DST, ON Q, COURSE USER LICENSE
DST, Inc., dba On Q Safety (“On Q”), provides the user (“User”) upon receiving the agreed payment with a limited use license to use On Q’s courses paid for (EVOC 101, Fleet Driver and/or Street Smarts) in the manner intended and according to these terms and conditions to educate drivers individually (“License”). By accessing and utilizing any On Q course, User agrees to the following terms and conditions:
- Usage License. User may use the courses licensed in the manner intended. User may not use, reproduce, sublicense or distribute the courses other than as expressly permitted.
- Effective Date and Term. The Effective Date of this License will be the date User makes payment to On Q. The License term will be for no longer than one year subject to annual renewal unless cancelled by either party in writing before the start of the next term.
- Disclaimer of Warranty. The information used by On Q in preparing the training lessons has been obtained from sources believed to be reliable and current, including the US Government and applicable federal and state regulations. Every effort has been made to produce the finest and most reliable fleet vehicle operator lessons available; however, On Q cannot guarantee the adequacy, completeness, or appropriateness of the courses and is not responsible for any omissions or inaccuracies obtained from our sources or those caused by human error. On Q makes no warranties, including any implied warranties of fitness for a particular purpose, regarding the program or its use and operation for training, testing, screening, or other purposes.
- Limitation of Liability. In no event will On Q be liable to User or any User or any third parties for any foreseeable or not foreseeable damages such as special, incidental, or consequential damages, arising from the use, sale, or distribution of, or training delivered or not delivered through, the courses. On Q’s aggregate liability to any User for any claims, losses, expenses, or damages arising out of or in any way related to this License from any cause will not exceed the total amount paid to On Q by or for and on behalf of any single individual using such training.
General Terms. This License is governed by the laws of the State of Utah. In the event of any dispute regarding this License or enforcement of any of its terms, the parties consent to the exclusive jurisdiction and venue of a court of competent jurisdiction in Salt Lake County, Utah. The parties further agree that in the event of any litigation regarding this License, the prevailing party will be entitled to recover from the other party its reasonable attorneys’ fees and costs incurred in connection with such litigation.