"Lesson Plan" means the accompanying lesson plan and all or any information, artwork, text, video, audio, animation or picture files contained and comprised in the lesson plans: references to the Lesson Plan shall mean the whole or any part thereof.
"Licensee" means the individual or organization that accesses the Lesson Plan or obtains a copy of the Lesson Plan from UVU.
"UVU" means Utah Valley University.
Licensee may use and download a single copy of the Lesson Plan for private study and research, provided that such use and copying is for personal non-commercial purposes only and not for any commercial advantage and that any copyright notice within the Lesson Plan and these Terms of Use appear in any copy of the Lesson Plan. If Licensee is a teacher, Licensee may use and download the Lesson PLan, and may remix the Lesson Plan with other materials, and make multiple copies of the Lesson Plan (including copies of the Lesson Plan in a remixed Lesson PLan) for the teacher's students within the teacher's school or educational establishment, provided that any copyright notice within the Lesson Plan and this Agreement appear in any copy of the Lesson Plan; copies of the Lesson PLan may not be used for any commercial purposes by the teacher, school or educational establishment.
If Licensee violates any of the terms and condition of this License Agreement then the rights granted to the Licensee under this Agreement shall terminate as of the date of such violation.
The Lesson Plan may contain links to third party websites ("Linked Sites"). The Linked Sites are not owned or controlled by UVU and it is not responsible for the contents of any Linked Sites, including without limitation any changes or updates to a Linked Site. UVU is not responsible for webcasting or any other transmission received from any Linked Site, nor is UVU responsible if the Linked Site is not working properly. UVU is providing these links to Licensee only as a convenience, and the inclusion of any link does not imply endorsement of any site or any association with its operators. Licensee is responsible for viewing and abiding by the privacy copyright and terms of conditions posted at the Linked Sites.
Licensee acknowledges that, as between Licensee and UVU, UVU own all rights, title, and interest, including all intellectual property rights, in and to the Lesson Plan and, with respect to any third-party material in the Lesson Plan, the applicable third-party licensor own all right, title and interest, including all intellectual property. rights, in and to such third-party materials.
Licensee warrants Licensee will not infringe UVU's intellectual property rights nor will the Licensee violate the intellectual property right of any third party. UVU reserves all rights not expressly granted to Licensee in the Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Licensee or any third-party any intellectual property right or other right, title, or interest in or to the Lesson Plan.
THIS LESSON PLAN IS PROVIDED BY UVU "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO , THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL UVU BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGE (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS LESSON PLAN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country in which these Terms of Use are intended to be effective, then to the extent and within that jurisdiction which that Term of Use is illegal. invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.
Company acknowledges that University is a governmental entity under the Governmental Immunity Act of Utah, Utah Code Ann., Section 63G-7-1001 et seq., as amended (the "Act"). Nothing in the Agreement shall be construed as a waiver by University of any protections, rights, or defenses applicable to University under the Act, including without limitation the provisions of Section 63G-7-604 regarding limitation of judgments. It is not the intent of University to incur by contract any liability for the operation, acts, or omissions of the other Party or any third party and nothing in the Agreement shall be so interpreted or construed. The Agreement shall be governed by the laws of the State of Utah, without regard to conflicts of laws principles. Venue for any lawsuit, claims, or other proceedings between the Parties relating to or arising under the Agreement shall be exclusively in the State of Utah.
If this License is not accepted in full, Licensee does not have permission to access the Lesson Plan and therefore should cease using the Lesson Plan immediately.
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