1) DEFINITIONS
a) Licensor: High School Web Design LLC, P.O. Box 2232, Fort Collins, CO 80522.
b) Licensee: School or individual licensing the Curriculum.
c) Site: Physical location where Curriculum is authorized to be used.
d) Curriculum: All digital materials, collectively, delivered by Licensor to Licensee, including slide presentations, lesson plans, class projects, grading rubrics, student handouts, quizzes, tests, source code examples, grading worksheets, etc.
2) ACKNOWLEDGMENT
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 store, install, modify, extract, or utilize any portion of Curriculum.
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, however, may be used by an unlimited number of teachers and in an unlimited number of classrooms within a single school campus.
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 enrolled students of Licensee at the Site address.
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.
5) TERMS OF USE
a) Once payment in full is received, Licensor grants to Licensee a non-exclusive, perpetual (unless terminated by Licensor), non-transferable license to use Curriculum at the Site.
b) Licensee has the right to print an unlimited number of handouts, quizzes, tests, projects, and other resources that are part of the Curriculum, for use by teachers and students at the Site.
c) Licensee has the right to transfer an unlimited number of 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.
d) Teachers and administrators (not students) 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.
e) The materials that are 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 for backup purposes.
6) OWNERSHIP
a) Licensee owns the media on which the Curriculum is stored, but Licensee acknowledges that Licensor retains ownership of the Curriculum itself. 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.
8) RESTRICTIONS
a) Licensee may not use Curriculum in a distance learning environment. This restriction applies to instruction via the Internet and via CD-ROMs or DVDs.
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 Curriculum materials to another party in any form.
d) Licensee may not translate Curriculum into a foreign language for any purpose other than direct instruction of students within the licensed Site and within the stated terms of use.
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, at no additional cost. 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.
10) TERMINATION
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.
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.
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.
