PEARLS End User Agreement
This PEARLS Online Course End User License Agreement ("Agreement") is made between the University of Washington, a public institution of higher education and an agency of the state of Washington, acting through its Center for Commercialization ("UW") for an individual user ("End User").
The PEARLS Online Course provides a general introduction to the key elements of the PEARLS intervention, a program designed to reduce depressive symptoms and improve quality of life in older adults and in all-age adults with epilepsy ("Work") This online teaching experience provides didactic instruction in an engaging audio/visual format, and is combined with demonstration videos and periodic quizzes to help consolidate a trainee's learning and is the intellectual property of the University of Washington. The Work is protected by copyright laws and international treaties and is licensed by UW on the terms and conditions set forth below.
1. License Grant
1.1. Provided that End User pays the license fee and conforms to the terms and conditions of this Agreement, UW hereby grants, and End User accepts, a limited, non-transferable, non-exclusive license to access, display and perform the Work and print output from the Work, provided such printouts are primarily for End User's use and are not a substantial portion of Work. Any other use including all commercial use requires prior written permission of UW.
1.2. End User may not copy, modify, translate, decompile, disassemble, or reverse engineer the Work or any copy thereof, or transmit the Work or any portion or copy thereof over a non-UW network.
1.3. End User shall gain no ownership in the Work and shall retain in the Work the copyright, trademark, or other notices pertaining to the Work as provided by UW.
1.4. End User shall not distribute, publish, or otherwise transfer or allow to be transferred the copies thereof, in whole or in part, without prior written permission of UW.
1.5. UW reserves the right to modify or make improvements in Work at any time without notice. UW shall endeavor to correct program defects as identified by UW relating to Work's operation.
2. Fee, Delivery and Format
2.1. License fee for rights under this Agreement is USD $95 and is due upon End User's execution of this Agreement and credit card payment and is not refundable. To initiate a purchase order, contact firstname.lastname@example.org.
2.2. Upon execution of this Agreement and receipt of license fee, UW will send instructions on accessing the Work to the End User at the email address provided below within 3 business days.
3. Term and Termination
3.1. Access to the Work is for 1 year.
3.2 End User may terminate this Agreement at any time upon written notice to UW.
3.3. UW may terminate this Agreement if End User is in default of any of its obligations set forth herein and fails within 30 days of a written demand for performance to cure such default.
3.4. The provisions under which this Agreement may be terminated will be in addition to any and all other legal remedies which either party may have for the enforcement of any and all terms hereof, and do not in any way limit any other legal remedy such party may have.
3.5. Termination of this Agreement will terminate all rights and licenses granted to End User relating to Work.
4. Warranties and Disclaimers
4.1. Work is intended for educators and professions involved in teacher evaluation ("Audience") and that Work is not meant to be a substitute for professional judgment. End User is responsible for ensuring the Audience associated with End User's use of the Work is appropriate.
4.2. End User acknowledges that Work is for informational and educational purposes only and is not a substitute for End User's professional judgment. END USER'S RELIANCE UPON WORK IS SOLELY AT END USER'S OWN RISK AND IF END USER USES THE WORK IN THE TRAINING OF OTHERS, END USER ASSUMES THE RESPONSIBILITY AND THE RISK FOR EVERYONE TO WHOM END USER GIVES ACCESS, OR FOR WHOM END USER DISPLAYS OR PERFORMS THE WORK.
4.3. Work is an academic research tool that is experimental in nature and is supplied "AS IS", without obligation by the UW to provide accompanying services or support. The entire risk as to the quality and performance of the Work is with End User.
4.4. UW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, PERTAINING TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF WORK OR ANY OTHER MATERIALS OTHERWISE PROVIDED TO END USER UNDER THIS AGREEMENT.
5. Indemnification and Liability5.1. End User shall indemnify and hold harmless UW and its officers, faculty, employees, students and agents, against any and all claims, suits, losses, damages, costs, fees and expenses resulting from End User's use of Work, including but not limited to any damages