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User License Terms and Conditions of Play with Me! *
This User License Agreement for Play with Me! 3™ and Play with Me! 4™ Parent-Child Activities Manuals for Home Visits with 3 & 4 Year Olds (herein “User License Agreement” or “Agreement”) is a legal and binding agreement between Great Kids, Inc., (“GKI”) and the signer below, (“You”) personally or as an authorized representative of the purchasing organization. Use of below listed materials and the reproduction and distribution of these materials, developed and owned by Great Kids, Inc., is subject to the terms and conditions of this Agreement. The Effective Date hereof is the date You completed this form.
The Play with Me! 3 and Play with Me! 4 Child Development Parent-Child Manuals™ for Home Visits with 3 & 4 Year Olds (herein “Play with Me Manual Materials”) is defined to include, without limitation, the following:
• Play with Me! 3 Parent-Child Activities Manuals for Home Visits with associated electronic handouts™
• Play with Me! 4 Parent-Child Activities Manuals for Home Visits with associated electronic handouts™
Great Kids, Inc. grants to You a non-exclusive, non-transferable, limited license to use the Play with Me Manuals only with Your program’s families, and to reproduce and distribute, only in a hard copy format, the associated Great Kids, Inc. Play with Me! 3 and Play with Me! 4 Parent-Child Activities for Home Visits with 3 & 4 Year Olds™ only for distribution to families served by such purchasing organization’s programs whose supervisors and home visitors have been GKI certified to use the Growing Great Kids Prenatal – 36 Months Curriculum and/or the Growing Great Kids for Preschooler Curriculum™.
As a condition of Your organization’s use of the Play with Me Manuals™ You and all staff, prior to using the Play with Me Manuals™, must attend and be certified to use the Growing Great Kids Prenatal – 36 Months Curriculum and/or the Growing Great Kids for Preschoolers Curriculum during a Seminar officially sanctioned by GKI. GKI reserves all rights in the Curriculum Material not specifically granted to You. You may not alter the printed text or graphics within the Play with Me Manuals. You may not scan or transmit electronically Play with Me Manual Materials. You may not extract Play with Me Manual artwork and/or graphics in the Materials to use for other purposes. You may not remove, alter, or obscure any proprietary notices contained on or within the Play with Me Manual Materials, and shall reproduce such notices on any permitted copies of the Play with Me Manual Materials™, for Program staff or families.
Except for the licenses expressly granted herein, GKI shall retain all rights, title, and interest in and to the Play with Me Manual™ Materials and all intellectual property rights contained therein. Nothing in this Agreement shall transfer or alter ownership of any of the Play with Me Manual Materials. You may not transfer or assign this Agreement or any of the rights granted herein without GKI’s prior written consent.
You and Your use of Curriculum Materials hereunder are restricted to Your employment arrangement with the organization that sponsored (paid for) the Play with Me Manual™ Materials. Should You leave Your employment and either secure subsequent employment with another organization not licensed to implement the GGK™ Curriculum or not accept employment, You are then not authorized to use the Play with Me Manual Materials in that subsequent employment, or as an independent contractor or otherwise. Should You secure subsequent employment with another organization that is licensed to use the Growing Great Kids Curriculum™, your authority under this User License remains valid and in force for use of the Play with Me Manual™ Materials in that subsequent employment. The Play with Me Manual™ Material purchased by the organization that previously sponsored Your Growing Great Kids Curriculum certification training remains the property of that sponsoring organization. However, a subsequent licensed organization employing You is authorized to purchase replacement Play with Me Manual™ Materials for You as their employee, provided that such organization provides GKI, with a copy of Your GGK™ Certification, signed and dated by a Certified GGK™ Trainer.
This Agreement may be terminated by either Party, if the other Party materially breaches any term, warranty or condition of this Agreement and fails to cure such breach within thirty days after receiving written notice of the breach. Upon termination of this Agreement, all of the licenses granted herein shall automatically and immediately terminate except the following paragraphs shall survive the termination of this Agreement for any reason: Ownership, Definition, Termination, Disclaimer, Limitation of Liability, and Indemnity and also any payment obligations incurred prior to the termination of this Agreement shall survive.
DISCLAIMER. GKI DOES NOT WARRANT THAT THE PLAY WITH ME MANUAL MATERIALS™ AND ANY RELATED MATERIAL SHALL MEET YOUR REQUIREMENTS. GKI MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATING TO THE SERVICES OR ANY OTHER MATERIALS OR SERVICES FURNISHED OR PROVIDED UNDER THIS AGREEMENT. GKI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY CLAIM UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY OR THEIR RESPECTIVE LICENSORS, OR CONSULTANTS HAVE ANY LIABILITY AS A RESULT OF THIS AGREEMENT TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE) AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE PARTIES AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK.
To the extent permitted by law, You agree to indemnify, defend and hold GKI harmless from and against any and all losses, claims, damages, demands, proceedings, expenses, and fees, including reasonable attorney fees, included as a result of, or arising out of, or in connection with this agreement, to the extent caused by Your breach of contract, negligence, intentional misconduct or fault.