End User License Agreement

This copy of The Partners for a Healthy Baby Digital Curriculum ("the Web Application Product") and accompanying documentation is licensed and not sold. This Web Application Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. The Florida State University Center for Prevention and Early Intervention Policy or its subsidiaries, affiliates, and suppliers (collectively "FSU CPEIP") own intellectual property rights in the Web Application Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Web Application Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

Acceptance
You accept and agree to be bound by the terms of this agreement by using the Web Application Product. You must agree to all of the terms of this agreement before you will be allowed access to the Web Application Product. If you do not agree to all of the terms of this agreement, you must not access or use the Web Application Product.

By using this Site, or engaging in any activity governed by this Agreement you signify that you agree to this End User License Agreement. In addition, when using particular services available on this Site, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the End User License Agreement. If you do not agree to the End User License Agreement, please do not use the Site or otherwise engage in any activity governed by the End User License Agreement. We reserve the right, at our discretion, to change, modify, add, or remove portions of the End User License Agreement at any time. Please check these terms periodically for changes. Your continued use of cpeip.fsu.edu or any activity governed by the End User License Agreement, after the posting of changes to these terms will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of FSU CPEIP, and you should refer to those before using such services.

License Grant
This Agreement entitles access for one person to the Web Application Product for the twelve months following the purchase date of the Web Application Product. This Agreement does not permit access for multiple persons to the Web Application Product, or access of the Web Application Product by more than one person at any given time, or on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Simultaneous access by multiple persons is only allowed if you obtain appropriate licensing for each user for the Web Application Product.

Restrictions on Transfer
Without first obtaining the express written consent of FSU CPEIP, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Web Application Product to anyone outside of your organization/company.

Accessing the Web Application Product
You are responsible for making all arrangements necessary for you to have access to the Web Application Product. We reserve the right to withdraw or amend the Web Application Product, and any service or material that we provide on the Web Application Product, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

Intellectual Property Rights

1. The Web Application Product and its entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by FSU CPEIP, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Web Application Product for your non-commercial use only. No right, title or interest in or to the Web Application Product or any content on the Web Application Product is transferred to you, and all rights not expressly granted, are reserved by FSU CPEIP.
2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Web Application Product, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) As a licensee with current and appropriate licensing, you are granted a limited right to print copies of the materials provided in the Web Application Product for single-use in home-visiting. This right may be rescinded at any time and without notice by FSU CPEIP at its sole discretion. The limitations on this right include, but are not limited to: (1) Non-exclusive: the licensee can use the copyright material in the way outlined in the license agreement. However, FSU CPEIP may continue to use the copyrighted material and can grant other external people/organizations a non-exclusive license to use the same copyrighted material; (2) Limited duration: The license continues for the period of time specified in the license agreement; (3) Limited to a geographic area: the copyright may only be used in the area where the you/your organization conducts business and provides home visiting services; and (4) Limited to a specific use: the licensee is only authorized to reproduce copyrighted materials in an amount reasonable for the number of clients being served.
3. This license does not grant you the right to alter or reproduce digital copies of the copyrighted material provided in the Web Application Product.
4. You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Web Application Product; or (iii) access or use for any commercial purposes any part of the Web Application Product or any services or materials available through the Web Application Product.
5. The FSU CPEIP name, the FSU CPEIP logo, and all related names, logos, product and service names, designs and slogans, are trademarks of FSU CPEIP or its affiliates or licensors. You may not use such marks without the prior written permission of the FSU CPEIP. All other names, logos, product and service names, designs and slogans on the Web Application Product are the trademarks of their respective owners.

Your Obligations and Representations

1. You may use the Web Application Product only for lawful purposes and in accordance with this Policy.
2. You promise that: (i) you are of legal age to form a binding contract with FSU CPEIP; (ii) you will not use the Web Application Product in any way that violates any applicable local or international law or regulation; (iii) you will not impersonate or attempt to impersonate FSU CPEIP, a FSU CPEIP employee, another user or any other person or entity; (iv) you will not do anything that could disable, overburden, damage, or impair the Web Application Product or interfere with any person's use of the Web Application Product; (v) you will not use any robot, spider or other automatic device, process or means to access the Web Application Product for any unlawful purpose or in violation of this Policy; (vi) you will not introduce any viruses, trojan horses, worms, logic bombs or other such material which is malicious or technologically harmful; and (vii) you will not co-brand or frame the Web Application Product or hyper-link to it without the express prior written permission of an authorized representative of FSU CPEIP.

Restrictions on Use
You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Web Application Product, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

Restrictions on Alteration
You may not modify, circumvent, or otherwise alter the normal behavior of the Web Application Product or create any derivative work of the Web Application Product or its constituent elements and accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Web Application Product. You may not reproduce the database portion or create any tables or reports relating to the database portion. You may not create derivative works using any images within the Web Application Product.

Restrictions on Copying
You may not copy any part of the Web Application Product or other copyrighted materials except to the extent that this license allows.

Disclaimer of Warranties and Limitation of Liability
Unless otherwise explicitly agreed to in writing by FSU CPEIP, FSU CPEIP makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this agreement.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FSU CPEIP BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF FSU CPEIP OR A FSU CPEIP AUTHORIZED REPRESENTATIVE HAS ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FSU CPEIP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE).

FSU CPEIP makes no warranty that the Web Application Product will meet your requirements or operate under your specific conditions of use. FSU CPEIP makes no warranty that operation of the Web Application Product will be secure, error free, or free from interruption. You must determine whether the web application product sufficiently meets your requirements for security and interruptibility. You bear sole responsibility and all liability for any loss incurred due to failure of the Web Application Product to meet your requirements. FSU CPEIP will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device. Under no circumstances shall FSU CPEIP, its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, access, or use of the Web Application Product, whether due to a breach of contract, breach of warranty, or the negligence of FSU CPEIP or any other party, even if FSU CPEIP is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits FSU CPEIP's ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Web Application Product. Selection of whether to correct or replace shall be solely at the discretion of FSU CPEIP. FSU CPEIP reserves the right to substitute a functionally equivalent copy of the Web Application Product as a replacement. If FSU CPEIP is unable to provide a replacement or substitute Web Application Product or corrections to the Web Application Product, your sole alternate remedy shall be a credit of the purchase price, or pro-rated credit based on time elapsed from date of purchase for the Web Application Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable subscription period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by FSU CPEIP to have been caused by you. All limited warranties on the Web Application Product are granted only to you and are non-transferable. You agree to indemnify and hold FSU CPEIP harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Florida and the United States of America, without regard to Florida's conflict or choice of law provisions.

Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.