Efforts undertaken by The Viewfinder Project, Inc. “TVP” have resulted in the
development of a unique and creative curriculum (the “TVP Curriculum”), which may
include text, and/or speech files, code, associated materials, media and/or documentation
(and together with the TVP Curriculum, collectively the “Licensed Materials”). The
Licensed Materials are protected by copyright and other intellectual property laws and is
licensed, not sold.
All of the Licensed Materials are provided to you subject to your agreement to be bound by
specified terms and conditions (“Terms and Conditions”) set forth below. These Terms and
Conditions govern use of the Licensed Materials including, without limitation, all content
such as text, information, images, applications and audio and all services made available to
you by the Licensed Materials. Please read these Terms and Conditions carefully before
you agree to them and access or use the Licensed Materials.
BY CLICKING ON THE “I ACCEPT” BUTTON OR SIGNING BELOW, YOU
AGREE TO BE BOUND BY THE DESCRIBED TERMS AND CONDITIONS
WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE
WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE LICENSED MATERIAL. TVP reserves the right to revise and
modify these Terms and Conditions at any time, and your continued access or use of the
Licensed Materials after such revisions or modifications indicates your acceptance of these
Terms and Conditions as revised or modified. It is your responsibility to review these
Terms and Conditions regularly during the terms of this License.
License Agreement
1. Scope. TVP grants you (the “Licensee”) a non-exclusive, nontransferable,
revocable right to use, copy, reproduce, distribute, perform publicly, and display publicly
the Licensed Materials for non-profit, non-commercial, educational and research use only,
without the right of sublicense. By way of example only, for instance, Licensee may
distribute the Licensed Materials within Licensee’s academic institution or classroom with
books or other teaching materials, or publish the Licensed Materials on websites, that are
intended to teach the use of the Licensed Materials for academic and non-commercial
purposes. Licensee shall not acquire any ownership rights with respect to intellectual
property rights in the Licensed Materials and Licensee agrees to jointly assign to TVP any
intellectual property rights in the Licensed Materials that it may acquire such as through
development of derivative works based upon the Licensed Materials. All rights not
expressly granted to Licensee in this License are reserved.
2. Title. All right, title, and interest in and to the Licensed Materials, including but not
limited to, copyright and copyright rights, shall at all times remain with TVP.
3. Usage and Modifications. TVP shall retain the right to use and make modifications
to the Licensed Materials at their sole discretion and this License shall not obligate TVP to
distribute to Licensee any such future modifications. The parties further acknowledge and
agree that TVP shall not be obligated to provide Licensee with any new interpretations that
may be necessitated to the Licensed Materials.
4. Delivery and Maintenance. Upon acceptance of this License, TVP will provide
Licensee with access to the Licensed Materials through its website or by hard copy,
whichever is applicable, and TVP has no duty of reasonable care or lack of negligence, and
we are not obligated to (and will not) provide any support (including technical support) for
the Licensed Materials. Licensee acknowledges that TVP may cease offering the Licensed
Materials or any portion thereof at any time in its discretion.
5. Copyright. Licensee acknowledges that the Licensed Materials are copyrighted
works and as such is protected by the copyright laws of the United States and by
international treaties. Licensee shall treat the Licensed Materials in confidence and shall
not use, copy, or disclose, nor permit any of its personnel to use, copy or disclose the same
for any purpose that is not specifically authorized under this License. Licensee agrees that
the Licensed Materials shall be used solely for educational, non-commercial, not-for-profit
purposes. Licensee further agrees that it will not provide the Licensed Materials to any
other individual or organization not specifically authorized by this License.
6. Limited Warranty. Licensed Materials are research and educational products and
are being provided to Licensee “AS IS”, without any accompanying services from TVP.
Nothing in this License shall be construed as conferring by implication, estoppel, or
otherwise any license or right under any intellectual property of TVP other than TVP’s
rights in the Licensed Materials identified herein.
EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE, TVP MAKES NO
REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THAT THE USE OF THE LICENSED MATERIALS WILL NOT
INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS.
TVP DOES NOT WARRANT THAT THE LICENSED MATERIALS OR USE OF IT
MEETS THE REQUIREMENTS OF FEDERAL, STATE OR LOCAL REGULATIONS
OR GUIDELINES. LICENSEE HAS AN INDEPENDENT OBLIGATION TO COMPLY
WITH APPLICABLE LAWS AND THE LICENSED MATERIALS ARE PROVIDED
TO LICENSEE ONLY FOR LICENSEE’S CONVENIENCE. NOTHING IN THIS
LICENSE OR IN THE PARTIES RESPECTIVE PERFORMANCES HEREUNDER,
INCLUDING, BUT NOT LIMITED TO, LICENSEE’S USE OF LICENSED
MATERIALS, SHALL BE INTERPRETED AS AN ASSUMPTION OF LIABILITY ON
THE PART OF TVP FOR LICENSEE’S COMPLIANCE OR FAILURE TO COMPLY
WITH ANY LEGAL OBLIGATION.
7. Limitation of Liability. TVP SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR ANY
OTHER TYPE OF DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THIS LICENSE OR
THE USE OF LICENSED MATERIALS BY LICENSEE, ITS AFFILIATES, PARENT
COMPANY, OR JOINT VENTURERS, REGARDLESS OF THE NATURE OF THE
CLAIM, WHETHER IN CONTRACT, TORT, INTELLECTUAL PROPERTY,
INFRINGEMENT, OR OTHER ACTION, AND WHETHER LICENSEE HAS
INFORMED TVP OF ANY POSSIBLE DAMAGES.
8. Viruses. TVP does not guarantee that the Licensed Materials or TVP’s website will
be free of viruses, disabling devices, or other code that exhibits or initiates destructive
action. Licensee is responsible for ongoing implementation of measures to protect the
integrity of Licensee’s computer system.
9. Links to Other Websites. TVP’s website may, from time to time, contain links to
relevant, related resources. Provision of these links does not imply that TVP endorses their
use or content. Licensee is responsible for reviewing the terms and conditions of other
websites and for using these sites at Licensee’s own risk.
10. Indemnification. The Licensee agrees to indemnify, defend and hold harmless
TVP its officers, agents, and employees from and against any and all claims, liabilities,
demands, damages, losses, costs and expenses (including costs and reasonable attorneys’
fees) or claims for injury or damages arising out of or related to the Licensee’s performance
hereunder, including those that are caused by or result from Licensee’s use of the Licensed
Materials, including but not limited to, any use of the Licensed Materials that is not
authorized under this License.
11. Use of Names and Trademarks. Nothing in this License shall be construed as
conferring rights to use in advertising, for publicity or otherwise any trademark, trade
name, service mark or the name of “The Viewfinder Project” or any abbreviation thereof.
However, the use of these names as associated with the copyright notice for the Licensed
Materials shall not be restricted. Within the Licensed Materials and TVP’s website, names,
words, titles, phrases, logos, designs, graphics, and icons are provided. The Terms and
Conditions of this license do not grant the Licensee use of these items outside of the
licensed use of the Licensed Materials.
12. Term. The term of this License shall be for the life of the last to expire copyright
covering the Licensed Material, unless terminated as set forth in the Termination paragraph
herein.
13. Termination. TVP may terminate this License if Licensee breaches the terms
contained herein. In the event of termination of this License, Licensee shall immediately
cease use of the Licensed Materials and return the Licensed Materials, and all derivatives
thereof and therefrom, to TVP or provide verification and certification of its destruction,
including any copies contained in any storage apparatus or medium.
14. Severability. The provisions of this License are severable, and in the event that any
provision of this License shall be determined to be invalid or unenforceable under any
controlling body of law, such invalidity or enforceability shall not in any way affect the
validity or enforceability of the remaining provisions hereof. In addition, the parties shall
negotiate in good faith on replacement language intended to express the parties’ intent in a
manner that is valid and enforceable.
15. Authority. Licensee represents that the individual who executes this License on
behalf of Licensee is authorized to do so by Licensee.
16. Applicable Law. The law of the State of Indiana, USA, without regard to its
conflicts of laws provisions, is applicable to this License.
17. Entire Agreement. This License contains the entire agreement between the parties
and supersedes all prior written or oral agreements with respect to the subject matter
hereof. Upon clicking “I ACCEPT” or by signing below, Licensee agrees to be bound by
all of the terms and conditions of this License and to have executed this License as of the
date notice of acceptance is received and accepted by TVP. Notice of TVP’s acceptance
shall be provided to Licensee at Licensee’s e-mail address provided during the online
registration process.
I AGREE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH ABOVE