subscribers
agreement
 
Each subscriber who enrolls in any FEI course must use the FEI Player software application to play the course content. The Online Course License Agreement, Subscription Agreement, and Software License Agreement ("the Agreement") is an integrated contractual agreement that specifies the terms of use and other important aspects of your role as a subscriber.

If you wish to enroll in any FEI course, you must read the Agreement and agree to its terms by clicking on the "I Agree" button at the bottom of this page. You will then be redirected to another page that provides enrollment information.

The Free Enterprise Institute (FEI)

Online Course License Agreement, Subscription Agreement, and Software License Agreement.

BY CLICKING ON THE “I AGREE” OPTION BELOW, YOU BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “I AGREE” OPTION, AND DO NOT USE THE SOFTWARE.

1. GRANT OF SOFTWARE LICENSE.

1.1. Grant.  Subject to the terms and conditions set forth in this Agreement, inEntertainment, inc. (“Licensor”) hereby grants you (the subscriber) a nonexclusive, nontransferable license in the FEI Player Software (“Software”).  You may use the Software subject to the terms and conditions of this License for your educational purposes only.  You may copy the Software for archival purposes only, and any copy you make must retain all of the original copyright and trademark notices.

1.2. Software License Restrictions.  Except as specifically granted in this Agreement, Licensor owns and retains all right, title, and interest in the Software, and any and all related materials.  This Agreement does not transfer ownership rights of any description in the Software, or any related materials, to you or any third party.  You may not reproduce or install the Software without the express written consent of Licensor, except for bona fide data backup.  You may not modify, reverse engineer, or decompile the Software, or create derivative works based on the Software.  You may not distribute the Software to any persons or entities.  You may not sell the Software to any person or make any other commercial use of the Software.  You must retain all copyright and trademark notices on the Software and take other necessary steps to protect Licensor’s intellectual property rights.

2. THE PARTIES OBLIGATIONS

2.1. FEI’s Obligations. FEI’s principal obligation under this Agreement is to deliver any online course (or any portion thereof) for which you have paid the tuition. We also have some ancillary obligations for the following:

a) Courses that have ongoing qualification requirements (sections 4.3 through 4.6 and 5.3 through 5.6)

b) Providing software updates as needed (section 3.2)

c) Providing limited technical support (section 3.7)

d) Providing limited course content support (section 3.8)

e) Communications regarding your subscription (as specified in the relevant sections of this Agreement)

f) Certain refund obligations pursuant to the guarantee or certain subscription cancellations or termination

g) Honor all other terms of this Agreement.

2.2. Subscriber’s Obligations. You (the subscriber) have certain obligations under this Agreement:

a) Use the most recent version of the FEI Player application to play the course(s) (see section 3.2).

b) Adhere to the default course schedule (one session per two weeks, minimum frequency); you may play sessions with greater frequency, but any frequency less than one session per two weeks will cause your subscription to become inactive.

c) Reactivate your subscription within the allotted time if you allow it to become inactive (see section 3.10).

d) Be responsive to notices and other communications (see section 3.14).

e) Honor all other terms of this Agreement.

2.3. Acceptance of Enrollments. FEI is under no obligation whatsoever to accept any enrollment in any course. Enrollments are accepted by FEI on the basis of a prospective enrollee’s qualifications. Qualification for enrollment is solely determined by FEI, and is not subject to appeal or dispute by any subscriber or prospective subscriber. The general qualifications for enrollment in FEI courses are:

• Curiosity

• Rationality

• Aspiration

• Intellectual honesty

FEI may, at its discretion, apply additional qualification criteria based on the rational and moral principles taught in FEI courses. FEI does not consider race, religion, color, creed, sexual preferences, marital or parental status, or physical disabilities in the qualification process. However, because the course content is presented in an audio/visual format, FEI has no ability to accommodate persons with severe visual or auditory impairments that the audio/visual format naturally precludes. Due to the nature of the course content, prospective enrollees must be at least 18 years of age. FEI may make special provision for younger subscribers under certain special circumstances.

3. USE OF SOFTWARE AND CONTENT.

3.1. Software Use Restrictions.  Use of this software is intended only for the courses and sessions that you have been approved to take by FEI.

3.2. Software Updates. We will update the software from time to time as needed for maintenance, security, and performance or feature enhancements. We will notify you whenever an updated version of the “FEI Player” software application is available. You are obligated to install and use the most recent version of the software under this Agreement. Failure to do so may compromise the security of your computer, interfere with your ability to play or view the course content, or interfere with our ability to deliver the course content. Your failure to use the most recent version of the software may result in the cancellation or termination of your subscription.

3.3. Content Ownership and Copyright. Any course to which you subscribe is a product of the Free Enterprise Institute (FEI), and is the intellectual property of Andrew J. Galambos (AJG), whose proprietary interests are represented by The Andrew J. Galambos and Suzanne J. Galambos Natural Estates Trust (“the Trust” or “AJGNET”). Your subscription to a course does not constitute a transfer of any copyright or ownership rights to you for any of its content. In no case, whether specified by law or interpreted by the jurisdiction of courts, shall the moral ownership of any portion of the course content (as established by the fact of authorship), be transferred to subscriber under this or any successor Agreement. All course content is ©Copyright (year) – The Andrew J. Galambos and Suzanne J. Galambos Natural Estates Trust or The Free Enterprise Institute. (The year of copyright declaration for any given course is specified in the end titles of Part B of every session of the course.)

3.4. Content Use Restrictions.   Your use of the content of the course is governed by sections 3.4.1 through 3.4.7, which sections specify the proprietary rights reserved by FEI in the administration and disposition of the intellectual property in the course, including all course materials.

3.4.1. Playback.  Playback of sessions is only allowed from the original computer on which you initially installed the FEI software and cannot be transferred to another computer without permission from the Online Course Manager. Playback of courses and sessions is limited to those subscribers with paid tuition. You may not play any session or part of any session for another individual. You may not disclose your login password or user password to any other person. It is your responsibility to make certain that no one else has access to this course while the software is installed on your computer. Playback of courses and sessions for other individuals or groups without express written permission from FEI is a violation of this agreement and may result in early termination of your subscription.

3.4.2. Personal Notes. Your subscription to this course entitles you to hear and view the course presentation and take written or electronic notes on the content for your personal use only. You are not permitted to make audio, video, photographic, or other copies of any course or any portion of any course. The notes and the media upon which they are written or stored by you are your property; however, any of the intellectual property that is contained in such notes that is the unique, original intellectual property of AJG shall remain the property of AJG. Your possession of that property under this Agreement does not constitute a transfer of any ownership rights or copyright to you.

3.4.3. Disclosure and Publication.  You may not disclose or in any way publish any part of the unique, original content of any FEI course without the explicit written permission of FEI. Such methods of disclosure include written, printed, or electronic disclosures of any kind, including disclosure via text (pamphlets, books, essays, monographs…etc.), audio recordings, graphic images, or any other form or method that is currently extant or that might be developed in the future. Such methods also include postings to Internet blogs, social networking media (such as Facebook® or Twitter®), emails, or discussion groups not currently authorized or sponsored by FEI. 

In any case, any such disclosure of the content of any courses that results in disclosure to any individuals who are not currently enrolled in those courses as subscribers under the terms of this Agreement or any predecessor or successor Agreement constitutes “publication” under this section 3.4.3 and will result in the immediate termination of your subscription under section 6.2 of this Agreement.

3.4.4. Teaching the Course Content.  You may not explain, clarify, interpret, or otherwise “teach” the content of this or any other FEI course to any individuals or groups without an explicit written agreement between you and FEI. The right to teach the course content, to authorize the teaching of that content, or to provide support for interpretation or comprehension of that content is reserved exclusively to FEI and authorized FEI staff and support associates by the owner of the intellectual property (AJGNET).

3.4.5. Communications Between Subscribers.  FEI encourages subscribers of FEI courses to communicate with each other regarding the course content in private or FEI-sponsored communications that do not violate any of the provisions of this agreement, especially sections 3.4.3, 3.4.4, 3.5.3, and 3.6. 

This section 3.4.5 also covers communications between subscribers and qualified graduates. The term “qualified graduate” of an FEI course refers to subscribers who have successfully completed the online version of that course—especially V-50DD or V-201DD—or who have otherwise been explicitly determined by current FEI staff to be qualified graduates. 

Please note that FEI students who attended earlier live or tape presentations of FEI courses do not necessarily or automatically qualify as graduates. Attendance at course lectures does not ensure comprehension of their content, or the ability to apply the principles they teach. FEI reserves the exclusive right to determine whether an individual is a qualified graduate.

3.4.6. Promotion.  Notwithstanding the constraints of sections 3.4.3, 3.4.4, 3.4.5, 3.5.3, and 3.6, FEI encourages you to engage in private discussions whose purpose is to promote FEI courses by stimulating curiosity and questions about subjects explained in FEI courses as part of the process of qualifying individuals for enrollment in those courses. Effective methods for promoting the courses within the spirit of this Agreement are covered in the courses themselves. Additional information is available from info@fei-ajg.com.

3.4.7. Course Materials.  Certain FEI courses may be supplemented by additional course content items that are not included within the body of the online audio-visual (video) course presentation that you will view and hear in the FEI Player application. Such additional course materials may include but are not limited to the following items, which may take the form of online forms, PDF* documents or other electronically distributed content, or other forms of communication or distribution:

*NOTE: PDF = Portable Document Format. If an instruction from FEI specifies that you must download a PDF file and open it in Adobe Reader, you must follow that instruction. Many of the PDFs in the FEI system have interactive features that will not work when opened in a browser. If you don’t already have Adobe Reader installed, it’s a free download at http://get.adobe.com/reader/. 

Course Completion Checklist – Some FEI courses provide a “Course Completion Checklist” that enables subscribers to manage their own progress through the course.

Study Guides – FEI may make available to you various study guides that focus your attention on key points that will aid your comprehension of the course content. 

Comprehension Test Questionnaires – Certain courses (such as V-50DD and V-201DD) may require your completion of comprehension tests as a part of the ongoing qualification process (e.g., see sections 4.3 and 5.3).

Other Resources – At the time of preparation of this Agreement, FEI is developing and may continue to develop other resources to assist you in your study of the course content. Such resources may include any of the following:

o Personal consultations and communications via phone, email, or Internet conferencing

o Other proprietary information resources 

The contents of all FEI course materials and communications are covered by a “proprietary notice” under this Agreement, which means that they are proprietary in nature and are covered by the applicable content ownership and copyright terms of section 3.3, and the applicable content use restriction terms of sections 3.4.1 through 3.4.4. Where such course materials are documents (including but not limited to PDFs or other documents transmitted electronically), they may include specific proprietary notices contained in the body of the document.

To the extent that your use of such course materials results in your creation of notes, questionnaire responses, communications, or other content that is uniquely your own, such content shall remain your intellectual property. You may use any of that property in any way that is consistent with the terms of this Agreement; however, you may not use it in any way that constitutes a violation of any of the proprietary rights of FEI or The Andrew J. Galambos and Suzanne J. Galambos Natural Estates Trust as defined by this Agreement. Specifically, you may not use it in any way that constitutes a disclosure or publication as defined in section 3.4.3.

3.5. Purposes of the Courses.  The generalized purpose of FEI courses is to provide individuals with knowledge tools that will equip them to create constructive, profitable applications of the principles taught in the courses. That profitability includes financial gain, but also includes stabilized, durable personal, business, and social relationships that enhance your long-term security. FEI’s specific intentions regarding the purposes of courses V-50DD and V-201DD are listed in sections 3.5.1 through 3.5.3.

3.5.1. To assist you, the subscriber, in expanding your understanding of volitional science in general and primary property theory in particular (“AJG’s theory”)

3.5.2. To use that improved understanding in morally (i.e., contractually) applying AJG’s theory

3.5.3. The purpose of the courses is not to motivate you to take any of the following actions:

• “Get the theory out there”; as emphasized by AJG in numerous FEI courses, it is not necessary to reach the masses in order to effect the most durable, constructive societal changes. The methods by which you can achieve such changes are covered in the course content.

• Support or oppose any political party or candidate, or become involved in political action of any kind

3.6. Licensure.  Your tuition covers the disclosure of the content of the course to you. The tuition does not cover the authorship, publication rights, or use of these ideas without appropriate contractual licensure, as specified by primary property theory. Any usage requires your negotiation of an NRD usage license with the Trust, as described in Course V-201DD. However, FEI is not a licensing agency. Proposals for licensed usage must be submitted directly to the Trust. The Trust will not accept, review, or consider any proposals for licensed usage from any subscriber who is not a qualified graduate of an FEI-approved version of Course V-201. Proposals from qualified V-201 graduates must conform to the specifications for licensed NRD usage detailed in Course V-201DD. FEI has the exclusive right to make a determination as to a graduate’s qualifications, and such determination is not subject to dispute by any current or former FEI student, past associate, course enrollee, graduate, or subscriber, except as provided by contract with FEI or AJGNET. 

3.7. Technical Support. FEI will provide limited technical support for delivery of the course content to all subscribers as specified in section 3.9. 

3.8. Course Content Support. FEI provides courses designed for self-education. We provide enough resources within the course and its supporting materials to enable any truly motivated subscriber to understand the course content. Nevertheless, we understand that new ideas often require some assimilation time, and that support from those who already understand those ideas can greatly accelerate your comprehension. Therefore, FEI offers course content support to varying degrees depending on the course. For example, V-50DD and V-201DD have ongoing qualification requirements, and therefore require more support. Courses like V-111DD do not have such requirements, and therefore require less support, which typically can be provided in a single post-course support session. Sections 3.8.1 through 3.8.3 provide additional detail regarding course content support.

3.8.1. Comprehensive Support. We provide limited “comprehensive” support for the V-50DD and V-201DD course content as specified in sections 4.3 and 5.3. Comprehensive support is included in the tuition for each module of V-50DD and V-201DD. 

3.8.2. Advanced Support.  In some cases, advanced support may be available to subscribers who desire more intensive personalized support to increase their comprehension of the course content, especially those who intend to develop successful, profitable applications of FEI courses.

The availability of advanced support depends upon subscriber demand, and the availability of qualified FEI support associates. Therefore, FEI cannot guarantee that advanced support will be available to every subscriber. Please see the FEI website for information about the availability of advanced support.

3.8.3. Support Limitations.  FEI will endeavor to provide support for your comprehension as specified in sections 3.8, 4.3, and 5.3. However, FEI is not a consulting service for applications development. Please see sections 4.6 and 5.6 for additional information. 

Please note that FEI does not provide answers to questions that are answered within the courses themselves. For example, in most cases, questions that you might ask in V-50DD are either answered later in the course, or are answered in V-111DD, V-201DD, or in more advanced courses. Under no circumstances do you have any right under this Agreement to demand that FEI provide you with clarification, interpretation, revision, or explanation of the course content beyond the scope of the course materials or the course syllabus.

3.9. Service Interruptions.  FEI does not maintain its own data servers and “Internet pipeline” infrastructure for storage and access to FEI digital course content. Those services are contracted by FEI to reliable third parties who meet FEI’s requirements for proprietary security. Nevertheless, such services are not under FEI’s direct control on a 24/7 basis. Service interruptions might occur during the subscription period for reasons beyond FEI’s immediate and direct control. If you are experiencing connection difficulties you can contact support personnel via an e-mail request to support@fei-ajg.com. In the event FEI cannot provide you with access to any sessions of the course due to circumstances beyond its control, FEI will offer you the following options specified in sections 3.9.1 through 3.9.3, subject to the stipulation in paragraph 3.9.4 in the event of catastrophic interruption of service. It is your obligation to specify which one of the three options you prefer.

3.9.1. Refund for Service Interruptions.  FEI will pay you a pro-rata refund for those sessions of the course not heard by you, calculated at the per session rate of the subscriber’s tuition divided by the number of sessions in the course. Your subscription will be canceled by FEI upon payment of the refund.

3.9.2. Credit for Service Interruptions.  FEI will credit your customer account for the unheard sessions calculated as specified in paragraph 3.9.1 (above). You may apply the credit toward the tuition for other courses, or toward the purchase of other FEI products and services. Your subscription will be canceled by FEI upon issuance of the credit.

3.9.3. Delay Pending Restoration of Access. You may delay your continued hearing of the course until such time as FEI is able to restore access. If the delay before access is restored extends more than one week, FEI will adjust the default course schedule accordingly. In this case, FEI will provide you with monthly e-mail updates on the status of restoration of access. As compensation for the temporary loss of access, FEI will credit your customer account at the rate of 1% of your tuition per month (0.0333% per day) of lost access, calculated from the time of lost access to the time of restored access, rounded to the nearest whole day. You may apply the credit toward the tuition for other courses, or toward the purchase of other FEI products and services.

3.9.4. Cancellation Due To Loss of Services. In the event of a catastrophic loss of infrastructure services due to acts of war, natural disasters, social upheaval, or other conditions outside of FEI’s control, FEI reserves the right to cancel the subscriptions of all subscribers affected by such conditions and refund a pro-rata portion of the tuition for all course sessions not yet heard by the subscriber. FEI’s right to cancel such subscriptions supersedes subscriber’s right to select one of the options in paragraphs 3.9.1 through 3.9.3. In the event such infrastructure services are restored, FEI may, at its option, restore such canceled subscriptions upon subscriber’s payment of the same pro-rata portion of the tuition based on the amount of the full-course tuition at the time of restoration. 

3.10. Inactive Subscriptions. As specified in the FEI Online Course Manual, any session you’re currently playing will be available for a two-week period. If you do not complete the session within the two-week period, the session availability will expire, and your subscription will become inactive. Within one month after expiration, FEI will send you a reactivation notice. You may reactivate your subscription at no charge within 30 days of the date of the notice. FEI will send a second notice 30 days after the first notice. At that point you may reactivate your subscription by paying a $20.00 reactivation fee within 30 days following the date of the second notice. 

FEI reserves the right to cancel any subscription that remains inactive for more than 60 days following the date of the first notice. Such cancellation will not be subject to refund of your tuition, and shall be subject to the provisions of paragraph 3.14.4. 

3.11. Discontinuation/Cancellation of Subscription. Either you or FEI may cancel your subscription as specified in sections 3.11.1 and 3.11.2, respectively. Cancellation of your subscription by you or by FEI under any provision of this Agreement does not release you from the proprietary constraints with regard to FEI’s intellectual property as specified in sections 3.3 through 3.6.

3.11.1. Cancellation by Subscriber. You may elect to discontinue your enrollment at any time during the course. However, if you elect to discontinue your enrollment before you have heard every session of the course, you will void the standard guarantee and forfeit the tuition for any sessions you have not played. For courses with “step sequence” subscription plans (for example, V-50DD and V-201DD), discontinuation of your enrollment before completion of any module will void the guarantee for that module and forfeit the tuition for any sessions you have not played. (See section 4.5.)

3.11.2. Cancellation by FEI. FEI may cancel your enrollment at any time if any of the following conditions are true: 

a) You are in violation of any part of this Agreement.

b) You make demands upon FEI or any of its staff that exceed the products or services we are obligated to deliver under this Agreement (see section 2.1)

c) You satisfy any of the conditions in section 6.2 under “Termination for Cause”.

If FEI cancels your enrollment, our decision is final and is not subject to dispute by you or anyone else on your behalf. We will notify you of the cancellation and will refund a pro-rata portion of your tuition for any sessions you have not played in whole or in part, except as stipulated in section 3.10 for inactive subscriptions.

3.12. System Requirements.  It is your obligation to determine whether your computer system and Internet connection meet the minimum system requirements as detailed in the FEI Online Course Manual. The manual will be available to you via a hyperlink that you will receive from FEI following receipt of your tuition. Those requirements are also available from FEI via e-mail request to support@fei-ajg.com.

3.13. Standard Guarantee.  FEI guarantees your satisfaction under the following “standard guarantee”, which applies to all FEI courses except Courses V-50DD and V-201DD. (Those courses are covered by separate guarantees in sections 4.5 and 5.5, respectively.) 

The Standard Guarantee: If, after hearing every session of this course in its entirety, you do not agree that the course was worth your tuition, FEI will refund your tuition in full, subject to the conditions in sections 3.13.1 and 3.13.2.

3.13.1. If the reason for your dissatisfaction pertains to the content of the course, you are under no obligation to state any reason for invoking the guarantee. You may communicate such reasons to FEI if you wish, but it is not a requirement of the standard guarantee. This condition is consistent with FEI’s past guarantee policy. For the purposes of this guarantee, “content” means any of the ideological or intellectual content. “Content” does not include the duration or format of the course presentation.

3.13.2. If the reason for your dissatisfaction pertains to any aspect of the online course other than its content, FEI respectfully requests that you submit in writing a reasoned explanation as to why you do not believe you received value commensurate with the tuition. This condition represents a change from past FEI policy, which previously did not request any explanation for a customer’s dissatisfaction with the course. The current policy aims to improve FEI online course delivery services through our valued customers’ market feedback on aspects of FEI courses other than their content.

All refund requests should be submitted via e-mail to support@fei-ajg.com. The guarantee shall be effective for a period of thirty (30) days following the date on which you complete the last session of the course.

3.14. Responsibility For Communication. FEI assumes full responsibility for its obligations to communicate with the subscriber in fulfillment of all FEI requirements under this Agreement, and we expect the subscriber to accept the same responsibility for fulfillment of all subscriber requirements. That responsibility includes the following communication requirements, as specified in paragraphs 3.14.1 through 3.14.4.

3.14.1. Contact Information. Subscriber will ensure that FEI has all current contact information necessary to effect expeditious communications regarding this Agreement.

3.14.2. Method of Communication. All communications under this Agreement shall be via e-mail unless the subscriber specifies telephone communication as the preferred method. The use of other communication methods is subject to mutual agreement between FEI and the subscriber.

3.14.3. Mail Filters. Subscriber shall ensure that all spam filters, junk mail filters, or other mail filtering methods are configured to pass all messages from the fei-ajg.com domain to the subscriber’s mail inbox.

3.14.4. Notifications and Acknowledgments. In the case of e-mail communications, all FEI e-mail messages automatically request a receipt acknowledgment. Likewise, FEI uses a mail client that supports message-displayed receipt requests. If you do not use a mail client that supports message-displayed receipts, we will assume that you have received and displayed all messages we send. If a message from FEI requires a response or other acknowledgment, we will specify the required acknowledgment in the message, usually within a specified time frame. If you do not provide the requested acknowledgment or otherwise respond within the specified time frame, your subscription in the relevant course(s) shall stand suspended for a period of 30 days, after which FEI will cancel your subscription unless you have requested a reactivation as specified in section 3.10. In the event your subscription is canceled under this paragraph 3.14.4, the continuing obligations specified or referenced in section 6.1.1 regarding the proprietary rights of FEI, Licensor, and any other service providers specified or referenced in this Agreement shall still apply.

3.14.5. Interpretation of This Agreement. Subscriber assumes full responsibility for communicating with FEI regarding all matters of interpretation of this Agreement. If you have any questions regarding the meaning or implementation of any provision or aspect of this Agreement, please address all such questions to support@fei-ajg.com.

4. ADDITIONAL TERMS APPLICABLE TO COURSE V-50DD 

(NOTE: If you are subscribing to V-201DD, please go to Section 5. If you are not subscribing to either V-50DD or V-201D, please go to Section 6.)

For reasons that are mentioned in V-50DD and covered in depth in V-201DD, certain contractual terms necessarily apply to the disclosure of the content of those courses. This Section 4 covers the specific terms applicable to V-50DD subscribers.

4.1. V-50DD Course Structure and Tuition Schedule. V-50DD is a 19-session course presented in four modules with a “step sequence” subscription plan. The sequence is described in section 4.1.1. The tuition schedule is in section 4.1.2.

4.1.1. Structure of the Course. The structure of the four V-50DD modules is as follows:

• Module 1: Sessions 1–3 (7.4 hours)

• Module 2: Sessions 4–6 (7.9 hours)

• Module 3: Sessions 7–12, Workshop Session 1 (19.3 hours)

• Module 4: Sessions 13–16, Workshop Sessions 2 and 3 (15.4 hours)

Advancement from each module to the next requires payment of the next module’s tuition and completion of the applicable ongoing qualification requirements (see section 4.3).

4.1.2. Tuition Schedule. All subscribers pay the full tuition for Module 1. After Module 1, the tuition schedule includes discounted fees for graduate repeat enrollments (GRE) and additional family members (AFM) where one family member has paid the full tuition.

Full Tuition

GRE

AFM

Module 1:

$100.00

$100.00

$100.00

Module 2:

$100.00

$50.00

$50.00

Module 3:

$200.00

$100.00

$100.00

Module 4:

$200.00

$100.00

$100.00


4.2. Initial Qualification. The prerequisites for initial subscription to V-50DD are curiosity, rationality, intellectual honesty, acceptance of the FEI Online Course License Agreement, Subscription Agreement, and Software License Agreement ("the License Agreement"), completion of the V-50DD enrollment form, payment of the Module 1 tuition, and final approval of your enrollment by FEI.

Most new enrollments are approved by FEI; however, FEI reserves the right to reject any enrollments by subscriber candidates whom FEI deems unqualified for enrollment for any of the causes specified in section 6.2. Such candidates are disqualified from enrollment in any FEI course.

4.3. Ongoing Qualification. The course content is sequential; that is, your comprehension of the later content depends on your understanding of the earlier content. It is neither in your interest nor in FEI’s interest for any subscriber to misunderstand the course material. We presume that you wouldn’t be taking the course if you weren’t interested in understanding it. We can guarantee your satisfaction, but we can’t guarantee your comprehension.

To assist subscribers in ensuring their own understanding of the course material, FEI uses comprehension tests based on the course content. The purpose of the tests is to help subscribers measure their understanding, and thereby ensure that they are qualified to advance through the syllabus and curriculum. In that way subscribers can build their continuing comprehension of the course material on a more solid foundation.

All V-50DD subscribers must complete ongoing qualification to advance through the course, or to advance to subsequent courses with a V-50DD prerequisite. The ongoing qualification process for V-50DD requires that each subscriber complete a comprehension test in accordance with the following schedule:

• After Module 1, as qualification for advancement to Module 2

• After Module 2, as qualification for advancement to Module 3

• After Module 3, as qualification for advancement to Module 4

• After Module 4, as qualification for advancement to any other course with a V-50DD prerequisite

Each test must be completed within 15 days following completion of the last session in the preceding module before you can move on to the next module. For example, if you complete Module 1 (Session 3) on November 14, you must complete the corresponding test on or before the following November 29.

FEI will make the test questions available to subscribers at the beginning of each module via a download link in the V-50DD Course Completion Checklist. The tests will be the equivalent of an “open-book test”, wherein the purpose of the test questions is to check your understanding, not to determine whether you can memorize individual factoids that require no comprehension of their relevance to a larger context. We believe that your understanding of the course content and your recognition of the key concepts will be facilitated by knowing what to look for in advance.

As an additional aid in your comprehension of the course content, FEI may make various study guides available for the course modules. Your use of the study guides is optional; completing them is not a requirement for advancement through and beyond the course. Nevertheless, we advise any subscriber who is undertaking a serious study of the course content to take advantage of the study guides.

4.3.1. Processing of Comprehension Tests. Upon receipt of your comprehension test, FEI will endeavor to process each test as quickly as possible to facilitate your most rapid progression through the syllabus or curriculum. It is FEI’s intention to process all tests within 15 to 30 days after receiving them; however, the period required for processing will depend on the number of tests submitted and the available FEI staff resources. In general, we will process the tests in the order in which we receive them. 

4.3.2. Advancement Per Test Results. The FEI curriculum is designed as a self-directed course of study. We will not issue “grades” for the tests. If your test responses indicate a general understanding of the course material sufficient to qualify for advancement, we will simply notify you to that effect. No subscriber may advance without FEI’s explicit written notice of qualification.

4.3.3. Comprehension Test Answers.  Some comprehension test questions are simple queries that provide you with the opportunity to articulate your comprehension of the concepts in the course, in your own words. There aren't necessarily any "right" or "wrong" answers to such questions. Rather, they provide FEI with information about how to guide you toward a better understanding of the course content, either in a comprehensive support session (section 4.3.4), or in the post-course review session (section 4.3.5). 

Other questions are designed to query your comprehension of fundamental concepts upon which much of the remaining course content depends. If you don't understand those concepts, it's unlikely that you will understand or receive the maximum value from the remainder of the course, or from subsequent courses for which it is a prerequisite. As such, those questions do have right and wrong answers. But be of good cheer; the purpose of those questions is not to "flunk you" if you answer incorrectly. Because we have designed the questions to focus on general concepts, it is often the case that there are multiple ways to answer correctly. 

For that reason, FEI has prepared a version of each module's test that contains sample answers to the test questions that require concept-specific answers. FEI does not require perfect comprehension. Some subscribers have to see the whole puzzle before they can make sense out of the individual pieces and see how they fit together. The tests are designed as an indicator of your comprehension of fundamental principles. Unless your test responses indicate that a comprehensive support session (see section 4.3.4) would be beneficial, we will simply notify you that you have qualified for advancement per section 4.3.2 with a Notice of Qualification message that includes a download link for the test with sample answers. It will be your responsibility to check your own answers against the sample answers and ensure that you understand any differences in principle. 

If you have questions about your test answers, or the sample test answers, or any other questions about the course content, please keep a record of those questions. You will have an opportunity to discuss them with an FEI support associate in the post-course review session (see section 4.3.5). 

4.3.4. Comprehensive Support Session. In the event that your test responses indicate that your comprehension of fundamental principles as described in section 4.3.3 would benefit from additional clarification, FEI will notify you. You must contact FEI within 15 days following such notification to schedule a comprehensive support session to discuss the item(s) in question if you wish to qualify for advancement. The outcome of the support session will determine your qualification for advancement. FEI reserves the exclusive right to determine each subscriber’s qualification for advancement, and such determination shall be final and not subject to dispute by the subscriber. No subscriber may advance without FEI’s explicit written notice of qualification.

4.3.5. Post-Course Review Session. If you complete all modules of the course and submit a complete test for each module, your tuition includes a post-course review session. The purpose of the review session is to provide you with an opportunity to discuss any questions you have accumulated about the test questions for each course module, or the course content in general. It also provides both you and FEI with an opportunity to confirm your understanding of concepts addressed in test questions to which your answers indicated you might need additional clarification not provided by the tests with sample answers. 

Additionally, the conference provides both you and FEI with the opportunity to make the personal connection that is missing from the online course format, especially if you have not received comprehensive support up to that point. 

4.4. Discontinuation/Cancellation of Enrollment. You may elect to discontinue your enrollment within the 15-day period specified in section 4.3.4.  If you fail to contact FEI to schedule a comprehensive support session or to discontinue your enrollment within the required 15-day period specified in section 4.3.4, we will cancel your enrollment. You may still invoke the guarantee within the 30-day period specified under section 4.5. Please note that cancellation of your subscription by you or by FEI under any provision of this Agreement does not release you from the proprietary constraints with regard to FEI’s intellectual property as specified in sections 3.3 through 3.6.

4.5. V-50DD Guarantee. If, after hearing every session of any module of Course V-50DD in its entirety, you do not agree that the course content in that module was worth your tuition, FEI will refund your tuition for that module in full, subject to the conditions in paragraphs 4.5.a) through 4.5.e).

a) You must exercise the guarantee by notifying FEI in writing at support@fei-ajg.com within 30 days or one month of your completion of the last session in the most recently completed module.

b) If you fail to exercise the guarantee as specified in paragraph 4.5.a), the guarantee shall be null and void, and you unconditionally release FEI from all further claims by you in connection with your subscription.

c) Your payment of the tuition for any subsequent module constitutes a waiver of the guarantee for the previous module and your de facto agreement that the course content in the previous module was worth your tuition. In that case, you unconditionally release FEI from all claims by you in connection with your subscription to the previous module.

d) FEI’s payment of the tuition refund for any module automatically cancels your enrollment in the course and unconditionally releases FEI from all further claims by you in connection with your subscription.

e) Cancellation of your enrollment under paragraph 4.5.d) unconditionally releases FEI from any obligation to accept your enrollment in any other FEI course.

4.6. V-50DD Support. FEI will provide technical support for delivery of the course content to all V-50DD subscribers as specified in sections 3.9 and 3.10. Support for comprehension of the V-50DD course content is limited to the provisions specified in sections 4.3 through 4.3.5. It is FEI’s intention to provide additional support through the FEI website or through other means as the demand for such support evolves via interaction with V-50DD subscribers. Support for interpretation for application of the course content is available on an individual, case-by-case basis for a negotiable consultation fee; however, in most cases, there is not likely to be a need for application of the V-50DD course content. 

The reason why that is true is explained in V-50DD, but until subscribers reach that point in the course, the simplest explanation is that V-50DD provides only an overview of the problem and the solution, and does not contain enough information to enable subscribers to understand the problem or the solution in sufficient depth to make proper applications of the theory. The in-depth analysis of the problem is contained in Course V-111DD, and the in-depth description of the solution is contained in Course V-201DD. On that basis, any request for consultation services for application of the content of V-50DD is premature.

5. ADDITIONAL TERMS APPLICABLE TO COURSE V-201DD

(NOTE: If you are not subscribing to V-201DD, please go to Section 6.)

For reasons that are mentioned in V-50DD and covered in depth in V-201DD, certain contractual terms necessarily apply to the disclosure of the content of those courses. This Section 5 covers the specific terms applicable to V-201DD subscribers.

5.1. V-201DD Course Structure and Tuition Schedule. V-201DD is a 46-session course plus three workshop sessions, presented in three modules with a “step sequence” subscription plan. The sequence is described in section 5.1.1. The tuition schedule is in section 5.1.2.

5.1.1. Structure of the Course. The structure of the three V-201DD modules is as follows:

• Module 1: Sessions 1-16, Workshop Session 1 (~54 hours)

• Module 2: Sessions 17-33 (~50 hours)

• Module 3: Sessions 34-46, Workshop Sessions 2 and 3 (~39 hours)

Advancement from each module to the next requires payment of the next module’s tuition and completion of the applicable ongoing qualification requirements (see section 5.3).

5.1.2. Tuition Schedule. The tuition schedule includes discounted fees for graduate repeat enrollments (GRE) and additional family members (AFM) where one family member has a full subscription.

Full Tuition

GRE

AFM

Module 1:

$500.00

$310.00

$310.00

Module 2:

$500.00

$310.00

$310.00

Module 3:

$500.00

$310.00

$310.00


5.2. Initial Qualification. Prospective V-201DD subscribers must qualify for enrollment by fulfilling the following course prerequisites:

• Successful completion of V-50DD

• Successful completion of V-111DD 

In some cases the V-50DD or V-111DD prerequisites may be waived by FEI for individuals who have completed earlier versions (live or tape course presentations) of V-50, V-111, and V-201, and have consistently demonstrated by their behavior an ability to apply the principles of the theory to their interactions with others. 

However, in all cases, qualification for enrollment in V-201DD shall be dependent upon subscribers’ comprehension of the prerequisite course material, as determined solely and exclusively by FEI. Additionally, FEI reserves the right to reject any enrollments by subscriber candidates whom FEI deems unsuitable for enrollment for any of the causes specified in section 6.2. Such candidates are disqualified from enrollment in any FEI course. 

5.3. Ongoing Qualification. The ongoing qualification process for V-201DD is similar to V-50DD (see section 4.3) in its use of comprehension tests to assist subscribers in ensuring their understanding of the course material. The test for each module will be available to subscribers at the beginning of the module for your use as a guide in focusing your comprehension as you play the course. 

Each subscriber will complete three comprehension tests at the following points in the course:

• After Module 1, as qualification for advancement to Module 2

• After Module 2, as qualification for advancement to Module 3

• After Module 3, as qualification for advancement to any other course with a V-201DD prerequisite

Each test must be completed within 15 days following completion of the last session in the preceding module before you can move on to the next module. For example, if you complete Module 1 (Workshop Session 1) on July 14, you must complete the corresponding test on or before the following July 29.

5.3.1. Processing of Comprehension Tests. Upon receipt of your comprehension test, FEI will endeavor to process each test as quickly as possible to facilitate your most rapid progression through the syllabus or curriculum. It is FEI’s intention to process all tests within 15 to 30 days after receiving them; however, the period required for processing will depend on the number of tests submitted and the available FEI staff resources. In general, we will process the tests in the order in which we receive them.

5.3.2. Advancement Per Test Results. The FEI curriculum is designed as a self-directed course of study. We will not issue “grades” for the tests. If your test responses indicate a general understanding of the course material sufficient to qualify for advancement, we will simply notify you to that effect. No subscriber may advance without FEI’s explicit written notice of qualification.

5.3.3. Comprehension Test Answers.  Some comprehension test questions are simple queries that provide you with the opportunity to articulate your comprehension of the concepts in the course, in your own words. There aren't necessarily any "right" or "wrong" answers to such questions. Rather, they provide FEI with information about how to guide you toward a better understanding of the course content, either in a comprehensive support session (section 5.3.4), or in the post-course review session (section 5.3.5). 

Other questions are designed to query your comprehension of fundamental concepts upon which much of the remaining course content depends. If you don't understand those concepts, it's unlikely that you will understand or receive the maximum value from the remainder of the course, or from subsequent courses for which it is a prerequisite. As such, those questions do have right and wrong answers. But be of good cheer; the purpose of those questions is not to "flunk you" if you answer incorrectly. Because we have designed the questions to focus on general concepts, it is often the case that there are multiple ways to answer correctly. 

For that reason, FEI has prepared a version of each module's test that contains sample answers to the test questions that require concept-specific answers. FEI does not require perfect comprehension. Some subscribers have to see the whole puzzle before they can make sense out of the individual pieces, and see how they fit together. The tests are designed as an indicator of your comprehension of fundamental principles. Unless your test responses indicate that a comprehensive support session (see section 5.3.4) would be beneficial, we will simply notify you that have qualified for advancement per section 5.3.2 with a Notice of Qualification message that includes a download link for the test with sample answers. It will be your responsibility to check your own answers against the sample answers and ensure that you understand any differences in principle. 

If you have questions about your test answers, or the sample test answers, or any other questions about the course content, please keep a record of those questions. You will have an opportunity to discuss them with an FEI support associate in the post-course review session (see section 5.3.5). 

5.3.4. Comprehensive Support Session. In the event that your test responses indicate unsatisfactory comprehension of fundamental principles as described in section 5.3.3, FEI will notify you. You must contact FEI within 30 days following such notification to schedule a comprehensive support session to discuss the item(s) in question if you wish to qualify for advancement. The outcome of the support session will determine your qualification for advancement. FEI reserves the exclusive right to determine each subscriber’s qualification for advancement, and such determination shall be final and not subject to dispute by the subscriber. No subscriber may advance without FEI’s explicit written notice of qualification.

5.3.5. Post-Course Review Session. If you complete all modules of the course and submit a complete test for each module, your tuition includes a post-course review session. The purpose of the review session is to provide you with an opportunity to discuss any questions you have accumulated about the test questions for each course module, or the course content in general. It also provides both you and FEI with an opportunity to confirm your understanding of concepts addressed in test questions to which your answers indicated you might need additional clarification not provided by the tests with sample answers. 

Additionally, the conference provides both you and FEI with the opportunity to make the personal connection that is missing from the online course format, especially if you have not received comprehensive support up to that point.

5.4. Discontinuation/Cancellation of Enrollment. You may elect to discontinue your enrollment within the 30-day period specified in section 5.3.4, in which case that same 30-day period shall constitute the 30-day period in which to invoke the guarantee, as specified under section 5.5.  If you fail to contact FEI to schedule a comprehensive support session or to discontinue your enrollment within the required 30-day period specified in section 5.3.4, we will cancel your enrollment. You may still invoke the guarantee within that same 30-day period, as specified under section 5.5. Please note that cancellation of your subscription by you or by FEI under any provision of this Agreement does not release you from the proprietary constraints with regard to FEI’s intellectual property as specified in sections 3.3 through 3.6. 

5.5. V-201DD Guarantee. If, after hearing every session of any module of Course V-50DD in its entirety, you do not agree that the course content in that module was worth your tuition, FEI will refund your tuition for that module in full, subject to the conditions in sections 5.5.a) through 5.5.e).

a) You must exercise the guarantee by notifying FEI in writing at support@fei-ajg.com within 30 days of your completion of the last session in the most recently completed module, or within any of the 30-day periods specified in sections 5.3.1, 5.3.4, or 5.4 if you choose to exercise the guarantee during the test remediation process specified in those sections.

b) If you fail to exercise the guarantee as specified in section 5.5.a), the guarantee shall be null and void, and you unconditionally release FEI from all further claims by you in connection with your subscription.

c) Your payment of the tuition for any subsequent module constitutes a waiver of the guarantee for the previous module and your de facto agreement that the course content in the previous module was worth your tuition. In that case, you unconditionally release FEI from all claims by you in connection with your subscription to the previous module.

d) FEI’s payment of the tuition refund for any module automatically cancels your enrollment in the course and unconditionally releases FEI from all further claims by you in connection with your subscription.

e) Cancellation of your enrollment under paragraph 5.5.d) unconditionally releases FEI from any obligation to accept your enrollment in any other FEI course.

5.6. V-201DD Support. FEI will provide technical support for delivery of the course content to all V-201DD subscribers as specified in sections 3.9 and 3.10. Support for comprehension of the course content is limited to the provisions specified in sections 5.3 through 5.3.5. It is FEI’s intention to provide additional support through the FEI website or through other means as the demand for such support evolves via interaction with V-201DD subscribers. Support for interpretation and application of the course content is available on an individual, case-by-case basis for a negotiable consultation fee.

5.7. V-201DD Proprietary Notice. In addition to the proprietary terms specified in sections 3.4 through 3.6, Course V-201DD carries its own “proprietary notice” terms, which are covered in Module 1, Session 3A of the course, and are included here for reference as follows:

“A number of new and revolutionary concepts of business corporation structures, operational procedures, accounting procedures, and new types of business with entirely new purposes are disclosed in course V-201.

“It is understood that these are being disclosed to the enrolled members of the class for the express purpose of encouraging the practical utilization of these ideas as soon as possible.

“However, because these new concepts represent proprietary innovations of the author of the course, they are subject to negotiated usage* by satisfactory graduates of the course.”

*NOTE: The term “negotiated usage” refers to the requirement for NRD licensed usage as specified in section 3.6. The term “satisfactory graduates” means those who, in the sole opinion of FEI, are qualified to contract for usage.

6. TERM AND TERMINATION.

6.1. Term.  This Agreement and the License granted under this Agreement become effective when you agree to this Agreement by clicking on the “I AGREE” button below, or on the “I AGREE” option when it is presented by the FEI Player application.  Unless sooner terminated as set forth in Section 6.2 below, the Agreement shall continue in effect throughout the period of your paid subscription, except as stipulated in paragraphs 6.1.1 through 6.1.3.

6.1.1. Term of Software and Content Use Provisions. The provisions that pertain to your use of the software and content and the associated copyright, ownership and licensure rights, as specified in sections 3.1 through 3.6, shall apply as an irrevocable condition, irrespective of the term, termination, or cancellation of your subscription.

6.1.2. Term of Guarantee.  The term of this Agreement specified in section 6.1 shall not include any guarantee period specified or referenced in section 3.13.

6.1.3. Extension by Agreement.  The term of this Agreement may be extended by FEI under certain circumstances that FEI may specify at its sole option, provided such extension shall work to the mutual benefit of FEI and subscriber.

6.2. Termination for Cause.  This software License will terminate automatically if you fail to comply with any of the terms of this Agreement, including but not limited to, payment of any amounts due under this Agreement. Additional terms governing FEI’s termination of your course subscription for cause are specified in sections 6.2.1 and 6.2.2.

6.2.1.FEI reserves the right to terminate the subscription of any subscriber or reject the enrollment of any prospective subscriber (where applicable) for any of the following causes:

a) Violation of any of the provisions in sections 3.4, 3.5.3, or 3.6, or violation of any of the proprietary rights of FEI specified, covered, referenced, or implied in those sections

b) Violation of any of the other terms of this Agreement

c) Any action by subscriber that FEI, in its sole judgment, deems to be hostile, antagonistic, provocative, uncooperative, slanderous, libelous, defamatory, or that interferes with property

d) Any case wherein subscriber knowingly or unknowingly makes false statements (especially about FEI or AJGNET) in public or in private, violates any law, breaches any uncoerced agreement, or exceeds the authority or rights of subscriber as defined by this Agreement

e) Any action by subscriber that imposes demands upon FEI for correspondence or communication with subscriber in matters not related to the delivery of an online course or the administration of subscriber’s online course subscription; such demands include but are not limited to correspondence or communication with subscriber regarding changes in the course content, format, or configuration.

f) Any direct, indirect, or implied threat against FEI or any of its staff or other subscribers, as interpreted solely by FEI

g) Any case wherein subscriber has purchased, promoted, or otherwise provided market support for any unauthorized disclosure of AJG’s ideas, whether printed, oral, electronic, audio-visual, or by any other means of publication or disclosure without the explicit authorization of FEI or AJGNET 

h) Any actions by subscriber that constitute violations of any of the principles contained in any portion of any version of Courses V-50 or V-201 or their predecessor courses that FEI or AJG has disclosed to subscriber, irrespective of the method, format, or time of disclosure

NOTE: The principles referenced in paragraph 6.2.1.h are fundamental statements of the same principles that underlie the proprietary terms already stated in this Agreement. However, FEI does not expect any subscriber to agree to comply with principles he/she has not yet heard. Therefore, paragraph 6.2.1.h) applies specifically to actions by subscribers who have received disclosure of those principles.

6.2.2.In the event of termination for cause: 

a) FEI will refund any pro-rata portion of the tuition paid for sessions of the course not yet played in whole or in part by subscriber.

b) Subscriber will forfeit any right to invoke any applicable guarantee for sessions already heard by subscriber.

c) FEI’s payment of the refund shall constitute a full release of FEI from all claims by subscriber under this Agreement, independent of the concurrence of subscriber at the time of termination.

d) Termination for cause by FEI under any provision of this Agreement does not release subscriber from the proprietary constraints with regard to FEI’s intellectual property as specified in sections 3.3 through 3.6.

6.3. Rights on Termination.  Licensor has and reserves all rights and remedies that it has by operation of law or otherwise to enjoin the unlawful or unauthorized use of the Software, including the withholding of access codes necessary to operate the Software upon termination of this Agreement.  On termination, you must cease using the Software, and promptly destroy all copies in your possession.

7. WARRANTIES, DISCLAIMER, AND LIMITATIONS.

7.1. Warranty.  Licensor warrants that it is the owner of the Software or has the right to grant the license described in this Agreement without violating the rights of any third party.  Any media delivered in connection with this Agreement containing the Software shall be free from defects for a period of thirty (30) days from the date of the purchase of the Software, provided that this warranty does not cover defects in such media due to user’s misuse, or an accident subsequent to delivery.

7.2. Disclaimer.  THE SOFTWARE IS PROVIDED AND LICENSED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION: (a) ANY WARRANTY THAT THE SOFTWARE IS ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION, OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (b) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY; (c) ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; AND (d) ANY AND ALL WARRANTIES OF NONINFRINGEMENT.  YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.  SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK OR COST ASSOCIATED WITH SUCH DEFECT AND ANY SERVICE AND REPAIR.

7.3. Limitation of Liability.  TO THE MAXIMUM EXTENT ALLOWED BY LAW, LICENSOR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS, REVENUE, DATA, OR USE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF LICENSOR OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  LICENSOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO LICENSOR UNDER THIS AGREEMENT.

8. EXPORT CONTROLS AND RESTRICTED RIGHTS.

8.1. Export Controls.  None of the Software or underlying information or technology may be downloaded, exported or re-exported into any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By entering into this Agreement (by clicking the “I AGREE” option below), you are agreeing to the foregoing and you are representing and warranting that you are not a national or resident of, or located in or under the control of, any country subject to such export controls. 

8.2. Restricted Rights.  The Software is provided with Restricted Rights.  Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1) of the Commercial Computer Software – Restricted Rights clause at FAR 52.227-19, subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraph (d) of the Commercial Computer Software – Licensing at NASA FAR supplement 16-52.227-86, or their equivalent, as applicable.

9. DISPUTES. All disputes under this Agreement shall be subject to resolution via binding arbitration pursuant to the rules of the American Arbitration Association. 

10. MISCELLANEOUS.  

10.1. Complete Agreement. This agreement represents the complete agreement between the parties concerning the Software and this License, and supersedes any and all prior agreements or representations.  

10.2. Amendments. This Agreement may be amended by FEI at its sole discretion without consulting you; however, you shall not be bound by any proposed amendments unless you agree to the amended Agreement in full. If you do not agree, you must notify FEI in writing before you login to your user account and play any portion of any session of any course in which you are enrolled under the amended Agreement. In that case, FEI will cancel your subscription and refund a pro-rata portion of the tuition for any sessions you have not played in whole or in part for any course(s) in which you are enrolled. FEI’s payment of the refund unconditionally releases FEI from all further claims by you in connection with your subscription.

10.3. Acceptance. If you already have paid your tuition before accepting this Agreement and before playing any session of any course and if, after reading this Agreement you do not accept it, then FEI will cancel your enrollment and refund your tuition in full.

10.4. Enforceability. As taught in Courses V-50 and V-201, “contract enforcement” is an oxymoronic term in rational and moral systems of volitional interaction; however, the state imposes its own jurisdictional imperatives that private contracts have only limited ability to supersede. Therefore, the Agreement must accommodate certain state requirements as to its “enforceability”. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.  This Agreement shall be governed by and construed under California law as if this agreement had been entered into between California residents and fully performed within California.

10.5. Transfer of Rights and Obligations. You may not assign, sublicense, or transfer your rights or delegate your obligations under this Agreement without Licensor’s and FEI’s prior written consent.  This Agreement shall be binding upon the successors and assigns of the parties to this Agreement.  Nothing in this Agreement shall be deemed to create an employer-employee, principal-agent, partnership, or joint venture relationship.  Neither party shall have the authority to enter into any contracts on behalf of the other party.  In the event of any dispute between the parties arising out of this Agreement, the prevailing party shall be entitled, in addition to any other rights and remedies it may have, to recover its reasonable attorney’s fees and costs.

11. AGREEMENT.  By clicking on the “I AGREE” option below, you agree to the above terms.


agree button

 
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