This agreement allows the customer to acquire training (“training”) in accordance with the takari order forms (which may contain online registration or order forms provided by or on behalf of Takari) that refer to this agreement (“order form(s)”)) and defines the basic conditions under which the trainings are provided. This agreement governs the customer`s first purchase on the effective date as well as all future customer purchases that refer to this agreement. 2. Use of Materials. As part of the training, Takari may provide Customer with access to the current version of Takari`s associated training materials (“Training Materials”). Subject to the terms set forth in this Agreement, Takari grants Customer only a limited, non-exclusive, non-transferable, non-licensed license to use one copy of such training materials per paid training participant solely for internal training and training purposes. A training participant must not share the training material with others. Customer may not: (a) copy the Training Material or parts thereof; (b) share, distribute, rent, sublicense or transfer copies of the Training Materials or parts thereof with or to third parties, or permit any third party to use the Training Materials; (c) modify, decompile, disassemble or reinsert the standard object code provided with the training material; or (d) use the training material to develop services or products for sale or to include components of the training material in a product. The training materials may contain or provide with them software components subject to the terms of the “open source” licenses (“open source software”). With respect to open source software, the terms of the applicable open source license apply instead of the license and restrictions in this Section 2. 9. General. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Any action or proceeding arising out of or in connection with this Agreement shall be commenced exclusively in the national or federal courts of San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction and jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. . . .