Acceptance of Terms
This Site, K53FreeTest.com, is a service offered by Centurion Academy, and are subject to the following terms and conditions
(the “Terms”). By accessing, using, or registering to use the Software
(as defined herein), Services (as defined herein) and/or Materials (as defined
herein) from this Site you agree to follow and be bound by these Terms. IF YOU
DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.
Description of Services
Centurion Academy may provide you with access to a variety of online resources, tools,
materials and downloads, including business, educational and technical information
(collectively, "Services"). The Services, including any updates and
enhancements, are subject to the Terms.
Use of Software
Any software or related materials that are made available to download from this
Site or otherwise provided to you ("Software") is the copyrighted
work of Centurion Academy and/or its licensors (if any). You must be either a registered
Centurion Academy supplier, or a client of a registered supplier in order to use the
Use of Materials
Any information or materials that are made available to download from this Site
or otherwise provided to you ("Materials") is the copyrighted work
of Centurion Academy and/or its licensors (if any). You must be a registered Centurion Academy
supplier in order to download and/or use the Materials and you must retain all
copyright and other proprietary notices contained in the original Materials
on any copies of the Materials. Furthermore, your right to download and/or use
the Materials will be subject to these Terms. Any use, reproduction or redistribution
of the Materials not in accordance with these Terms is prohibited.
The origins of such materials may be internal or external to Centurion Academy. While
third party Materials are believed to be reliable, such third party Materials
has not been independently authenticated, tested or verified in whole or in
part by Centurion Academy. All Materials provided on Centurion Academy websites, including
any material from third parties, is "as is," and Centurion Academy makes
no express or implied claims, representations or warranties as to its accuracy,
validity or veracity. Centurion Academy shall not be liable, in any way, for your use
of these Materials, any results that may occur from such use, or any consequences
from decisions made in reliance on these Materials.
In addition, certain downloads from Centurion Academy websites may contain third party
software. Any download of software is governed by the terms of the Software
License Agreement between Centurion Academy and the user. Centurion Academy makes no claims,
representations or warranties that the software will operate properly, securely,
effectively or efficiently. Centurion Academy disclaims all liability concerning the
download of software from the websites, including, but not limited to damage
to the user's hardware, software, network or systems, loss of data, application
failure, backup errors or problems related to connectivity, security, compatibility,
functionality or efficiency.
Limitation of Use
Unless otherwise specified in the Terms and/or the Centurion Academy License Agreement,
the Services and Materials are for your personal and non-commercial use. Notwithstanding
anything to the contrary in the preceding sentence, if you have obtained any
Software pursuant to a Centurion Academy License Agreement, and have been granted access
by Centurion Academy to the Progress Customer Order Management portion of the Site,
you may use the Services and/or Materials made available in the Customer Order
Management portion of the Site solely for your internal business purposes.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
products or services obtained from the Services or Materials. If you breach
any of these Terms, your authorization to use this Site automatically terminates
and you must immediately destroy any materials in your possession obtained from
the Site (including Materials requested pursuant to the Site and sent by Centurion Academy
via email or post).
Updates and/or Changes to the Site
The Services and/or Materials may contain technical inaccuracies or typographical
errors. Unless otherwise specified in the Terms and/or the Centurion Academy License
Agreement, the Services, Software and/or Materials may be updated, modified
or deleted at any time without notice.
You may obtain direct access via the Site to certain confidential information
of Centurion Academy and its suppliers, including without limitation technical, contractual,
product, program, pricing, marketing and other valuable information that should
reasonably be understood as confidential ("Confidential Information").
You must hold Confidential Information in strict confidence. Title to Confidential
Information remains with Centurion Academy and its suppliers.
Your obligations regarding Confidential Information expire five (5) years after
the date of disclosure. Upon termination of the Terms or Progress Software's
written request, You must cease use of Confidential Information and return or
The Terms impose no obligation upon You with respect to Confidential Information
that You can establish by legally sufficient evidence: (a) You possessed prior
to Your receipt from Progress Software, without an obligation to maintain its
confidentiality; (b) is or becomes generally known to the public through no
act or omission by You, or otherwise without violation of the Terms; (c) You
obtained from a third party who had the right to disclose it, without an obligation
to keep such information confidential; (d) You independently developed without
the use of Confidential Information and without the participation of individuals
who have had access to it, or (e) in response to a valid order by a court or
other governmental body, as otherwise required by law, or as necessary to establish
the rights of either party under these Terms and as disclosed after prior notice
to Centurion Academy adequate to afford Centurion Academy the opportunity to object to the
Policy on Privacy
of your information. By using the Site, you are consenting to the processing
When using this Site, you agree to be responsible for providing accurate and
complete information about yourself during registration ("Your Data"),
and updating Your Data to keep it current. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities that occur under your account.
At our sole discretion, we may terminate the accounts or access rights of users
who may have provided inaccurate or incomplete information during registration.
The Services may contain e-mail services, bulletin board services, chat areas,
news groups and other forums designed to enable you to communicate with others
("Communication Services"). You understand that by using this Site
you may be exposed to content that is offensive, indecent, or objectionable.
You agree to use the Communication Services only to post, send and receive messages
and materials that are proper and, where applicable, related to the particular
Communication Service. We may, but are not obligated to, monitor or review these
areas and the content of any such Communication Services. We will have no liability
related to the content of any such Communication Services, whether or not arising
under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material
posted to this Site that in the sole opinion of Centurion Academy violates community
standards, will be removed and the account of the poster may, at Progress Software's
discretion, be revoked or suspended. Any material that meets the standards described
above might be edited by Centurion Academy solely for the purpose of clarity and length.
Materials Provided to Centurion Academy or Posted at the Site
Centurion Academy does not claim ownership of the materials you may provide to Centurion Academy
(including feedback and suggestions) or post, upload, input or submit to any
Services or its associated services for review by the general public, or by
the members of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting
Progress Software, its affiliated companies and necessary sublicensees a non-exclusive,
royalty-free, worldwide license to use your Submission in connection with the
operation of their businesses (including, without limitation, all Centurion Academy
Services), including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; to publish your name in connection with your Submission;
and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Centurion Academy is under no obligation to post or use any Submission
you may provide and Centurion Academy may remove any Submission at any time in its
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms of
Use including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions. You further represent that the
information you submit is not confidential.
Links To Third Party Web Sites\Content
Links to third party web sites or content on this Site are provided solely as
a convenience to you. If you use these links, you will leave this Site. We have
not reviewed these third party sites and do not control and are not responsible
for any of these sites or their content. We do not endorse or make any representations
about them, or any information, software or other products, sweepstakes or materials
found there, or any results that may be obtained from using them.
If you decide to access any of the third party sites linked to this Site, or
decide to participate in any sweepstakes or contests offered by third parties
pursuant to links on Progress Software's Site, you do this entirely at your
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS
OF THE Centurion Academy AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE Centurion Academy
AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROGRESS SOFTWARE,
FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE
LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Neither
Progress Software, nor its subsidiaries and affiliates and their respective
licensors (if any) and suppliers, warrant the accuracy, completeness or quality
of any of the Materials or Services.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PROGRESS SOFTWARE,
ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS
SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS
OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS , SOFTWARE OR SERVICES FROM THIS
SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR
DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Centurion Academy and its subsidiaries, affiliates,
shareholders, officers, directors, agents, licensors, suppliers, alliance members,
other partners, employees and representatives harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of Your Submission, Your use of or connection to the Site (including any
use by You on behalf of Your employer), Your violation of the Terms, or Your
violation of any rights of another.
Jurisdiction and Venue
These Terms are to be governed and construed by the substantive law of South
Africa. In the event of a dispute arising out of or relating to these terms
and conditions, or your use of or access to this Site, litigation must be brought
in state or federal court in South Africa.
The failure of Centurion Academy to exercise or enforce any right or provision of the
Terms does not constitute a waiver of such right or provision. If a court of
competent jurisdiction finds any provision of the Terms to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms
remain in full force and effect. Regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Services
or the Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred. Notwithstanding the foregoing, any Software
downloaded from this site is governed separately by the Centurion Academy License Agreement.
"Centurion Academy Trademarks" means all names, marks, brands, logos, designs,
trade dress, slogans and other designations Centurion Academy uses in connection with
its products and services. You agree to comply with the Progress Trademark and
Logo Usage Requirements located here. You may not remove or alter any Centurion Academy
Trademarks, or co-brand your own products or material with Centurion Academy Trademarks,
without Progress Software's prior written consent. You acknowledge Progress
Software's rights in Centurion Academy Trademarks and agree that any use of Centurion Academy
Trademarks by You shall inure to Progress Software's sole benefit. You agree
not to incorporate any Centurion Academy Trademarks into Your trademarks, service marks,
company names, Internet addresses, domain names, or any other similar designations,
for use on or in connection with computer or Internet-related products, services
Centurion Academy may update these terms at any time without notice by updating this
posting. You should visit this page from time to time to review the then-current
Terms because they are binding on you. If you have comments or questions about
of our ability.