End User License Agreement.
End User License Agreement
Story Time Chess’s curriculum ("the Copyrighted Material") and accompanying documentation is licensed and not sold. The Copyrighted Material is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Story Time Chess ("the Owner") owns intellectual property rights in the Copyrighted Material. The Licensee’s ("you" or "your") license to download, use, copy, or change the Copyrighted Material is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY ENTERING YOUR NAME BELOW AND ACCESSING, DOWNLOADING, USING, OR COPYING THE COPYRIGHTED MATERIAL ("ACCEPTANCE"). YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO ACCESS OR DOWNLOAD THE COPYRIGHTED MATERIAL. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT ACCESS, DOWNLOAD, USE OR COPY THE COPYRIGHTED MATERIAL.
Under this Agreement, the Owner grants you a non-exclusive and non-transferable license to use the Copyrighted Material. The Copyrighted Material includes any material downloaded from the Owner and any related printed, electronic and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights and distribution rights of the Copyrighted Material remain exclusively with the Owner. Intellectual property rights include the look and feel of the Copyrighted material. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Copyrighted Material.
This Agreement entitles you to download and use one copy of the Copyrighted Material per classroom subscription. This Agreement does not permit the download or use of multiple copies of the Copyrighted Material, or the use of the Copyrighted Material on more than one computer at any given time on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of configurations that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Copyrighted Material.
Restrictions on Transfer
Without first obtaining the express written consent of the Owner, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the copyright material. You may not make available the Copyrighted Material for use by one or more third parties.
Restrictions on Use
You may not use, copy, or install the Copyrighted Material on more than one computer at any given time, or permit the use, copying, or installation of the Copyrighted Material by more than one user or on more than one computer at any given time. If you hold multiple, validly licensed copies, you may not use, copy, or install the Copyrighted Material on any system with more than the number of users permitted by license, or permit the use, copying, or installation by more users, or on more computers that the number permitted by license.
Restrictions on Alteration You may not modify the Copyrighted Material or create any derivative work of the Copyrighted Material or its accompanying documentation. Derivative works include, but are not limited to translations. You may not alter any files in any portion of the Copyrighted Material.
Restrictions on Copying You may not copy any part of the Copyrighted Material except to the extent that licensed use necessitates it.
Disclaimer of Warranties and Limitation of Liability
The Copyrighted Material is provided by the Owner and accepted by you "as is." Liability of the Owner will be limited to a maximum of the original purchase price of the Copyrighted Material.
UNLESS OTHERWISE EXPLICILTY AGREED TO IN WRITING, THE OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.
The Owner makes no warranty that the Copyrighted Material will meet your requirements or operate under your specific conditions of use. The Owner makes no warranty, expressed or implied, regarding the fitness of the Copyrighted Material for a particular purpose or that the Copyright material will be suitable or appropriate for your specific requirements. The Owner makes no warranty that use of the Copyrighted Material will be error free. YOU MUST DETERMINE WHETHER THE COPYRIGHTED MATERIAL SUFFICIENTLY MEETS YOUR REQUIREMENTS. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE COPYRIGHTED MATERIAL TO MEET YOUR REQUIREMENTS.
UNDER NO CIRCUMSTANCES SHALL THE OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABILE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONDSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, DONWLOAD, OR USE OF THE COPYRIGHTED MATERIAL, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE OWNER OR ANY OTHER PARTY, EVEN IF THE OWNER IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITES THE OWNERS’ ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for breach of this Agreement is the correction or replacement of the Copyrighted Material. Selection of whether to correct or replace shall be solely at the discretion of the Owner. The Owner reserves the right to substitute a functionally equivalent copy of the Copyrighted Material as a replacement. If the Owner is unable to provide a replacement or substitute Copyrighted Material or corrections to the Copyrighted Material, your sole alternate remedy shall be a refund of the subscription price for the Copyrighted Material.
The Owner warrants and represents that it is the copyright holder of the Copyrighted Material. The Owner warrants and represents that granting the license to use the Copyrighted Material is not in violation of any other agreement, copyright or applicable statute. All warranties cover only defects arising under normal use and do not include problems resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by the Owner to have been caused by you. All limited warranties on the Copyrighted Material are granted only to you and are non-transferrable. You agree to indemnify and hold the Owner harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and /or acts or omissions.
The term of this Agreement will begin on Acceptance and is perpetual.
This Agreement will be terminated and the License forfeited if you fail to comply with any of the terms of this Agreement or are in breach of this Agreement. On termination of this Agreement for any reason, you must promptly destroy the Copyrighted Material or return it to the Owner.
The Owner will be free of liability to you where the Owner is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Owner has taken reasonable action to mitigate such an event.
Governing Law, Jurisdiction and Costs
The parties to this Agreement submit to the jurisdiction of the courts of the State of New York for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of New York, without regard to conflict or choices of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
This Agreement can only be modified in writing signed by both the Owner and you.
This Agreement does not create or imply any relationship in agency or partnership between the Owner and you.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon your successors and assigns.