CFGI and SHRM On-line Courseware EULA
This End User License Agreement (the “EULA” or “Agreement”) is a binding legal agreement between
you (“you” or “your”) and the Council for Global Immigration (CFGI) and the Society for Human Resource
Management (SHRM).
By accessing or using the On-line Courseware (the “Courseware”) or any component thereof, you agree
to be bound by and comply with the terms of this EULA. If you do not agree to the EULA, do not access
or use the Courseware. You agree that use of the Courseware signifies that you have read, understood,
and agreed to be bound by the EULA.
1. Courseware
The On-line Courseware is a training solution composed of the principal course, entitled “The RO and
ARO Roadmap for Administering the J-1 Exchange Visitor Program," and any one or more of three
additional modules (if you paid for such module(s) in your license fee), entitled “Managing the Exchange
Visitor Program Lifecycle,” “Exchange Visitor Program Administration,” and “Employment Law and
Exchange Visitor Programs”.
The Courseware is provided to you under this EULA for your personal and non-commercial use only.
2. License
CFGI hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, nontransferable, revocable and temporary license to use and display the Courseware solely for your own
personal use, and only during the Licensed Period. You will be fully responsible for your compliance with
the terms of the Agreement.
3. Title
You acknowledge that CFGI (the “Author”) is the exclusive copyright owner of the Courseware. You
acknowledge that the copyrighted Courseware has been created by the Author at substantial cost and
that all right, title and interest, including but in no way limited to copyright, in and to all such materials
shall remain solely the property of the Author during the term of this Agreement and thereafter. All rights
to the Courseware not expressly granted herein are reserved by CFGI. The CFGI and SHRM names, the
CFGI and/or SHRM logos, and other CFGI and/or SHRM logos and names are trademarks of either CFGI
or SHRM. You agree not to display or use these trademarks in any manner without CFGI or SHRM’s
prior, written permission.
4. Restrictions
You may not:
Modify or create derivative works based on the Courseware, in whole or part;
Sell, assign, license, disclose, loan, share or otherwise transfer or make available the Courseware or
any copies of the Courseware in any form, in whole or part, to any third parties or to any other individual
(e.g., a colleague in your company, etc.), to include sharing login credentials with another;
Copy, alter, save, translate, decompile, or reverse engineer the Courseware, in whole or part; or
Remove or alter any proprietary notices or marks on the Courseware.
Notwithstanding the foregoing, you may download and print a single copy of any course-related
worksheet(s) made available within the Courseware, for your sole, personal use while completing the
Courseware.
5. Limited Warranty
The Courseware is produced in a professional manner. CFGI AND SHRM HEREBY DISCLAIM ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND QUIET
ENJOYMENT. CFGI AND SHRM DO NOT WARRANT THAT THE COURSEWARE ARE ERROR-FREE
OR ACCURATE. Your sole and exclusive remedy for breach of the warranty set forth in this Section will
be for CFGI AND SHRM at their sole expense and option to bring the Courseware into compliance with
the warranty, or for CFGI to refund you the amounts paid for the non-conforming Courseware.
CFGI and SHRM are simply providing general information and training through the sale of training and
education products such as the Courseware. Nothing in the Courseware shall be construed as legal
advice or as applicable to your particular factual situation, and the protections of the lawyer-client
relationship do not exist with respect to the training services provided by CFGI and SHRM to you and/or
any other individual or entity.
6. Expiration and Termination
CFGI and SHRM shall have the right to terminate this Agreement and the license granted herein in the
event you fail to comply with any of the terms and conditions of this Agreement after written or electronic
notice to you. Upon expiration or termination of this Agreement for any reason, all rights and licenses
granted to you under this Agreement shall immediately terminate. Termination shall not affect your
obligation to pay all undisputed fees and charges accrued or earned by CFGI prior to termination or your
obligations under Sections 5, 7, 8 or 9.
7. Indemnification
By accepting the EULA, you agree to indemnify and otherwise hold harmless CFGI and SHRM and its
suppliers and each of their respective officers, employees, agents, subsidiaries, affiliates and other
partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of,
relating to, or resulting from your use of or access to the Courseware.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CFGI NOR SHRM NOR ITS
SUPPLIERS, PARTNERS OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, SALES, REVENUE,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CFGI, SHRM OR ITS
SUPPLIERS, PARTNERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) IN CONNECTION WITH ANY CLAIMS, LOSSES, DAMAGES OR INJURIES ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, THE COURSEWARE OR YOUR USE THEREOF
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL CFGI’S, SHRM’S OR ITS
SUPPLIERS’, PARTNERS’ OR AFFILIATES’ TOTAL CUMULATIVE DAMAGES EXCEED THE
AMOUNTS YOU PAID FOR THE COURSEWARE.
9. General.
The EULA between you and CFGI and SHRM will be governed by and construed in accordance with the
laws of the State of Virginia without regard to conflict of laws principles. The parties hereby agree that all
disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of and venue in the
federal and state courts within the City of Alexandria, Virginia, and you hereby consent to the personal
and exclusive jurisdiction and venue of these courts.
The EULA constitutes the entire agreement between you and CFGI and SHRM and governs your use of
the CFGI and SHRM Courseware, superseding any prior agreements between you and CFGI or SHRM. If
any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such
provision will be changed and interpreted so as to best accomplish the objectives of the original provision
to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and
effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. This
Agreement may not be modified by anyone except in writing signed by an authorized officer of SHRM and
CFGI. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall
be construed to be a waiver of that or any other right in connection with this Agreement.