Thank you for your order!
We appreciate your business and want to help you get started using the 5-Step Simulations™ included in your Situations, Scenarios & Simulations product. This page explains how to unlock your files, and the details of your license.
What is on the CD-ROM
Situations, Scenarios & Simulations (3S) contains Microsoft Word files for each of the 24 training simulations or mini-sims. It also contains read-only Adobe Acrobat (.pdf) documents of the Trainer Guide, scenario list, license agreement, and instructions for using LearningSim's 5-Step Simulation™ model to edit and create new simulations. Each of the 24 training simulation files is fully editable by licensed users.
Why do I need a Password?
Read your Individual User License Agreement carefully. This product is licensed, not sold, and you will need to read and agree to the terms of the license in order to open and use the 3S content. The 3S files are encrypted and require an 8-digit password to open. The password protection is only intended to provide a way for us to make sure that our customers understand and are willing to follow the terms of the license agreement. Please feel free to remove the encryption and password protection from the files with your word processing application after you open them for the first time! We thank you for your patience and understanding as we work to protect our intellectual property at the same time that we make it available to you as an editable, customizable training resource.
Get the Password - Read and Accept the License
At the bottom of this page is a license confirmation link that will allow you to obtain the 8-digit password for your product. By using this code, you are accepting the terms of the license agreement! Just open the files normally with your Microsoft Word-compatible word processing application and enter the password. You may then view, edit, print, modify, or save the files on your own computer, according to your needs and the terms of the license agreement.
(See also the Getting Started page here on the LearningSim site)
Important Tip - Unlocking your Files for Convenience
You can use the "Encryption" feature of your MS-Word-compatible word processing application to remove the password protection after opening the file for the first time. We recommend that you go to the menu where password is applied (in MS Word 2007, this is the upper left corner Program Menu-Prepare Document-Encrypt), blank out the password in the space provided for a password, and do a "Save As" with a different file name. This keeps the original CD-ROM copy intact on the disc as a backup, while allowing you to save the files to your computer as more convenient working copies.
Procedure (for MS-Word 2007):
1. Open the document.
2. Enter the password.
3. View the document.
4. Click the Office button in the upper left.
5. Select the Prepare menu and Encrypt Document.
6. Erase the password by deleting the characters in the dialog window, and click OK.
7. Use the "Save As" function to save the document to your hard drive or other storage media.
A Quick Summary of your Individual User License
Situations, Scenarios & Simulations Individual User License
Purchase of a Situations, Scenarios & Simulations (3S) Individual User license grants a single person a license to use the content included on the product CD-ROM, reproduce simulations, and to edit and create derivative training products based on the 5-Step Simulation™ model and 3S material that may be used by the user internally for training and education purposes within one organization. The person for whom this 3S product is purchased is “the user.”
Situations, Scenarios & Simulations Individual User License Agreement
IMPORTANT! PLEASE READ CAREFULLY.
"SITUATIONS, SCENARIOS & SIMULATIONS" IS A 5-STEP SIMULATIONS™ PRODUCT. THIS 5-STEP SIMULATIONS™ PRODUCT IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE PRODUCT (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE PRODUCT. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, YOU MAY E-MAIL
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TO REQUEST A FULL REFUND OF THE PURCHASE PRICE.
This 5-Step Simulations™ product, and any files that are delivered to you (the “User”) by LearningSim (via on-line transmission or otherwise) to update, enhance, or otherwise modify the product, as well as any printed materials and any on-line or electronic documentation, and any and all copies and derivative works of such product (collectively, the "Product") is the copyrighted work of LearningSim or its licensors (collectively referred to herein as "LearningSim"). Any and all uses of the Product are governed by the terms of this License Agreement (the "License" or "Agreement"). The Product is distributed solely for use by authorized users according to the terms of this License Agreement. This Product contains information and materials that are owned by LearningSim and includes proprietary information, trade secrets, and know-how of LearningSim, which LearningSim is desirous of protecting. Any use, reproduction, modification or distribution of the Product not expressly authorized by the terms of the License Agreement is expressly prohibited.
1. Limited License. If you agree to this License Agreement, you may access, use, and copy the Product files onto your computer for purposes of using the Product, subject to the terms of this Agreement. Subject to your agreement to and continuing compliance with this License Agreement, LearningSim hereby grants, and you hereby accept, a limited, non-exclusive, and non-transferable license to (a) copy, (b) reproduce, (c) print, (d) edit, expand, translate, alter, or modify (collectively “create derivative works”), and (e) use the Product for your non-commercial training and educational purposes only. All use of the Product, including the creation of derivative works, is subject to the terms of this License Agreement. This license is subject to the following restrictions:
A. Each User must be Licensed. As a condition precedent hereto, any material reproduced or printed with the Product as its original source, or created and reproduced or printed as derivative works with the Product as an original source, shall be delivered to learners only (1) by trainers who hold current, valid licenses to use this Product, or (2) by designers of electronic media or courseware who hold current, valid licenses to use this Product and create derivative works for electronic distribution subject to this Agreement.
B. Terms under which Derivative Works may be Created. Permission is granted under this license to you to create derivative works using the Product as an original source, subject to the following restrictions:
(1) Derivative works may be used only for non-commercial training and educational purposes within your organization.
(2) LearningSim retains partial ownership and copyright of any derivative works created using the Product as an original source, with the percentage of ownership regarded as the minimum sufficient to ensure that derivative works are created and used in compliance with the terms of this agreement, safeguard its ownership of the original material, and defend against challenges to its ownership of the original material or the derivative works. LearningSim waives the right to any royalties or compensation for derivative works you create and use in accordance with the terms of this Agreement. LearningSim reserves the right to collect royalties and damages from you and, by extension, from your organization or employer, as applicable, for the creation or use of derivative works that are in violation of the terms of this Agreement.
(3) If the terms of your employment or volunteer agreement convey ownership of your job product upon your employer or organization (collectively, “Employer”), then the ownership of derivative works you create is subject to both that employment agreement and the provisions of this Agreement, and your Employer hereby agrees to be bound by the terms of this Agreement if it chooses to use, store, or transmit the Product or the derivative work in any way. If your Employer in such a case does not agree to the terms of this agreement, then the creation, use, transmission, and storage of derivative works by you or your Employer is expressly prohibited.
(4) At no time may derivative works be disclosed to third parties, sold, assigned, leased, or otherwise made available or disposed of or commercially exploited or marketed in any way, with or without charge, without the prior written consent of LearningSim.
(5) If you leave the service of an Employer that retains partial ownership of derivative works governed by this Agreement, then your Employer remains bound by the terms of the Agreement until such time as it or LearningSim specifically and intentionally terminates the agreement. (And see the section on “Termination,” below.)
(6) LearningSim makes no warranty, representation, or assurance of the fitness for use or legal compliance of any derivative works created by the User, and the User agrees to indemnify LearningSim of any responsibility for loss or damage of any type arising from the creation or use of any derivative works, whether created and used in compliance with the terms of this Agreement or not.
C. Non-Disclosure, No Re-Sale. At no time may the Product be disclosed to third parties, sold, assigned, leased, or otherwise made available or disposed of or commercially exploited or marketed in any way, with or without charge, without the prior written consent of LearningSim.
D. Violation of Agreement as Cause for Termination. A violation of any provision of this section will entitle LearningSim, at its discretion, to terminate your license granted hereunder and the license extended to your Employer to partial ownership and use of the Product and derivative works.
2. 5-Year Term of License. This limited license will commence on the earliest of your physical or electronic receipt of the Product and shall terminate five years after the date of sale, unless sooner terminated as provided herein. This License may be extended upon the written agreement of the parties.
3. Termination. Either party may terminate this Agreement upon thirty (30) days’ written notice for the other party’s material breach or default under this Agreement and/or its bankruptcy, insolvency, or the appointment of a receiver for the benefit of its creditors, or its cessation of business. Upon such termination, the rights, privileges, and license granted hereunder shall thereupon immediately terminate.
4. Ownership. At all times during and upon termination, LearningSim is the owner of all proprietary rights in and to the Product, together with the know-how, confidential information, and trade secrets arising therefrom and therewith. You acknowledge that this license does not grant you any rights to modify, translate, expand, edit, or in any way alter the Product, without the prior written consent of LearningSim, except as specifically described under Section 1B, “Terms under which Derivative Works may be Created,” above.
5. Warranty. THE PRODUCT (INLUDING WITHOUT LIMITATION THE PRODUCT AND ANY ELECTRONIC FILES OR PRINTED MEDIA) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LearningSim warrants to you that it is the owner of the Product and has the right to license the same to you. The entire risk arising out of use or performance of the Product remains with the User. Notwithstanding the foregoing, LearningSim warrants up to and including 90 days from the date of your purchase of the Product that the media containing the Product shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to LearningSim of proof of purchase of the defective media, LearningSim will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (b) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
6. Limitation of Liability, Indemnity. NEITHER LEARNINGSIM NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE PRODUCT OR ANY USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL LEARNINGSIM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall LearningSim's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the purchase price of the Product. You hereby agree to defend, indemnify and hold LearningSim harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by LearningSim arising out of or from your use of the Product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
7. Assignment. This license may not be assigned or sub-licensed by User without the prior written consent of LearningSim.
8. Law & Arbitration. This Agreement shall be governed by the laws of the State of Minnesota, without regard to conflict of law provisions. Prior to the commencement of any legal action, each party to this Agreement agrees to meet and confer in good faith with the other party to resolve any problems or disputes that arise under this Agreement. If the parties should fail to come to a resolution within a reasonable time, then any dispute, controversy, or claim arising hereunder shall be resolved by arbitration in accordance with the then current rules of the American Arbitration Association and the Uniform Arbitration Act of the State of Minnesota. The arbitration shall be held in the headquartered city of the party not initiating the claim before a single arbitrator mutually selected by the parties. Despite such arbitration obligation, either party will, for purposes of maintaining and preserving confidential information or the status quo, pending arbitration, be entitled to seek equitable relief to prohibit any breach which would violate such confidence or destroy the status quo.
9. Conflict of Terms. In the event of any conflict between the terms and conditions of this Agreement and any terms and conditions that may be set forth on any invoice, purchase order, and/or verbal agreements, the terms of this Agreement will govern.
10. Relationship. You and LearningSim are, and at all times will continue to be, independent contractors of each other in the performance of this Agreement.
11. Entire Agreement. This Agreement constitutes and contains the entire agreement of the parties. This Agreement may not be changed, modified, or amended except in writing to be signed (including electronically) by both parties. Failure of either party to enforce any of its rights shall not constitute a waiver of such rights. In the event any of the provisions are held to be unenforceable, such unenforceability will not affect the other provisions.
(Click Here to Accept) I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by opening, viewing, or unpacking the Product files or installing the Product I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.
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