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Terms of Business for the Use of e-Products
Please read these Terms carefully before continuing, as continuing will indicate your consent to the Terms. If you do not agree to these Terms, you will not be licensed to download the electronic product and you should not continue with download of the electronic product.
1. e-Products Terms
These Terms relate to provision of The Myers-Briggs Company materials supplied in electronic form and not in tangible form (“e-Products”) and include the provision of e-books and certain webinars. The Terms of Business for the Purchase of Product continue to apply in addition to these Terms, save in respect of any provisions relating to e-Products in such Terms of Business for Purchase of Product which shall be superseded by these Terms.2. Supply of e-Products
2.1 At the time of supply of e-Products, details of any technical functionality requirements and instructions for use will be provided. In addition however, details of such are also provided within the description of the applicable e-Product on The Myers-Briggs Company’s website. These should be reviewed prior to purchase to ensure that your computer or other equipment meets the technical requirements for provision of applicable e-Product.
2.2 e-Products shall be provided to you in downloadable form, upon receipt of payment, by provision of a single copy of the e-Product for download to your installed reader, to be saved on your computer. Use is restricted to the single user and is for personal use only.
3. Grant of Limited License for e-Products
3.1 The Myers-Briggs Company grants you a non-exclusive, non-transferable, non-sublicensable right and license to view, use and display the content, text, images, graphics, and other material included in the PDF and/or PowerPoint files enclosed in the e-Product solely for your personal, non-commercial use; provided, however, that e-Products that are sold as activities or presentations and are denoted for use in training classes (such e-Products are hereinafter referred to as “Activities”) may be used by you in training classes or related presentations. Unless otherwise specified, e-Products are licensed, not sold, to you by The Myers-Briggs Company. Any rights not expressly granted by The Myers-Briggs Company to you are reserved by The Myers-Briggs Company, and all implied licenses are disclaimed.
3.2 Certain e-Products, where noted, shall have a duration of use of twelve (12) months from the date of purchase, subsequent to which such e-Products shall expire and are non-refundable.
4.Ownership
4.1 The e-Products include text, images, graphics and proprietary technology of The Myers-Briggs Company and/or its licensors, and are protected under U.S. copyright law and international copyright laws. As between The Myers-Briggs Company and you, The Myers-Briggs Company retains all ownership and intellectual property rights in and to the e-Products. Except for the limited rights granted to you by this Agreement, you have no ownership or other intellectual property rights in the e-Products. You may not remove any proprietary notices of The Myers-Briggs Company or any of its licensors from any copy of the e-Products. Any use (not specifically licensed to you under this Agreement) of the e-Products by you or any other entity is strictly forbidden and is a violation of this Agreement.
4.2 All suggestions, enhancements requests, feedback, recommendations or other input provided by you or any other party relating to the e-Products or The Myers-Briggs Company’s website shall be owned by The Myers-Briggs Company, and you hereby agree to make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership.
4.3 Strong Interest Inventory®, FIRO®, FIRO-B®, Fundamental Interpersonal Relations Orientation Behavior™, FIRO Business®, the FIRO Business logo, TKI®, the TKI® logo, the CPI 260™ logo, CPI™, California Psychological Inventory™, CPI 260®, SkillsOne™, the Strong® logo, and the FIRO-B® logo are trade marks or registered trade marks of The Myers-Briggs Company, The Myers-Briggs Company Limited or their licensors in the UK, the United States and other countries. MBTI, Myers-Briggs Type Indicator, Myers-Briggs, the MBTI logo and The Myers-Briggs Company logo are trade marks or registered trade marks of The Myers & Briggs Foundation in the United States and other countries. These trade marks may not be used in any manner without the prior written consent of The Myers-Briggs Company.
5. Restrictions
Unless specifically indicated otherwise: You may not publish, display, broadcast, disclose, sell, rent, lease, modify, loan, distribute, provide third party access to, or create derivative works of the e-Products, or any part thereof. You may not assign, sublicense, convey or otherwise transfer, pledge as security, or otherwise encumber the rights and licenses granted under this Agreement, with respect to the e-Products. You may not copy, reverse engineer, decompile, reverse compile, translate, adapt, disassemble the e-Products, or any part thereof, or attempt to remove the digital rights management (DRM) controls of the e-Products nor shall you attempt to create the source code, if any, from the object code (if any) for the e-Products. You may not market, co-brand, private label or otherwise permit third parties to access the e-Products, or any part thereof. In addition, you may not cause, assist or permit any third party to do any of the foregoing. The foregoing notwithstanding, the grant of the license to use the Activities, if any, includes the right to display and/or project the Activities in connection with a training class or related presentation and you may provide copies of such Activities to the participants in the class for their personal use during the course of the training.6. No Updates to e-Products
You acknowledge and agree that The Myers-Briggs Company may revise, update or release new editions of the e-Products without notice and that The Myers-Briggs Company will have no obligation to provide you with any updated or revised version of the e-Products that you previously purchased. If you would like to use the most current version of a previously purchased e-Product you must purchase the new version at the then-prevailing price. Without limiting the foregoing, The Myers-Briggs Company will have no obligation to provide you with an updated version of the e-Products even if you are participating on a course in which other participants are using the updated version of the e-Product.7. Refunds
e-Products are provided in immediately available form and are therefore non-refundable and non-transferable, in accordance with or as otherwise stated in, The Consumer Rights Act 2015 (“the Act”). The Act does not apply to any e-Products in respect of minimum cancellation period for distance selling contracts (also referred to as “cooling off” periods).8. No Warranties; Limitation of Liability
8.1 The e-Products provided under these Terms are being provided on a strictly "as is" basis, and The Myers-Briggs Company hereby disclaims any and all warranties, express or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose, accuracy and non-infringement.
8.2 Except as excluded by law, in no event will The Myers-Briggs Company be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of, or inability to use, the e-Products, or for any claim by any other party, even if The Myers-Briggs Company has been advised of the possibility of such damages. In no event will the cumulative maximum liability of The Myers-Briggs Company, its affiliates, and third-party suppliers, including their officers, directors, employees, subcontractors, agents, successors or assigns, for any type of damages exceed the lesser of the amount paid for the e-Product or £100.
9. Compliance with Other Laws
You will comply with all domestic and foreign laws, rules, regulations and orders applicable to the e-Product. You agree to obtain any required government approval prior to export and use of the e-Product, or any documentation, technical data or information concerning the e-Product, and prior to the export and use of any direct product of such documentation, data or information.10. Indemnification
You agree to indemnify, defend, and hold harmless The Myers-Briggs Company and its officers, directors, employees, subcontractors, agents, successors or assigns from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the e-Product, your breach of this Agreement, or your infringement of any intellectual property or other right of any third party.11. Data Protection and Privacy
The Myers-Briggs Company is committed to protecting and respecting users’ privacy and to acting in compliance with GDPR (the General Data Protection Regulation (EU) 2016/ 679) and any applicable enacting, successor or amending legislation. You should read our Data Protection Statement and our Privacy Policy as they will help you understand how we collect, use, store and otherwise process your personal data and other information.12. General
These Terms shall be governed by, and construed in accordance with, the laws of England Wales, without regard to principles of conflicts of law. The exclusive forum for any action arising hereunder is the courts of England. These Terms shall constitute the entire agreement between you and The Myers-Briggs Company with respect to the matters covered by these Terms. These Terms, the rights granted hereunder, and the e-Product shall not be assigned by you without the prior written consent of The Myers-Briggs Company. Any waiver or modification of these Terms shall only be effective if it is in writing and signed by both you and The Myers-Briggs Company. If any part of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall be interpreted so as to reasonably affect the intention of the parties. The Myers-Briggs Company may amend any of these Terms in our sole discretion by posting the revised terms on the themyersbriggs.com website. Your continued use of the e-Products after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
These Terms were revised in October 2020.
The Myers-Briggs Company Limited
Registered in England and Wales
Company Number 2218212