The moment you start making use of the LMS Collection Tool you are required to accept the license agreement that is part of the tool. If you don’t accept it, the tool won’t work. But what does this agreement actually say? Let’s have a closer look by analyzing the most important and relevant sections of the agreement.
By making use of the LMS Collection Tool, you are required to accept the included license agreement which is legally binding between yourself and Oracle America Inc.
The agreement is governed by the substantive and procedural laws of the State of California, USA. In case of any disputes, you need to submit your complaints to the courts of either the San Francisco or Santa Clara counties in California.
You receive the right to make use of the LMS Collection Tool for the limited purpose of measuring, monitoring and/or managing your usage of the programs. You may allow your agents and contractors (including outsourcers) to use the LMS Collection Tool for this purpose. You may not use the LMS Collection Tool for your own internal data processing or for any commercial or production purposes or for any other purpose.
Oracle does not guarantee that the LMS Collection Tool will perform error-free or uninterrupted. To the extent not prohibited by law, the LMS Collection Tool is provided “as-is” without warranty of any kind.
Oracle’s technical support organization will not provide you with technical support during the installation, configuration and/or use of the LMS Collection Tool.
Limitation of Liabilities
In no event shall Oracle be liable for any indirect, incidental, special punitive or consequential damages or any loss of profits, revenue, data or data use incurred by you or any third party. Oracle’s entire liability for damages arising out of or related to this agreement, whether in contract or tort or otherwise, shall in no event exceed greater than $1,000 or the license fees that you have paid to Oracle for programs pursuant to an Oracle license agreement.
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