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GLEN COVE PRESS LLC CURRICULUM LICENSE AGREEMENT
This Curriculum License Agreement (“Agreement”) is a legal agreement by and between Glen Cove Press LLC (GCP), which created and owns Protect Young Minds® and the Brain Defense™: Digital Safety Curriculum and all intellectual property contained therein, and Licensee (identified by their First and Last name and email address registered in the Brain Defense account under which the Curriculum was purchased) permitting and governing Licensee’s use of the edition of GCP’s Brain Defense: Digital Safety Curriculum current at the time of entering this Agreement (“the Curriculum”).
By purchasing and/or using the Curriculum, Licensee (and any organization or entity on whose behalf the Licensee is acting) agrees to be bound by this Agreement’s terms and conditions. If you do not agree to the Agreement’s terms, do not use the Curriculum, and you must delete any electronic copies of materials that you may have downloaded, and destroy any printed copies. The Terms shall supersede the terms of any purchase order or other communications between Licensee and GCP.
General Description: Educational digital safety curriculum for 4-6th grades
Intended for: Parents, teachers, schools, religious organizations, government agencies and anyone who wants to arm students with knowledge and refusal skills for staying safe online.
Contents (depending on license purchased):
Digital access to 21 streaming videos
Instruction manual
Instructor Training video
Brain Book (student workbook) and Brain Book Answer Key
CAN DO Plan poster
Digital Citizenship poster
Home Connection Letters /Family Connection Activity Sheets
Parent Support web page
Parent Meeting PowerPoint
Parent Introduction handout
10-Point Checklist for School Safety Policies
Link to Protect Young Minds Amazon Store
1. Grant of license: At the time of purchase the Licensee selected one of several available license types. The terms applicable to the license type selected by the Licensee are as follows:
1.1 Family license: GCP grants to Licensee a limited, non-exclusive, non-transferable, revocable license to use the Curriculum for the purpose of instructing students that reside in the same household as the Licensee, and are members of the immediate family of the Licensee.
1.2. Classroom (or Homeschool Co-op), School, or Multi-School license: GCP grants to Licensee a limited, non-exclusive, non-transferable, revocable license to use the Curriculum for the purpose of instructing the number of students per school year specified in the table below for the type of Licensed purchased (“Student Limit”). After the Student Limit has been used in any given school year, Licensee may not use the Curriculum in that school year for any purpose other than re-instruction and review by the original students. At the beginning of each new school year the Curriculum may be used for a new set of students. The Licensee may purchase multiple licenses to increase the Student Limit if all instruction is performed within the same organization or entity.
1.3 Licensee agrees that it shall not permit the Curriculum to be reproduced, distributed, duplicated, sold, lent, transferred, or otherwise made available, to any other person or entity, at any time or in any manner, other than as set forth in this Agreement.
1.4 No per student or parent admission fee. Licensee agrees that curriculum will be used in a home or classroom setting which does not charge or require a per student or parent admission or extra fee.
Family: Members of a single household
Classroom (or Homeschool co-op): 40
School: 200
Multi-School: 200+
2. Limitation of license to current edition: This License shall not extend to any future editions, versions, or revisions of the Curriculum. Separate Licenses to future editions, if released by GCP, can only be obtained from GCP after the release of any such edition.
3. GCP IP Rights & Ownership: Licensee acknowledges that GCP owns all right, title and interest in and to the Curriculum and accompanying and related GCP materials, including but not limited to all copyrights, trademarks and other intellectual property or other rights therein now known or hereafter developed. Licensee agrees that Licensee receives no right, title, or interest in or to the Curriculum other than the right to use the Curriculum as provided hereunder. Licensee agrees that Licensee shall not: (a) exceed the distribution limits for the Curriculum specified hereunder, (b) remove, modify or obscure GCP’s name, trademark(s) or legal notices that appear on, in or in connection with the Curriculum, (c) challenge or contest GCP’s rights in and to the Curriculum, and/or (d) assert any claim contrary GCP’s rights in the Curriculum. Licensee authorizes GCP to use any feedback that Licensee may provide in connection with the Curriculum to improve future editions of the Curriculum or related GCP goods or services. Licensee also transfers to GCP all right, title and interest in and to the feedback, including but not limited to all copyrights, trademarks and other intellectual property or other rights therein now known or hereafter developed.
4. Injunctive Relief: Licensee agrees that any breach or threatened breach of the Agreement would cause irreparable harm and injury to GCP for which monetary damages would be inadequate, and consents to GCP obtaining any injunctive or equitable relief that GCP deems necessary or appropriate, without the need to post bond in connection therewith.
5. Warranty Disclaimer and Limitation of Liability: EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CURRICULUM IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY GCP, GCP DOES NOT REPRESENT OR WARRANT THAT THE CURRICULUM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS LICENSEE’S RESPONSIBILITY TO USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
6. LIMITATION OF LIABILITY: TO THE FULLEST EXTEND PERMITTED BY CONTROLLING LAW, IN NO EVENT SHALL GCP BE LIABLE TO LICENSEE UNDER ANY LEGAL THEORY OR OTHERWISE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OR LOSSES IN ANY WAY CONNECTED WITH LICENSEE’S USE OF THE CURRICULUM, EVEN IF GCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IN NO EVENT SHALL GCP’S TOTAL LIABILITY TO LICENSEE FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT OR THE CURRICULUM EXCEED THE LICENSE FEE THAT LICENSEE PAID TO GCP HEREUNDER. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE CURRICULUM OR WITH ANY OF THE AGREEMENT’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CURRICULUM.
7. Indemnification: Licensee agrees to indemnify and hold GCP harmless from any third-party claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising out of Licensee’s use of the Curriculum.
8. Termination: GCP in its sole discretion may terminate this Agreement upon thirty (30) days’ written notice to Licensee in the event that Licensee breaches any term of this Agreement. Upon termination, Licensee shall cease all use of the Curriculum and GCP materials, delete them from all electronic devices, and destroy any printed copies.
9. General: Nothing in this Agreement shall be deemed to create any agency, partnership employee/employer or other such relationship between Licensee and GCP. GCP’s failure to enforce any Agreement provision shall not be deemed a waiver thereof. This Agreement shall be governed by the laws of the State of Washington, excluding only its choice of law provisions. Licensee consents to the jurisdiction and venue of the Washington State courts for Benton County and the United States District Court for the Eastern District of Washington. In the event that any court deems any Term invalid or unenforceable, it shall be modified or enforced to the fullest extent possible consistent with the Parties’ intent as reflected in the original provision. Sections 3, 4, 5 and 6 shall survive any termination of the Agreement. This Agreement constitutes the Parties’ entire agreement with regard to its subject matter, supersedes all prior agreements and understandings, and may only be amended by a further written document signed by each party.
The individual accepting this Agreement on Licensee’s behalf warrants and represents that they are authorized to enter into binding agreements on Licensee’s behalf and that this Agreement shall be binding upon Licensee.
