Genetics Cognitive Tutor

SOFTWARE APPLICATION LICENSE AGREEMENT
NONCOMMERCIAL PERSONAL USE ONLY

BY CLICKING THE "I Agree" BUTTON OR BY USING THE SOFTWARE APPLICATION, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST CLICK    “Reject”  AND YOU MAY NOT USE OR DOWNLOAD THE SOFTWARE.

This is a license agreement (“Agreement”) between you (called “Licensee” or “you” in this Agreement) and Carnegie Mellon University (called "Licensor" in this Agreement).  

OWNERSHIP: Licensor retains exclusive ownership of the Genetics Cognitive Tutor software application that you access and/or use through the Genetics Cognitive website  (the “Tutor”). 

HOW YOU CAN USE THE TUTOR:  You have the non-exclusive right to access and use the online version of the Tutor for your personal educational use in connection with the courses or courses for which you registered.  The Tutor may be used only on computers owned or operated by you and may not be placed on a network.  For purposes of clarification, this license does not permit you to let others use the Tutor.  You understand that you are not obligated to provide any feedback to Licensor regarding the Tutor.  However in the event you choose to provide any comments or suggestions to Licensor, you agree that Licensor is free to incorporate and own any, all or none of this information into items developed by Licensor without compensation to you.  

CONFIDENTIALITY:  Your password to access and use the Tutor is for your personal use only, and you agree to use reasonable efforts to safeguard your password.  You agree that you will not give access to the Tutor to any third party and will not (and will not knowingly allow others to) copy, modify, decompile, reverse engineer, redistribute, repackage, encumber, sell, rent, lease, sublicense, assign, time-share, publish, broadcast, circulate, market, donate, disseminate, retransmit, or exploit the Tutor and/or any copies or parts of the Tutor. 

ASSIGNMENT: You may not assign this Agreement or your rights hereunder without the prior written consent of Licensor (meaning that you cannot give your rights to access and use the Tutor to someone else and have them take over your obligations under this Agreement).  If you try to do so in violation of these terms, it will be null and void.

TERM: The term of the license granted by this Agreement begins upon your acceptance of this Agreement by clicking “I Agree” below and ends twelve (12) month later, unless terminated sooner.
 
The Agreement automatically terminates without notice if you fail to comply with any provision of this Agreement.  Upon any termination of this Agreement, you may no longer access and use the Tutor. Even once this license expires or is terminated, any applicable provisions and obligations will continue to be in effect (such as the hold harmless, governing law, etc.).

FEE: Your license to use the Tutor is contingent upon your payment in full of the applicable license fee.

ACCEPTABLE USE: You may not engage in any conduct which violates these Agreement terms or restricts or inhibits any other licensee from using or enjoying the Tutor, and/or any conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, and Licensor reserves the right to prohibit access to and/or take legal action with respect to any individual or entity engaging in such conduct.  Please note that unauthorized entry (commonly referred to as hacking) into any portion of the Tutor may constitute a crime under state and/or federal law. Licensor reserves its right to prosecute these violations to the fullest extent permitted by law.

DISCLAIMER OF WARRANTIES:  THE TUTOR IS PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND (INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR NONINFRINGEMENT).  LICENSEE BEARS ALL RISK RELATING TO THE ACCESS TO AND USE OF THE TUTOR.

HOLD HARMLESS.  If you use the Tutor in a manner not permitted under this Agreement and Licensor incurs claims, damages or liability as a result, you agree to indemnify Licensor for all resulting liabilities (including attorneys’ fees and costs).

NO SUPPORT AND MAINTENANCE: No Tutor support or training by the Licensor is provided as part of this Agreement.  

EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY: To the maximum extent permitted under applicable law, Licensor shall not be liable for indirect, special, incidental, or consequential damages or lost profits related to Licensee's use of and/or inability to use the Tutor, even if Licensor is advised of the possibility of such damages).

EXPORT REGULATION: Licensee agrees to comply with any and all applicable U.S. export control laws, regulations, and/or other laws related to embargoes and sanction programs administered by the Office of Foreign Assets Control.

SEVERABILITY: If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

NO IMPLIED WAIVERS: No failure or delay by Licensor in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Licensor.

GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without reference to conflict of laws principles.  The parties hereby consent to the exclusive jurisdiction of the courts of Allegheny County, Pennsylvania and waive their rights to venue outside of such County.

ENTIRE AGREEMENT AND AMENDMENTS: This Agreement represents the complete agreement of Licensor and Licensee regarding the Tutor and supersedes any previous agreements, understandings, and arrangements between the parties relating to the Tutor.

TO CLICK “I AGREE” BELOW, YOU MUST BE AT LEAST 18 YEARS OLD.  IF YOU ARE NOT 18, OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST CLICK “REJECT.” 

BY CLICKING “I AGREE” BELOW, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.