ELECTRONIC-MODULE (E-MODULE); WORKSHOP
PLEASE READ THIS E-MODULE WORKSHOP LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE E-MODULE. BY USING THE E-MODULE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD AND/OR USE THE PROJECT PURPOSE INCORPORATED E-MODULES AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE PROJECT PURPOSE LICENSE AS PART OF THE PROJECT PURPOSE PRODUCT AND SERVICE OFFERINGS PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE PROJECT PURPOSE PACKAGE WITHIN THE RETURN PERIOD VIA OUR ONLINE WEB SITE AT WWW.SPE-PROJECTPURPOSE.COM BY SUBMITTING A REFUND REQUEST TO INQUIRIES@SPE-PROJECTPURPOSE.COM WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO PROJECT PURPOSE’S RETURN POLICY FOUND AT http://www.spe-projectpurpose.com/privacypolicy UNDER “PURCHASING TERMS & CONDITIONS”. YOU MUST RETURN THE ENTIRE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish and distribute materials, this e-module is license to you strictly for educational purposes. You may not, in any capacity, reproduce, modify, publish and/or distribute any of the materials within this e-module.
The Project Purpose E-module License, any third party License, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Project Purpose-branded software, on disk, in read only memory, on any other media or in any other form (collectively the “Project Purpose License”) are licensed, not sold, to you by Project Purpose Incorporated (“Project Purpose”) for use only under the terms of this License. Project Purpose and/or Project Purpose’s licensors retain ownership of the Project Purpose E-Module License itself and reserve all rights not expressly granted to you.
Project Purpose, at its discretion, may make available future upgrades or updates to the Project Purpose E-Module License. Upgrades and updates, if any, many not necessarily include all existing features or new features that Project Purpose releases for newer e-module Licenses. The terms of this License will govern any E-Module License upgrades or updates provided by Project Purpose to the Project Purpose E-Module product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.
Permitted License Uses and Restrictions.
License. Subject to the terms and conditions of this License, including but not limited to the requirements and limitations in Section 2B, unless you obtain Project Purpose License as described in Section 2C, you have the right to use the Project Purpose License as permitted by the Services and Content Usage Rules set forth in Project Purposes Media Services Terms and Conditions ([insert web link here]) (“Usage Rules”), and are granted a limited, non-transferable, non-exclusive license:
to download, install, use and run for personal, non-commercial use, one (1) copy of the Project Purpose E-Module License on any electronic device be it computer, desktop, laptop, table, cellular technology device (“Technology”) that you own or control; and
if you are a commercial enterprise or educational institution, to download, install, use and run (1) copy of the Project Purpose E-Module License for use either: (a) by a single individual on the Technology or Technologies that you own or control. For example, a single use employee may use the Project Purpose E-Module License on both the employee’s desktop Technology and laptop Technology. Or multiple students may serially use the Project Purpose E-Module License on a single Technology located at a resource center or library.
3. Volume or Maintenance License.
If you obtained the Project Purpose E-Module License under a volume or maintenance License program with project Purpose, the terms of your volume or maintenance license will determine the number of copies of the Project Purpose E-Module License you are permitted to download, installe, use and run on Technology you own or control. Except as agreed in writing by Project Purpose, all other terms and conditions of this License shall apply to your use of the Project Purpose E-Module License obtained under a volume or maintenance license.
4. Project Purpose ID.
Use of the Project Purpose Member’s Area requires a unique user name and password combination, known as a Project Purpose ID. A Project Purpose ID is also required to access updates to the Project Purpose E-Module License and certain features and Services (as defined in Section 5). If you choose to associate your preinstalled Project Purpose E-Module License within the Project Purpose Storefront account, a unique identifier will be collected from your License and will be used by Project Purpose to verify the eligibility of your update request. By choosing to associate the preinstalled Project Purpose E-Module License with your Project Purpose Storefront account, you agree that Project Purpose may transmit, collect, maintain, process and use these identifiers, including the Project Purpose ID information you provide, as unique account identifiers for the purpose of providing you access to the Project Purpose E-Module License through the Project Purpose Storefront.
5. System Requirements.
Project Purpose E-Module Licenses is supported on all Technology that accommodates Adobe products.
6. Content and Digital Materials.
7. Any financial or health information displayed by the Project Purpose E-Module License is provided for general informational purposes only and is not intended to be relied upon as, or a substitute for, financial or medical advice. You are solely responsible for the financial or health decisions made by you and any consequences resulting therefrom, and should always seek the guidance and advice of a financial or medical professional as appropriate. Neither Project Purpose nor any of its licensors guarantees the accuracy, completeness, or timeliness of financial or health information appearing within the Project Purpose E-Module License or that desired results will be obtained.
8. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Project Purpose E-Module License for multiple users. Except as otherwise permitted by the terms of this License or otherwise licensed by Project Purpose: (I) only one user may us the Project Purpose E-Module License at a time, and (ii) you may not make the Project Purpose E-Module License available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Project Purpose E-Module License.
9. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Project Purpose E-Module License or any services provided by the Project Purpose E-Module License, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by the licensing terms governing use of Open-Source Components (as defined in Section 13) that my be included with the Project Purpose E-Module License).
10. Compliance with Laws. You agree to use the Project Purpose E-Module License and the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Project Purpose E-Module License and Services.
Project Purpose’s E-Module License obtained from the Project Purpose Storefront is not transferable.
You may not transfer any Project Purpose E-Module License that has been modified or replaced under Section 13 below. All components of the Project Purpose E-Module License are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
Any copy of the Project Purpose E-Module License that may be provided to Project Purpose for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred.
Services and Third Party Materials.
General. The Project Purpose E-Module License may enable access to the Project Purpose Member’s Area and other Project Purpose and third party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require a Project Purpose ID, may require you to accept additional terms and may be subject to additional fees. By using this E-Module License in connection with a Project Purpose Storefront account, Project Purpose ID or other Project Purpose account, you agree to the applicable terms of service for that account, such as the latest Project Purpose Media Services Terms and Conditions which you may access and review at [(Insert link here)].
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your role risk and that Project Purpose shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Project Purpose is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Project Purpose, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of services applicable to the Services. You agree that the Services contain proprietary content, information and material, including but not limited to any Digital Materials, that is owned by Project Purpose, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this E-Module License or that infringes any intellectual property rights of a third party or Project Purpose. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Project Purpose is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Project Purpose E-Module License are not available in all languages or in all countries. Project Purpose makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Project Purpose and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Project Purpose be liable for the removal of or disabling of access to any such Services. Project Purpose may also impose limits on the use or access to certain Services, in any case and without notice or liability.
This E-Module License is effective until terminated. Your rights under this license will terminate automatically or otherwise cease to be effective without notice from Project Purpose if you fail to comply with any term(s) of this E-Module License. Upon the termination of this E-Module License, you shall cease all use of the Project Purpose E-Module License and corresponding services and destroy all copies, full or partial, of the Project Purpose E-Module License. Sections 2I, 4, 5, 6, 7, 8, 9, 11 and 12 of this license shall survive any such termination.
Disclaimer of Warranties.
If you are a customer who is a consumer (someone who uses the Project Purpose E-Module License outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organisation.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE PROJECT PURPOSE E-MODULE LICENSE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE PROJECT PURPOSE E-MODULE LICENSE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE PROJECT PURPOSE E- MODULE LICENSE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROJECT PURPOSE E-MODULE LICENSE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PROJECT PURPOSE AND PROJECT PURPOSE’S LICENSORS (COLLECTIVELY REFERRED TO AS “PROJECT PURPOSE” HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PROJECT PURPOSE E-MODULE LICENSE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
PROJECT PURPOSE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROJECT PURPOSE E-MODULE LICENSE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PROJECT PURPOSE E-MODULE LICENSE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PROJECT PURPOSE E-MODULE LICENSE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE PROJECT PURPOSE E-MODULE LICENSE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE PROJECT PURPOSE E-MODULE LICENSE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS PROJECT PURPOSE PRODUCTS AND SERVICES.
YOU FURTHER ACKNOWLEDGE THAT THE PROJECT PURPOSE E-MODULE LICENSE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE PROJECT PURPOSE E-MODULE LICENSE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROJECT PURPOSE OR A PROJECT PURPOSE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PROJECT PURPOSE E-MODULE LICENSE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL PROJECT PURPOSE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PROJECT PURPOSE E-MODULE LICENSE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE PROJECT PURPOSE E-MODULE LICENSE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF PROJECT PURPOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Project Purpose’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (CAD$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Project Purpose E-Module License except as authorized by Canada and United States law and the laws of the jurisdiction(s) in which the Project Purpose E-Module License was obtained. You agree that you will not use the Project Purpose E-Module License for any purposes prohibited by Canada and/or United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Controlling Law and Severability.
This E-Module License will be governed by and construed in accordance with the laws of Canada, the United States and the laws of the State of California, excluding its conflict of law principles. This E-Module License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this E-Module License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this E-Module License shall continue in full force and effect.
Complete Agreement; Governing Language.
This License constitutes the entire agreement between you and Project Purpose relation to the use of the Project Purpose E-Module License and supersedes all prior contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Project Purpose. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this E-Module License shall govern, to the extent not prohibited by local law in your jurisdiction.
Third Party Acknowledgements.
Certain components of the Project Purpose E-Module License, and third party open source programs included with the Project Purpose E-Module License, may be made available by Project Purpose on the Spaces by Wix Inc. Application. Acknowledgements, licensing terms and disclaimers for such components are contained in the electronic documentation for the Project Purpose E-Module License. Please refer to the electronic documentation since you may have additional rights in the Open source Components.
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Updated by the Project Purposes Legal Drafting Team on May 26, 2021