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LICENSE AGREEMENT

BY USING THE WORKING EXAMPLES SERVICE, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE WORKING EXAMPLES SERVICE.

This is a license agreement ("Agreement") between you (called "Licensee" or "you" in this Agreement) and Carnegie Mellon University (called "Licensor" in this Agreement). All rights not specifically granted to you in this Agreement are reserved to Licensor.

DESCRIPTION OF SERVICE: The Working Examples website and service (collectively, “Service”) allows users to interact with one another around or about projects generally involving or related to Digital Media and Learning, by posting information including text, graphics, documents and videos about those projects (“Content”); to add comments, annotations and responses and other information, including text, graphics and videos (“Comments”) to Content and Comments; and to post Content and Comments to third party websites, if and when enabled.  Users can view information on the public area of the site and set up and/or belong to private discussions or groups that are organized around one or more items of Content or related to particular Content.

GRANT OF LICENSE: Licensor hereby grants to Licensee a non-exclusive, non-transferable, terminable license to use the Service without the right to sublicense, sell or otherwise transfer to any third party, pursuant to the terms and conditions of this Agreement.

PROPRIETARY; COPYRIGHT: Licensee acknowledges that the Service is proprietary to Licensor, and as such, Licensee agrees use the Service only in accordance with the terms of this Agreement. The Service is owned by Licensor and is protected by United States copyright laws and applicable international treaties and/or conventions.

TRADEMARKS: “Working Examples”, “Carnegie Mellon University” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Licensor or their respective owners, and certain of them are registered with the United States Patent and Trademark Office.  Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Licensor name or any trademarks, service marks, graphics or logos of it or any third party.

REGISTRATION AND MINIMUM AGE REQUIREMENT:  In order to post Content or Comments, you must register for a Working Examples account and create a user profile. User profiles must represent a real person and associated email account.   In creating your account and user profile, you must  not provide any false personal information or create an account for anyone other than yourself without permission. Your user profile can be viewed by anyone using the Service.   Licensor reserves the right to suspend your use of the Service and/or terminate your account at any time for any lawful reason, including no reason. You must be at least 13 years old to use the Service.  If you are at least 13, but are still a minor (depending on where you live), you must have your parent or legal guardian’s permission to use the Service.   Please have him or her read this Agreement with you.  NOTICE TO PARENTS AND GUARDIANS:  By granting your child permission to use the Service, you agree to the terms of this Agreement on behalf of your child.  You are responsible for monitoring and supervising your child's use of the Service. If your child is using the Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.

YOUR REPRESENTATIONS AND WARRANTIES: You represent and warrant to Licensor that your use of the Service will be in accordance with the terms of this Agreement and with applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside.  

FEEDBACK: Licensor is not obligated to implement any suggestions and/or feedback you might provide regarding the Service, but to the extent Licensor does so, you are not entitled to any compensation related thereto.  

ADDING OR POSTING OF CONTENT OR COMMENTS:  While logged in to the Service, you may add or post Content or Comments to the Service.  You are solely responsible for the Content and Comments you post and/or add, and the consequences of doing so and/or publishing your Content and Comments on the Service. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish the Content and Comments that you post or add.  You understand that since all Content and/or Comments added or posted may be viewed or accessed and used by third parties, you should not post or add Content and/or Comments that contain confidential or proprietary information of yours or other third parties.  It is your responsibility to protect copyrighted and confidential information or potential commercial ideas.   Licensor is not liable for any copyright infringement of posted Content.

INAPPROPRIATE OR ILLEGAL CONTENT OR COMMENTS: You agree that you will not add or post any Content or Comments that are libelous, defamatory, abusive, threatening, harassing, hateful, offensive or violate any law or right of any third party.   Licensor reserves the right to remove any such content and/or comments that are deemed inappropriate, including graphic, video or text Content, or any other Content and/or Comments from the Service at any time for any reason.

GRANT OF LICENSES:  By posting and/or adding Content and Comments, you irrevocably grant to (i) Licensor and its assignees and/or transferees a perpetual, non-terminable, non-exclusive, fully-paid, transferable, sublicenseable, world wide right and license to access and use such Content and Comments for use in connection with the Service and/or otherwise, including featuring your Content elsewhere on the Service, and (ii) if the Content and/or Comments were posted or added to public areas of the site, to all Users a perpetual, non-terminable, non-exclusive, fully-paid, transferable, sublicenseable, world wide right and license to access and use such Content and Comments for any lawful reason, or if the Content and/or Comments were posted or added to private areas of the site, to those Users of those private areas a perpetual, non-terminable, non-exclusive, fully-paid, transferable, sublicenseable, world wide right and license to access and use such Content and Comments for any lawful reason.

USES NOT PERMITTED:  You may not sell, rent, lease, sublicense, lend, time-share or transfer, in whole or in part, or provide third parties access to, the Service.   You will not use the Service to distribute “spam”, collect information about others, advertise to or solicit others to purchase any product or service, or harass any other person.

RELEASE AND INDEMNIFICATION OF LICENSOR:  You release and agree to defend, indemnify and hold harmless Licensor and its trustees, officers, employees, attorneys, agents, TRANSFEREES, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of or inability to access or use the Service and/or your breach of any of terms of this Agreement. 

NO REPRESENTATIONS OR WARRANTIES:  THE SERVICE (INCLUDING THE WEBSITE) AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS.  LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.   WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS.  ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY:  IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF (INCLUDING THE WEBSITE), INCLUDING BUT NOT LIMITED TO LOSS OF USE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES AND/OR DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

EXPORT REGULATION: When using the Service, you agree to comply with any and all applicable U.S. export control laws, regulations, and/or other laws related to embargoes and sanction programs administered by the Office of Foreign Assets Control.

ASSIGNMENT: You may not assign this Agreement or any of your rights hereunder without the prior written consent of Licensor.  Any attempted assignment without such consent shall be null and void.  Licensor’s rights under this Agreement are freely assignable and/or transferable.

NO IMPLIED WAIVERS: No failure or delay by Licensor in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Licensor.

GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without reference to conflict of laws principles. Licensee hereby consents to the personal jurisdiction of the courts located in Allegheny County, Pennsylvania for any matter covered by and/or arising out of or relating to this Agreement, including any matter arising out of or relating to the Service, Content and/or Comments, and waives Licensee’s rights to venue outside of this county.

TERM:  Your license under this Agreement automatically terminates without notice if you fail to comply with any provision of this Agreement.  You may also terminate your license under this Agreement by ceasing to use the Service or deleting your account.   Licensor may terminate the availability of the Service or this Agreement at any time.  You agree that all provisions of this Agreement which operate to protect the rights of Licensor and/or its transferees and/or its assigns shall remain in force following and survive termination of your license and/or this Agreement.

SEVERABILITY: If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

CHANGES TO THE SERVICE OR THIS AGREEMENT:  Licensor may, in its sole discretion and at any time, update, change, suspend, improve or discontinue any aspect of the Service, temporarily or permanently, or amend, update or change the terms of this Agreement. You will be bound by any such amendments, updates or changes, so you should periodically review this Agreement for amendments, updates or changes.

ENTIRE AGREEMENT: This Agreement constitutes the sole and entire agreement between Licensor and Licensee as to the matters covered by this Agreement, and supersedes any previous agreements, understandings and arrangements between Licensor and Licensee them relating thereto.