AGREEMENT FOR COMMUNICATION 101.5 EDUCATIONAL VIDEOS
BY DOWNLOADING AND/OR USING VIDEOS THE COMMUNICATION 101.5 EDUCATIONAL PROGRAM, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE FROM THE ROME FOUNDATION AND THE CENTER FOR EDUCATION AND PRACTICE OF BIOPSYCHOSOCIAL CARE ("DROSSMANCARE"). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE THESE VIDEOS OR ANY PORTION THEREOF IN ANY FORM OR MANNER.
THESE VIDEOS are licensed, NOT SOLD to you ("User"), by THE ROME FOUNDATION AND DROSSMANCARE), owners of all right, title, and interest in the VIDEOS, all underlying and incorporated content and materials, and any accompanying documentation or materials (the "VIDEOS"), on a strictly limited basis for noncommercial use solely under the terms/conditions of this License. As such, THE ROME FOUNDATION AND DROSSMANCARE reserve all rights not expressly granted to User under this License.
1. GRANT OF LICENSE: THE ROME FOUNDATION hereby grants to User a non-exclusive, non-transferable, non-sublicensable, license to use the VIDEOS for User's personal, noncommercial purposes ("License") subject to the terms and conditions set forth herein.
2. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY: USER ACCEPTS THE VIDEOS ON AN "AS IS" BASIS. THE ROME FOUNDATION AND DROSSMANCARE SHALL NOT BE RESPONSIBLE FOR LOSSES OF ANY KIND RESULTING FROM THE USE OF THE VIDEOS, AND CAN IN NO WAY PROVIDE COMPENSATION FOR ANY LOSSES SUSTAINED, INCLUDING BUT NOT LIMITED TO ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR TORT, OR FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, OR SIMILAR RIGHTS OF THIRD PARTIES, NOR ANY BUSINESS EXPENSE OR DAMAGES CAUSED TO USER BY ANY DEFICIENCY, DEFECT, OR ERROR IN THE VIDEOS, NOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED. THE ROME FOUNDATION AND DROSSMANCARE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE VIDEOS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, ACCURACY OF RESULTS OR INFORMATION, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE USER OF THE VIDEOS IS EXPECTED TO MAKE THE FINAL EVALUATION OF THE VIDEOS' USEFULNESS IN USER'S OWN ENVIRONMENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE ROME FOUNDATION AND DROSSMANCARE'S LIABILITY TO USER ANY CIRCUMSTANCE EXCEED THE PURCHASE PRICE.
3. OWNERSHIP AND PROTECTION: User acknowledges that THE ROME FOUNDATION IN COLLABORATION WITH DROSSMANCARE ARE the sole owners of the VIDEOS, including but not limited to all copyrights, trademarks, and other intellectual property rights therein. User shall not sell, loan, lease, transfer, copy, distribute, display publicly, alter, or make derivative works of the VIDEOS or any portion or copy thereof, except as expressly authorized under this Agreement. The VIDEOS are solely for the User's personal, non-commercial use.
4. MISCELLANEOUS PROVISIONS: Prohibition on Licensing and Assignment: User shall not assign, transfer, license, sublicense, or subcontract its rights or obligations under this agreement. Governing Law: All questions concerning the validity, operation, interpretation and construction of this Agreement shall be governed by and determined in accordance with the laws of the Commonwealth of Virginia and applicable US Federal law, without regard to any choice of law provisions. Any action or lawsuit related to this License must be brought exclusively in either the federal or state courts in or for McLean, Virginia, and User hereby irrevocably submits to and waives any objection to the exclusive jurisdiction and forum of such court. Non-Waiver: No waiver by THE ROME FOUNDATION AND DROSSMANCARE of any breach of any provision hereof shall constitute a waiver of any other breach of that or any other provision hereof. Severability: If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected hereby.