Term Conditions

THIS IS A LEGAL AGREEMENT. CYBER BALLET LLC (“Cyber Ballet”) IS WILLING TO LICENSE THE CONTENTS OF THE CYBER BALLET PRODUCT TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT").

1. The Cyber Ballet Product includes Cyber Ballet software platform/application and related documentation (the "Software") and certain Cyber Ballet or partner publisher content (the "Licensed Content"). It may also contain and links to other references available via the Internet, which, if accessed by you, will be deemed to be part of the Licensed Content. Collectively, the Software and the Licensed Content are referred to as the “Cyber Ballet Product”.
2. Subject to the following terms and conditions, Cyber Ballet grants to you a nonexclusive, nontransferable limited license to access and use the Cyber Ballet Product.
3. You may not transfer the Software or your account to another entity or person. You may not modify, translate, reverse assemble, or reverse engineer in whole or in part the Software. You shall not rent, sell, time-share, lease, sublicense, transfer, copy, disclose, display or otherwise make available, or transfer the rights to, the Software or copies thereof to others, except as provided herein. You shall not tamper with, bypass, or alter any security, time out, or deactivation features of the Software. Any breach of the above terms and conditions shall immediately terminate your license under this Agreement.
4. Other than as enabled by the Software, you may not:
5. Distribute any part of the Cyber Ballet Product via group-wide email, newsgroups, file or discussion areas, web pages, or otherwise;
6. Erase, delete or modify any Cyber Ballet proprietary notices included on the Cyber Ballet Product; or
7. Deliberately interfere with or circumvent the normal operation of the Cyber Ballet Product.
8. You may not make derivative works of the Cyber Ballet Product or any part thereof. For the purposes of this Agreement, inserting personal notes, annotations into or on the Licensed Content or "fair use" of portions of the Licensed Content, shall not be considered a derivative work of the Licensed Content. You agree that if you infringe Cyber Ballet’s or its licensors’ intellectual property rights or exceed the scope of permitted use of this license, Cyber Ballet will be irreparably injured and may obtain a court order to enjoin you from further use of the Cyber Ballet Product.
9. This license is not a sale. Title, ownership rights, and intellectual property rights in and to the Cyber Ballet Product shall remain in Cyber Ballet or its licensors. You agree to abide by the copyright laws and all other applicable laws of the United States. You may not remove or alter any trademark, logo, copyright notice, or other proprietary notice, legend, or symbol included in the Licensed Content. You acknowledge that the Software in source code form remains a confidential trade secret of Cyber Ballet. Failure to comply with the above restrictions will result in automatic termination of this Agreement and will make available to Cyber Ballet and its licensors other legal remedies. You may not disclose any of Cyber Ballet’s proprietary or trade secret information relating to the Cyber Ballet Product to any third party. You agree to secure and protect the Cyber Ballet Product in a manner consistent with the maintenance of Cyber Ballet's and its licensors’ rights therein.
10. This Agreement and the rights and licenses granted hereunder have a term that commences when you first use the Cyber Ballet Product on a computer. The license granted under Section 2 with respect to the Cyber Ballet Product is time-limited. This license does not grant any rights with respect to any content you may place on the Cyber Ballet Product, which rights are governed by agreements with the content copyright holders. This license also entitles you to any and all publicly released bug fixes or enhancements to the Cyber Ballet product for a period of 90 days after the commencement of the term. Bug fixes and enhancements may be provided after that time subject to a cost schedule, or other agreements between Cyber Ballet and you or the academic institution or other entity through which you are licensing the Cyber Ballet product. YOU ACKNOWLEDGE AND AGREE THAT THIS CYBER BALLET PRODUCT MAY BE PROGRAMMED TO BECOME INOPERABLE AND SOFTWARE MAY BECOME INACCESSIBLE AT A PREDETERMINED POINT IN TIME-BASED UPON THE AGREEMENT OR AGREEMENTS BETWEEN CYBER BALLET AND YOU OR THE ACADEMIC INSTITUTION OR OTHER ENTITY THROUGH WHICH YOU ARE LICENSING THE CYBER BALLET PRODUCT.
11. Cyber Ballet warrants that the Cyber Ballet software is free from defects for a period of seven (7) days after purchase (the "Warranty Period"). Your exclusive remedy for breach of this limited warranty and Cyber Ballet’s entire liability shall be, in Cyber Ballet’s discretion, to either return the price paid by you for the Cyber Ballet Product or fix or replace the Cyber Ballet Product. Cyber Ballet shall have no responsibility to you under this Section 8 with respect to:
12. any use of the Cyber Ballet Product in a manner not authorized by this Agreement; or
13. abuse or modification of the Cyber Ballet Product by you.
14. Neither Cyber Ballet nor any of its licensors make any warranty, expressed or implied, with respect to the accuracy or completeness of the Licensed Content and any warranty as to the capability of the Software and all liability with respect thereto is expressly disclaimed. THE CYBER BALLET PRODUCT IS FURNISHED TO YOU ON AN "AS IS" AS-AVAILABLE BASIS. ALL WARRANTIES OF ANY TYPE NOT EXPRESSLY STATED IN THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED BY CYBER BALLET AND ITS LICENSORS. NO PRESENTATION OR DEMONSTRATION SHALL CONSTITUTE A WARRANTY OF THE CYBER BALLET PRODUCT UNLESS EXPRESSLY INCORPORATED IN THIS AGREEMENT.
15. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CYBER BALLET OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, INABILITY TO STUDY, TEACH OR LEARN, LOST INFORMATION OR OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE CYBER BALLET PRODUCT. IN ALL EVENTS, YOUR SOLE REMEDY AND CYBER BALLET’S (TOGETHER WITH ITS LICENSORS’) SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IN THE AGGREGATE IS THE REFUND OF THE PURCHASE PRICE PAID FOR THE CYBER BALLET PRODUCT.
16. The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Product with only those rights set forth herein. Custodian is Cyber Ballet LLC, 2093 PHILADELPHIA PIKE #2594, CLAYMONT, DE 19703, USA.
17. You may terminate the license granted in Section 2 of this Agreement at any time by requesting to remove the Cyber Ballet Product and/or request the removal of your accounts and all Cyber Ballet Products. Cyber Ballet may terminate this Agreement immediately and without notice, if you fail to comply with any term or condition of this Agreement. In the event of termination of this Agreement,
18. all the sections of this Agreement will survive except for Section 2 and
19. you agree not to access/use Cyber Ballet Product and return to Cyber Ballet any hard copies of the Cyber Ballet Product or any components thereof.
20. You agree to comply with all export laws and restrictions and regulations of the United States or foreign countries, agencies or authorities, and not to export or re-export the Cyber Ballet Product in violation of any such restrictions, laws or regulations, or without all necessary approvals.
21. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without reference to conflicts of laws provisions or the 1980 U.N. Convention on Contracts for the International Sale of Goods and, as to matters affecting copyrights, trademarks, and patents, by U.S. federal law. Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules as at present in force. There shall be one (1) arbitrator appointed by the American Arbitration Association of New York City, NY, United States of America (USA). The arbitration shall be conducted in the English language, and the arbitrator shall apply the law of the State of Delaware in the USA, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the Delaware state courts located in New Castle County, Delaware, or the United States District Court in Wilmington, Delaware, USA. In such event, the parties to this Agreement each consent to the "in personam" jurisdiction and venue of such courts. The parties agree that service of process upon them in any such action may be made if delivered in person, by courier service, by facsimile, or by first-class mail, and shall be deemed effectively given upon receipt.
22. This Agreement is subject to the terms and conditions of all agreement(s) relating to the Cyber Ballet Product between Cyber Ballet and the academic institution or other entity through which you received the Cyber Ballet Product. In case of any conflict between this Agreement and such agreement(s), the terms most favorable to you shall apply. Subject to the foregoing, this Agreement sets forth the entire agreement between you and Cyber Ballet (including its licensors’) pertaining to the licensing of the Cyber Ballet Product and supersedes any and all written or oral agreements previously existing between the parties with respect to such subject matter. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. In the event of any conflict between any provision of this Agreement and any applicable law, the provision or provisions of this Agreement affected shall be modified to remove such conflict and permit compliance with such law and as so modified this Agreement shall continue in full force and effect. This Agreement may not be transferred or assigned in any manner, including assignment by operation of law or change of control, without the consent of Cyber Ballet. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

Should you have any questions concerning this Agreement, write to us at [email protected]

Cyber Ballet LLC, 2093 PHILADELPHIA PIKE #2594, CLAYMONT, DE 19703, USA.