License and Policy Terms/Conditions for Educational Institution or Organization
A purchase of the DVD series Who Knows One: Jewish Perspectives on God (“Program”) from Make it Even Productions, Inc. (“MIE”) or its distributor, Infomedia Judaica, Ltd (“ImJL”) provides a limited, non-exclusive license to use Program subject to specific terms, restrictions, and limitations of use (“License”). A placed order constitutes Purchaser, _____________________________’s (hereinafter referred to as “Licensee”) acceptance of all MIE licensing terms and conditions.
Without prior express written permission from MIE or ImJL to the contrary, Licensee acknowledges and agrees that:
- Program is licensed exclusively for use by an authorized Licensee. Under this agreement, an authorized Licensee is an educational institution, organization, or individual, and the intended use of Program is internal; that is, exclusively within the Licensee institution or organization. Licensee may not allow Program to be made accessible to any unauthorized users, nor to be accessible or otherwise exhibited via the Internet or any other publicly accessible means.
- Program is provided to Licensee in the form of seven Video DVDs and one CD-ROM containing supplemental materials. This License applies to Licensee’s use of Program.
- Licensee is not authorized to reproduce, distribute, prepare any derivative works based upon, or authorize any other party to reproduce, distribute, or prepare derivative works based upon Program.
- Licensee may not alter Program as delivered in any manner.
- Additional license and policy terms/conditions may apply to Licensee license on an individual case-by-case basis, at the sole discretion of MIE.
- Orders are subject to applicable shipping charges and applicable sales tax; contact ImJL for details.
- Program is copyrighted and protected under United States and international copyright laws. MIE retains all rights in and to Program and any supporting files and/or documents. ALL RIGHTS RESERVED.
- MIE and ImJL reserve the right to decline preview or purchase requests, and to limit quantities.
- All prices and terms subject to change without notice, at the sole discretion of MIE.
- MIE and ImJL are not responsible for typographical errors.
- All sales are final.
- Client is responsible for payment to MIE or ImJL in a timely, commercially reasonable manner.
- MIE reserves the right, at any time and at its sole discretion and with or without cause, to terminate, suspend or otherwise revoke any License previously granted for any reason whatsoever, including, without limitation, if MIE believes that Licensee or its user(s) have violated or acted inconsistently with the letter or spirit of MIE’s complete license and policy terms and conditions. Any such action may be effected without prior notice.
- This Agreement shall be governed by and construed in accordance with the laws of the State of New York in the United States of America. Any disputes arising out of or related in any way to this Agreement, its performance or breach, including but not limited to actions seeking equitable relief, shall be brought exclusively in the courts of New York County, New York, or the United States District Court for the Southern District of New York.
- Nothing contained in this Agreement shall constitute or be construed to create a partnership or joint venture between Licensee and MIE or ImJL, or to make either party jointly liable with the other for any obligation arising out of the activities and services contemplated by this Agreement. Neither party may be held liable for the acts of either omission or commission of the other party, and neither party is authorized to act on behalf of nor has the power to obligate or bind the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever, except as may be expressly provided herein.
- Waiver by either party of any term or condition of this Agreement or any breach shall not constitute a waiver of any other term or condition or breach of this Agreement.
- If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be impaired or affected thereby.
Disclaimers/Limitation of Liability:
Licensee’s use of program, including but not limited to its information content and any software provided by MIE or ImJL, is at Licensee’s own risk.
MIE and ImJL make no representations whatsoever about the suitability, reliability, usability, availability, timeliness, completeness, and/or accuracy of Program, including but not limited to its information content, for any purpose.
Program and all related equipment, software, information content, services, and all other content thereof are provided “as is” and “as available” and with all faults, without warranty of any kind, whether express or implied, to the maximum extent permitted by law. MIE and ImJL, to the fullest extent permitted by law, disclaim all warranties that access to or use of or operation of Program will be uninterrupted or error-free, or that the program, its software, services, information, content, or related equipment or services will meet any particular criteria of performance or quality. MIE and ImJL hereby disclaim all warranties and conditions with regard to Program and all related services, software, information content, and equipment, including without limitation, duties or conditions of merchantability; of fitness for a particular purpose; of accuracy or completeness of any information content, software, and the like; of workmanlike effort; and of lack of negligence and the provision of or failure to provide support services, title and non-infringement. If Licensee’s use of Program results in the need for servicing or replacing equipment or data, MIE and ImJL are not responsible for those or any other related costs.
In no event shall MIE or ImJL be liable to Licensee, any user, or any other third-party for any direct, indirect, punitive, incidental, special, exemplary or consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, loss of data, or loss of profits, arising out of or in any way connected with:
- the use, content, or performance of the programs; or
- the provision of or failure to provide services,
whether based on warranty, contract, tort, negligence, strict liability or otherwise, or any other legal theory, even if MIE and/or ImJL are or have been advised of the possibility of damages.
Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or give any person other than MIE, ImJL and Licensee, their successors and assigns, any rights or remedies under or by reason of this Agreement.
This Agreement constitutes the entire agreement between Licensee (and its individual users) and Make It Even Productions, Inc. and between Licensee and Infomedia Judaica, Ltd. with respect to the use of Program and it supersedes all prior or contemporaneous communications and proposals, whether oral or written or electronic, between the parties and their officers, directors or employees relating to the subject matter of this Agreement. All original content of Program is Copyright Make It Even Productions, Inc., 19785 West 12 Mile Road, Suite 521, Southfield, MI 48076-2584, USA. All rights reserved. Any rights not expressly granted herein are reserved.
This Agreement may be amended only by an instrument in writing executed by both parties.