End-User Intellectual Property License Agreement
Curricula and/or Research, Learning and Presentation Materials
ARVis Institute thanks you for purchasing its products/materials/creative works. Before you can download, install, copy or otherwise use any of the products/materials/curriculum/creative works contained on this site, you must first review and agree to the terms of the following license agreement.
This License Agreement is a legal agreement between you and ARVis Institute for your use (license) of our products/materials/curriculum/creative works that you download, install, borrow, copy or otherwise use, which may include models, methodologies, reference guides, whitepapers, research, curricula, associated materials, media and/or documentation. The products/materials/curriculum/creative works are protected by copyright and other intellectual property laws and granted as an end-user license, they are not being sold.
This Licensing Agreement is entered into between ARVis Institute (Licensor) located at 4449 Easton Way, Columbus, Ohio, 43219 and ________________________________________ (Licensee) located _______________________________________________________________.
Section I: Contractual Stipulations
Effective Date and Duration: This Agreement becomes effective on the date that it has been signed by all parties or on the date that the products/materials/creative works are purchased (via the website, in-person or via other means). The Agreement is set in place for the duration of (time specified in purchase order), unless terminated earlier by either party for cause.
This Intellectual Property Agreement is made to confirm that the Licensor grants to the Licensee a choice to obtain license for ______________________ (details of the licensed material purchased). The Licensor will however hold the Intellectual Property rights for this products/materials/creative works (details of the licensed material). The Licensee hereby agrees to comply with all the terms and conditions set forth in this Agreement as is the case with all Intellectual Property Agreements of the state of ____________. The Licensee confirms that it/he/she will not do anything to violate the clauses listed within this Agreement.
By sale, purchase and Licensee’s use of the purchased products/materials/creative works, both parties acknowledge understanding of and indicate adherence to this Intellectual Property Agreement, the specifics of which are as under:
1. COPYRIGHT AND TRADEMARK
The Licensee, having read this Agreement and the details pertaining to this Intellectual Property Agreement with the Licensor, has agreed to respect the Licensor’s need to protect its/his/her Intellectual
Property Rights of the products/materials/curriculum/creative works. As in all Intellectual Property Agreements, the copyright and trademark of the property will remain with the Licensor, ARVis Institute, LLC.
The Licensor hereby takes complete ownership of the property and confirms to the Licensee the authenticity of its products/materials/curriculum/creative works and/or learning materials.
3. SCOPE OF RIGHTS
You may use, copy, reproduce, distribute (within your institution) and/or create derivative works of these products/materials/curriculum/creative works only for non-commercial and academic purposes, subject to the restrictions in this License. Some purposes which can be non-commercial and academic are training, facilitation, educational, research, and work project application. For instance, you may distribute these products/materials/curriculum/creative works within your institution with training and/or teaching materials, books, or as a supplement and guide to advancing your institution’s mission, strategy – so long as the purposes are non-commercial.
In return, we simply require that you agree:
- That you will not remove any copyright or other notices from the products/materials/curriculum/creative works.
- That if you distribute the products/materials/curriculum/creative works or any derivative works of such, you will distribute them under a verbatim copy of this License, and you will not grant rights to the products/materials/curriculum/creative works or derivative works that are broader than those provided by this License. For example, you may not distribute modifications of the products/materials/curriculum/creative works under terms that would permit commercial use, or under terms that purport to require any of the products/materials/curriculum/creative works or such derivative works to be sublicensed to others.
- That if you have modified the products/materials/curriculum/creative works or create derivative works from excerpts, and distribute such modifications or derivative works, you will cause the modified files or derivative works to carry prominent notices so that recipients know that they are not receiving the original products/materials/curriculum/creative works. Such notices must state: (i) that you have changed the products/materials/curriculum/creative works; and (ii) the date of any changes. Copyright and credit to Licensor, ARVis Institute, should be maintained at all times.
- ARVis Institute will Not be liable for any damages related to the application and use of the content contained in any of its products/materials/curriculum/creative works.
- That ARVis Institute 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 products/materials/curriculum/creative works. You acknowledge that ARVis Institute may cease offering the products/materials/curriculum/creative works or any portion thereof at any time in its discretion.
- That if you breach this License, your License to the products/materials/curriculum/creative works and any of your related rights hereunder end automatically, and you shall destroy all of your copies of the products/materials/curriculum/creative works immediately. Section 5 of this License shall survive any termination of this license.
- That no patent rights are granted in this License.
- That all rights not expressly granted to you in this License are reserved.
- That this License shall be construed and controlled by the laws of the State of Ohio, USA, without regard to conflicts of law. If any provision of this License shall be deemed unenforceable or contrary to law, the rest of this License shall remain in full effect and interpreted in an enforceable manner that most nearly captures the intent of the original language.
4. TERM & PERIOD OF THE AGREEMENT
This Intellectual Property License Agreement is valid for the timeframe specified in the purchase order only. The agreement however can be terminated by either party with prior notice of 15 days. The Licensor can abruptly terminate the contract before the termination date upon Licensee’s violation of any/all terms and conditions specified in the Intellectual Property License Agreement.
5. RENEWAL OF AGREEMENT
Intellectual Property Agreements can be renewed after the conclusion of the license period and termination of the contract by signing a renewal agreement or by renewing via a new purchase order and the Licensee paying its/his/her associated/corresponding licensing fees.
6. PRIVACY AND CONFIDENTIALITY
Intellectual Property Agreements ensure that both party shall maintain confidentiality and will not disclose any information agreed upon in this agreement to any third party unless required in the course of business, which will be agreed upon by mutual consent.
As the use of the property/product/creative, the Licensor does not provide any warranty to the Licensee regarding any losses or damage that may incur to the Licensee or to any third party as a result of using licensed materials – products/materials/creative works.
Section II: Signatures
By signing this agreement AND/OR by the Licensee purchasing and using the Licensor’s products/materials/creative works, said parties affirm that they are acting under proper authority and agree to all terms and conditions and have agreed to comply.
When purchased via the website, these signatures are noted by the actual sell and purchase order. Both parties are bound to the terms of the Agreement regardless of these signatures being secured.
When purchased by other than electronic website means, the signatures are required.
Signature of Licensee ______________________________________________
Printed Name ______________________________________________
Signature of ARVis Institute (Licensor) ______________________________________________
Printed Name of ARVis Institute Designee ______________________________________________