Exploring Robotics Curriculum License Agreement
This License is for the Exploring Robotics Curriculum purchased from Interactive Media Publishing. By accessing and using the Curriclum on this Internet website, you are agreeing to the terms in this License Agreement.
a) Licensor: Interactive Media Publishing, 111 E 1st St, Phoenix, OR 97535
b) Licensee: School or individual licensing the Curriculum.
c) Licenses: The number of Licenses purchased by Licensee. One License is purchased for each student and teacher who will use the Curriculum. Each License is valid for the time period designated when the License was purchased, most often for one calendar year.
d) Site: Physical location where Curriculum is authorized to be used, as per the purchasing agreement when Curriculum was purchased.
e) Curriculum: All digital materials, collectively, delivered by Licensor to Licensee for the specific title of curriculum purchased, including but not limited to: menus, videos, lessons, presentations, lesson plans, interactive content, class projects, grading rubrics, student handouts, quizzes, tests, source code examples, grading worksheets, etc. The Curriculum is hosted on Internet websites maintained by Licensor and granted access to Licensee, or is delivered on some form of digital media to Licensee.
a) Licensee acknowledges that Curriculum is licensed, not sold, to the Licensee for use only under the specific terms and conditions of this license agreement. If Licensee does not agree to the terms of this License, Licensee may not access, store, install, modify, extract, print, or utilize any portion of Curriculum.
b) Licensor grants Licensee, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable license and right to use and access individual screens containing the Licensed Curriculum Content on appropriate computer terminals, computers, tablets, or other digital devices.
3) SCOPE OF SCHOOL LICENSE
a) If Licensee is a school or school district, Curriculum may be used by Licensee only at a single Site address. The Curriculum may be used concurrently within a single school campus by the number of students and teachers licensed.
b) If Licensee has more than one location, such as a school district with multiple schools, a separate license must be purchased for each location.
c) Curriculum may be used by any teachers, employees, staff, and enrolled students of Licensee at the Site address, up to the limit of the number of Licenses purchased by Licensee.
4) SCOPE OF INDIVIDUAL LICENSE
a) If Licensee is an individual person, Curriculum may be used by Licensee only and in only one classroom concurrently. The Curriculum may not be used by any other teachers or in any other classrooms.
b) Licensee must notify Licensor at time of purchase that license will be an individual license. Absent of said notice, Licensor will issue license in name of school where purchaser first uses Curriculum materials.
c) Individual Licensees may not be reimbursed by employing school, in whole or in part, for cost of Curriculum. If any reimbursement occurs, the reimbursing school shall own license, not the individual.
d) Individual Licensee may use Curriculum materials in any school in which they are employed or engaged to teach. However, any former employing schools have no licensing rights and must delete and destroy all copies, printed and digital, of any existing Curriculum materials.
a) Once payment in full is received, Licensor grants to Licensee a non-exclusive, non-transferable license to use the Curriculum as defined in this Agreement. The term of use is defined in the purchase agreement but is typically for one year, and is renewable each year.
b) Licensee has the right to print handouts, quizzes, tests, projects, and other resources that are part of the Curriculum, for use by teachers and students at the Site, up to the number of student and teacher Licenses purchased.
c) Licensee has the right to transfer resource files that are part of the Curriculum onto desktop computers, portable computers, web servers, and tablets at the Site, for use by teachers and students, up to the number of student and teacher Licenses purchased.
d) Registered users of the Licensee may also use the Curriculum on desktop computers, portable computers, and tablets located away from the Site, if the sole purpose is for preparation of using Curriculum at the Site, or for students’ completion of assignments.
e) The teaching materials that are provided as teacher resources as part of the Curriculum may be edited and customized for the Licensee’s environment and for the purpose of meeting teaching objectives. However, the copyright remains with Licensor.
f) Licensee may not remove or alter any logo or copyright information displayed or embedded within the Curriculum materials.
g) Licensee shall be solely responsible for all expenses incurred in the implementation and use of Curriculum.
h) Licensee may store digital copies of the Curriculum offsite only for backup purposes, Licensee shall not use digital copies to provide students and teachers access to the Curriculum materials.
a) Any and all content created or provided by Licensor is the sole and exclusive property of Licensor, and is protected by U.S. laws and international treaties.
b) Licensee may own the media or computers on which the Curriculum is temporarily stored or accessed, but Licensee acknowledges that Licensor retains ownership of the Curriculum itself, and all Copyrights and intellectual property rights to the Curriculum.
c) Licensor reserves any rights not expressly granted to Licensee. The rights granted are limited to Licensor’s intellectual property rights in the Curriculum and do not include any other patents or intellectual property rights.
7) LIMITED WARRANTY AND LIABILITY
a) Licensor has taken all reasonable precautions in the research, creation, testing, and proofreading of Curriculum materials. However, Licensor and its owners, staff, and contractors, assume no responsibility for any errors or omissions. Licensee acknowledges acceptance of Curriculum in as-is condition.
b) Licensor and its owners, staff, and contractors, shall not be responsible for any direct, incidental, or consequential damages arising from the use of Curriculum. While Licensor regularly scans all materials for viruses, it is the Licensee’s responsibility to check all files supplied by Licensor for viruses or malware, prior to use.
c) Licensor warrants to Licensee for a period of ninety (90) days from the date of license purchase that Curriculum as delivered to Licensee will be in accordance with the description of Curriculum on Licensor’s website, at the time of purchase.
d) Licensor’s entire liability and Licensee’s sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Licensor’s option, replacement of Curriculum or refund of purchase price.
e) Licensor’s total liability to Licensee for damages for any cause whatsoever, howsoever caused (whether in contract, negligence, or other tort, under statute or otherwise howsoever arising) will be limited to the money paid for the Curriculum that caused the damages.
a) Licensee may not copy and use Curriculum in a distance learning environment. This restriction applies to instruction via the Internet, CD-ROMs, DVDs or any other digital storage media. However, Licensee may purchase a Distance Learning License from Licensor which acknowledges and specifies appropriate use in a distance learning environment to provide access to Curriculum for Licensee’s distance students.
b) Licensee is expressly prohibited from charging fees to organizations or students for the teaching of this course (private K-12 schools excepted).
c) Licensee may not sell, lend, lease, rent, assign, or transfer any of the Curriculum materials to another party in any form.
e) Licensee is strictly prohibited from using or exporting Curriculum to another country outside of the country in which the license was originally purchased.
f) Any copies of Curriculum materials used by temporary employees, former employees, contractors, and consultants must be removed from such individual’s computers once they cease working at Licensee’s Site.
g) Licensee will use commercially reasonable efforts to restrict network or any other access to Curriculum by anyone outside of Licensee’s Site who is not authorized to use Curriculum. No Curriculum materials may be uploaded to a live web server that is open to the public or to search engines.
9) SUPPORT AND UPDATES
a) Licensor agrees to provide Licensee with reasonable email and/or phone support for Curriculum for a minimum period of ninety (90) days following date of license purchase.
b) In the future, Licensor may choose to expand, revise, or update Curriculum materials. Licensee is entitled to all future updates and revisions of this Curriculum, as long as Licensee renews and pays yearly license fees. Licensor will make all reasonable efforts to notify Licensee when updates or revisions are available. However, Licensee shall be responsible for checking Licensor’s website for updated versions and for requesting delivery of said updates.
c) Licensor reserves the right, in its sole discretion, to remove portions of Curriculum in future versions. Only the materials existing in the most recent version of Curriculum are eligible for ongoing support services.
d) Licensor reserves the right, in its sole discretion, to retire this Curriculum in the future. Once retired, Curriculum will no longer be eligible for support services.
e) Licensor shall make all reasonable efforts to maintain updated records of all Curriculum license holders. However, if requested by Licensor, Licensee shall be responsible for providing proof of license purchase prior to receiving support services or product updates.
a) This licensing agreement shall continue as long as the Licensee uses Curriculum. However, it will terminate if Licensee fails to comply with any of the terms and conditions outlined in this document, or fails to renew the License and pay the License fee.
b) In the event of a breach of this license by Licensee, Licensor may terminate this License by giving written notice (email delivery is acceptable) to Licensee, whereupon this License and all rights granted to Licensee herein shall immediately cease.
c) In event of termination, Licensee agrees to discontinue all use of Curriculum, to destroy any printed Curriculum materials, and to delete all Curriculum files from all computers. In event of termination, no refund shall be made by Licensor to Licensee.
11) GENERAL TERMS
a) The purchase and use of Curriculum from Licensor indicates that Licensee accepts the terms, conditions, and restrictions of this license agreement. The login and use of Curriculum by users
b) If any provision of this license is declared by a court of legal jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from licensing agreement. However, the other provisions shall remain in full force and effect.
c) All trademarks are acknowledged as belonging to their respective companies and Licensor does not claim to partner with or represent any third parties.
d) Licensor reserves the right to alter licensing conditions at any time, without prior notice.
The Last Revision of this license agreement was 12/9/2017.