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These terms will apply because you (“End User”) are licensing, using, or are provided access from Michigan State University (“MSU”) to data, text, information, audio files videos, graphics, photographs, software, documentation, or other content or services known as SAWBO™ (“Materials”).
1. Introduction.
This website “https://sawbo-animations.org” (“Site”) is owned and operated by The Board of Trustees of Michigan State University and includes content provided by other parties. End User will be provided access to the Site upon the condition that End User accepts all of the terms of this Agreement. Read these terms carefully as they govern End User’s use of the Site and the Materials. These Materials incorporate, or are based on, certain software (“Illinois Software”) of The Board of Trustees of the University of Illinois (“Illinois”). The trademarks Scientific Animations Without Borders™ and SAWBO™ are owned by Illinois and are used herein by permission. All other trademarks if any, contained in this Site are and remain the property of their respective owners. No licenses or other rights in or to such copyright and/or trademarks are granted to End User by these terms. The Site and Materials are protected by U.S. and/or foreign copyright laws and belong to Illinois and MSU, contributors or other third parties. The Materials are intended to support the educational, research, and public service missions of MSU and to specifically provide a knowledge sharing system for extension materials in developing nations. The overarching goal of this Site is to provide a worldwide repository for sustainable development and health related information that will allow users to easily access and potentially use these Materials in their local area. Intended users of the Site are development organizations and individuals around the world who need access to or have developed sustainable methods.
2. Rights.
MSU grants End User limited rights to Material that includes Illinois Software, these rights are limited to rights to (a) use Illinois Software only as an integral component of the Materials; (b) if applicable, make copies of the Materials for back-up or archival purposes only (provided that all notices are included as specified in Section 6 below); and (c) use the Materials for its internal business purposes only, and not sublicense, redistribute, or otherwise allow third parties to use Materials directly or indirectly, whether on a time sharing, remote job entry, or service bureau arrangement. With respect to Materials that do not include Illinois Software, MSU grants End User rights to copy, perform, distribute and display for educational purposes without the right to modify any of the Materials and End User further agrees that Materials shall not be used (e.g., copied, modified, distributed, sold or displayed) for any research or commercial purpose, unless End User obtains written consent from MSU. End User agrees to use reasonable efforts to protect the Materials from unauthorized use, reproduction, distribution, or publication and any other use inconsistent with this Agreement. Any use of the Materials beyond these limitations will be subject to MSU’s prior written content and payment of applicable fees.
3. Use of Site, Content and Privacy.
The views and opinions expressed by individuals who post comments and submit materials to this Site do not necessarily state or reflect those of MSU. MSU reserves the right to not post or to delete comments and materials in MSU’s sole discretion. Use of an MSU computer and network system, including websites, is subject to all applicable state and federal laws, as well as all MSU policies. For additional information about the terms and conditions governing use of MSU web sites, please see the Notice located here. End User agrees to use the Site only for the purposes set forth herein and shall not: (a) use the Site in any manner that could damage, disable, overburden, or impair any other party’s use and enjoyment of the Site; (b) post or transmit any material through the Site unless pursuant to the Contributor Agreement made available through the Site; or (c) use the Site to advertise or perform any commercial solicitation except as agreed to by MSU.
4. Ownership.
All patents, copyrights, trade secrets and other proprietary rights in or related to the Illinois Software will remain the exclusive property of Illinois, whether or not specifically recognized or perfected under applicable law. Except for rights in the Illinois Software, the Materials are and will remain the exclusive property of The Board of Trustees of Michigan State University, whether or not specifically recognized or perfected under applicable law. End User will not take any action that jeopardizes either of these proprietary rights. End User acknowledges and agrees that it acquires no right in the Illinois Software or MSU’s Materials, except the use license specified in Section 2. MSU will own all rights in any copy of the Materials or any derivative work thereof, including any improvement or development of the Materials.
5. Source Code.
The End User is not entitled to receive the source code version of the Illinois Software or Materials, and under no circumstances may the End User reverse-compile, reverse-assemble, decompile, disassemble, decrypt, extract, or otherwise reverse-engineer or modify the object code version of the Illinois Software or Materials.
6. Notices and Attribution.
The End User must reproduce and include the copyright notice(s) and statement of attribution of MSU and Illinois, as applicable, as they appear in the Materials and on any media containing the Illinois Software and Materials and, if applicable, on all copies of the Materials or cloud delivery of it. End User agrees that any publication of results obtained with the Illinois Software and Materials will acknowledge its use by an appropriate citation. End User agrees to credit and attribute the authors and creators of any Materials that End User uses with the copyright notice or statement of credit/attribution provided by each respective author or creator, or should such a notice or statement not be provided, End User agrees to include the name(s) of each author or creator for each respective Material. End User further agrees to credit any sponsors in and to the Materials that End User uses in accordance with the sponsorship statement provided in the Materials.
7. Third Party Beneficiary.
End User acknowledges that the terms of this Agreement are intended to inure to the benefit of Illinois as a third party beneficiary of this Agreement, and Illinois, as well as MSU, will be entitled to enforce its provisions against End User. End User further acknowledges that the Illinois accepts its third party beneficiary rights hereunder and that such rights will be deemed irrevocable.
8. Disclaimer of Warranties.
MSU AND ILLINOIS MAKE NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ILLINOIS SOFTWARE, THE MATERIALS PROVIDED BY MSU, OR ANY OTHER MATERIALS, SERVICES, INFORMATION, OR TECHNOLOGY, AND ILLINOIS EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. END USER EXPRESSLY AGREES THAT USE OF THE SITE AND THE MATERIALS IS AT END USER’S SOLE RISK. THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. MSU AND ILLINOIS MAKE NO WARRANTY THAT THE SERVICE WILL MEET END USER’S REQUIREMENTS OR THAT THE SITE, ILLINOIS SOFTWARE, OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO MSU AND ILLINOIS MAKE ANY WARRANTY FOR ANY PURPOSE OF THE SITE, ILLINOIS SOFTWARE, OR THE MATERIALS OR RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SITE OR AS TO THE ACCURACY, SAFETY, RELIABILITY OR USEFULNESS OF ANY INFORMATON OBTAINED THROUGH THE SITE. MSU AND ILLINOIS DISCLAIM ANY WARRANTY THAT THE SITE, ILLINOIS SOFTWARE, OR MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. END USER HAS SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USE IN CONNECTION WITH THE SITE.
9. Maintenance and Support.
End User acknowledges and agrees that MSU will not be responsible for updating the Illinois Software, Materials, or any other Site content or documentation.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL MSU OR ILLINOIS (INCLUDING THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, FACULTY, STAFF, STUDENTS, EMPLOYEES, CONSULTANTS, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL, OR EXEMPLARY DAMAGES OR LOST PROFITS (INCLUDING WITHOUT LIMITATION, ANY DAMAGES OR LOST PROFITS CAUSED BY USE AND IMPLEMENTATION OF ILLINOIS SOFTWARE, MATERIALS, OR THE SITE, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH ILLINOIS SOFTWARE, THE MATERIALS OR THE SITE, WHETHER FORESEEABLE OR UNFORESEEABLE (AND REGARDLESS AS TO WHETHER ILLINOIS OR MSU HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), BASED ON CLAIMS OF END USER OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABIILTY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. NOT WITHSTANDING THE FORM (E.G., CONTRACT, TORT, INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK, PATENT OR OTHER RIGHT OF THIRD PARTIES, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTON MAY BE BROUGHT. IN NO EVENT WILL MSU OR ILLINOIS BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES PAID BY END USER FOR SOFTWARE, MATERIALS, OR SITE CONTENT THAT GAVE RISE TO SUCH DAMAGES OR LOSSES FOR EACH RESPECTIVE BREACH OR SERIES OF RELATED BREACHES, AND END USER AGREES THAT IT MUST FIRST PURSUE AND EXHAUST ALL REMEDIES AGAINST MSU BEFORE PURSUING ANY REMEDY (IF ANY) AGAINST ILLINOIS.
11. Indemnification.
End User agrees to indemnify MSU and Illinois, their respective trustees, directors, officers, faculty, staff, students, employees, consultants, and agents from and against all losses, expenses, damages, and costs including reasonable attorney’s fees, arising out of or relating to use of the Site, Materials, or Illinois Software, or other Site content by End User or any other person accessing the Site using End User’s login and password. MSU reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by End User and, in such case, End User agrees to fully cooperate with MSU’s defense of such claim.
12. Sponsorship.
MSU reserves the right to obtain sponsorship for maintaining the Site and to display icons and links of third parties on the Site. In no event shall MSU be responsible for or held accountable for non-MSU links or the contents or information of those links. This extends to End User’s use of or losses incurred by End User’s use of those links or the information they contain.
13. Compliance with Laws.
End User agrees to abide by all applicable local, state, national, and international laws and regulations relevant to use of the Site. The Site is available only to individuals who are permitted to use it under applicable law. If End User does not qualify, End User shall not use the Site. End User agrees not to impersonate any person or entity of, falsely state, or otherwise misrepresent End User’s identity or affiliation with a person or entity. End User represents and warrants that End User possesses the legal right and ability to enter into this Agreement and to use the Site in accordance with the terms of this Agreement.
14. Modification of Site and Terms.
MSU reserves the right to modify the Site and may discontinue, temporarily or permanently, the Site for any reason, at its sole discretion, with or without notice to End User. MSU may likewise change the terms of this Agreement from time to time with or without notice to End User. End User agrees to review the terms periodically to ensure that End User is aware of any modifications. End User’s continued access to the Site after the modifications have become effective shall be deemed End User’s conclusive acceptance of the modified terms of this Agreement. No modifications to the terms of this Agreement made by End User will be binding, unless expressly authorized in writing by MSU.
15. Termination.
If End User violates or fails to comply with any of the terms of this Agreement or, in MSU’s sole discretion, restricts or inhibits any other user from using or enjoying the Site, MSU may terminate End User’s access to the Site account without notice to End User.
16. Passwords and Accounts.
End User is responsible for maintaining the confidentiality of End User’s login name and password and for any and all activities that occur under End User’s password or account. End User agrees to immediately notify MSU of any unauthorized use of End User’s account. End User agrees that MSU may terminate End User’s password, account or use of the Site in MSU’s sole discretion for any reason. All notices End User gives to MSU shall be in writing and shall be made either via e-mail or conventional mail. In addition, MSU may post notices or links to notices through the Site to inform End User of changes to the terms of this Agreement, the Site, or other matters of importance.
17. Consent to Use Data.
End User agrees that MSU may collect and use technical information gathered through End User’s use of the Site, the Materials, any software or content on the Site, and any support services related thereto, provided that MSU does not disclose this information in a way that personally identifies End User.
18. Jurisdiction.
All actions or proceedings related to this Agreement shall be litigated in state courts of competent jurisdiction located in the State of Michigan. End User (i) consents and submits to the jurisdiction of any Michigan state court with competent jurisdiction, and (ii) shall not bring any action or claim in any other jurisdiction.
19. Export Control.
Materials may be subject to U.S. export controls and trade laws and foreign export or import laws and regulations. End User agrees to strictly comply with all such laws and to obtain such licenses as may be required. End User warrants that End User is not identified on any current U.S. export or trade exclusion lists or located in a national or country that is prohibited from participating in this Site by reason of U.S. embargo or other trade prohibitions as specified in the U.S. export and trade laws, including but not limited to the Commerce Department’s Export Administration Regulations (EAR) and the Treasury Department’s Office of Foreign Assets Control regulations.
20. Miscellaneous.
This Agreement, including any terms incorporated by reference or amendments or addendums, constitutes the entire agreement between End User and MSU regarding their subject matter and supersede any prior versions, as well as any prior or contemporaneous oral or written communications, arrangements, courses of conduct or agreements regarding their subject matter. End User shall not assign or transfer End User’s rights to use the Site, Illinois Software, and/or the Materials. Any express waiver or failure by MSU or Illinois to exercise any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the other provisions of this Agreement, which shall remain in full force and effect. Paragraph headings and captions are for convenience only and are not to be considered in determining the meaning or effect of the terms. Rights and obligations under this Agreement other than provisions that authorize End User to use or access the Site, Illinois Software, or Materials will remain in effect after termination of End User’s use of the Site, Illinois Software, the Materials and any support services related thereto. End User agrees that no joint venture, partnership, employment, or agency relationship exists between End User and MSU as a result of this Agreement or End User’s access to or use of the Site, Illinois Software, the Materials, any Site content, and any support services related thereto. This Agreement, and any rights or licenses granted hereunder, may not be transferred or assigned by End User, but may be assigned by MSU without restriction.
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