER TEACH STUDENTS HOW TO DRIVE NOR DO THEY PROVIDE A COMPREHENSIVE COMPENDIUM OF ALL APPLICABLE LAWS. OBTAINING SUCH FURTHER INFORMATION IS YOUR RESPONSIBILITY.

Although the information included in every GoDriver Course was formulated with a reasonable standard of care, GoDriver makes no representation or warranty, express or implied, as to the accuracy, completeness, merchantability, or fitness for use of the data and information contained in GoDriver Courses. You assume the full responsibility and risk for any damage resulting from your downloading of any information, software or other materials through this website. It is your responsibility to take precautions to ensure that anything that you may download or otherwise select for your use is free of viruses and other destructive materials.

GODRIVER PROVIDES ALL PROGRAMS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. GODRIVER IS NOT OBLIGATED TO PROVIDE ANY PROGRAMS, SERVICES OR TECHNICAL SUPPORT FOR THE PROGRAMS. IF A MATERIAL PROBLEM WITH A PROGRAM IS BROUGHT TO OUR ATTENTION, WE WILL ATTEMPT TO RESOLVE SUCH PROBLEM IN THE NORMAL COURSE OF BUSINESS. NEITHER GODRIVER NOR ANY OF ITS DISTRIBUTORS OR SUPPLIERS MAKES ANY WARRANTIES OR REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE PROGRAMS, THEIR OPERATION, FUNCTION, PERFORMANCE OR DOCUMENTATION. LIMITATION OF LIABILITY EXCEPT AS PROVIDED BELOW, NEITHER GODRIVER NOR ITS DISTRIBUTORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, CAUSED TO ANY PERSON AS A RESULT OF THE USE OF THE PROGRAMS OR THE DATA OR INFORMATION CONTAINED THEREIN REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE, EVEN IF GODRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, HOWEVER, IT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NEITHER GODRIVER NOR ITS DISTRIBUTORS OR SUPPLIERS IS RESPONSIBLE FOR: ANY LOSS OR DAMAGE TO YOUR RECORDS OR DATA OR YOUR USE OF, OR RESULTS ACHIEVED FROM, THE PROGRAMS.

The sole remedy for any breach of this Agreement by GoDriver or any GoDriver supplier shall be, upon receipt of written demand, a refund to you of a pro-rated portion of moneys paid by you to GoDriver for the affected Programs. Such payment shall be pro-rated as follows: you shall be entitled to the full amount less 1/8th of such moneys for each week or part thereof during which you had the right to use such Program; if you paid to reactivate your account for extended use of the Program, any refund due will be limited to the amount of the extension fee.

TO THE EXTENT THAT YOUR PURCHASE OF THE LICENSE TO THE PROGRAMS WAS THROUGH A DISTRIBUTOR, YOU MUST OBTAIN ANY RELIEF DIRECTLY FROM SUCH ENTITY; GODRIVER MAKES NO GUARANTEE AND PROVIDES NO REMEDY TO YOU IF YOU DID NOT PURCHASE YOUR LICENSE TO THE PROGRAMS DIRECTLY FROM GODRIVER.

Neither of us will bring a legal action under this Agreement more than one year after the cause of action arose. Continued use by You of infringing materials or in violation of the license limitations hereunder shall constitute a continuing offense for the duration of such misuse. Each party waives its rights to a jury trial in any resulting litigation.

DISPUTES
In the event a dispute arises between you and GoDriver, we each agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Disputes") shall be resolved pursuant to this section. Should either party file an action contrary to this section, the other party may recover attorneys' fees and costs up to $1500, provided that the party seeking the award has notified the other party in writing of the improperly filed Dispute, and the other party has failed to withdraw the Dispute. With regard to any Dispute other than Disputes where a party seeks injunctive or other equitable relief, and where the total amount of the award sought is less than $10,000, either of us may elect to resolve the dispute through binding arbitration conducted by telephone and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Alternatively, any Dispute may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California. We each hereby agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California.

GENERAL
Your license to the Programs shall immediately terminate if you fail to comply with any of the terms or conditions of this Agreement. In addition, you or GoDriver may terminate the license provisions of this Agreement at any time. If your license terminates, you agree to immediately destroy the Programs and all copies you made of them. You consent to the collection and use of personal information by GoDriver, including, but not limited to, information gathered as a result of your use hereunder. No party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reason of any acts of God, act of government, strikes of labor disputes, or any other act or condition beyond the reasonable control of the parties. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, that provision will be enforced to the maximum extent permissible, although many provisions of this Agreement will remain in full force and effect. GoDriver shall be entitled to attorney's fees from you if GoDriver is required to bring legal action to enforce its rights hereunder. GoDriver does not collect personal information of people under the age of 15 and thus you must be 15 years of age or older to use any Program. You hereby represent that you are at least 15 years of age. GoDriver may amend this Agreement by posting such amendment at: http://www.GoDriver.com. Such amendments shall take effect thirty (30) days after posting. If you do not wish to be bound by such amended agreement, you may so notify GoDriver in writing during such thirty (30) day period. Your license rights hereunder shall terminate immediately upon such notice. There shall be no affect on the remaining provisions of this Agreement. This Agreement is the complete and exclusive agreement regarding the Programs and replaces any prior oral or written communications between you and GoDriver. This Agreement is entered into in the State of California, and governed by the laws of California, without regard to the conflict of law provisions thereof. The parties agree that all actions to enforce the terms of this agreement shall be brought in state or federal courts located in Los Angeles County, California. Both parties hereby irrevocably consent to the jurisdiction of such courts. GoDriver provides these Programs to you in the United States and you agree to comply with all applicable United States laws, including those regarding copyright and exportation. You are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of these Programs. The failure or delay of GoDriver to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.

CONTACTING GoDriver
Questions concerning this Agreement, your information, or any Program should be directed to GoDriver's customer service personnel by (a) electronic mail at support@GoDriver.com or (b) telephone at (888) 300-9263 during normal business hours in the Pacific time zone or (c) through the mail to: GoDriver Inc., 16400 Ventura Boulevard, Encino, California 91436.

LICENSES / COPYRIGHTS / CREDITS
Copyright © 1999-2007 GoDriver Inc. All rights reserved. "GoDriver," "Welcome Driver," and all associated logos are trademarks of GoDriver Inc. Other product and company names appearing in GoDriver products and materials are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used in any GoDriver Inc. products and materials are the exclusive property of their respective owners.

INTENDED SOLELY FOR PRIVATE HOME USE. PUBLIC PERFORMANCE OR OTHER USE IS EXPRESSLY PROHIBITED.

Additional Licenses and Credits Certain content in the Programs is used under license from the following: MACROMEDIA -- AUTHORWARE COPYRIGHT ©1993, 2000 Macromedia, Inc. Made with Macromedia is a trademark of Macromedia, Inc. QUICKTIME -- QuickTime and the QuickTime logo are trademarks used under license.

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