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E-NEWSLETTER
Parents, Educators & Engineers
Below are the Terms and Conditions for use of the Design Squad videos (the "Videos"). Your access to the Videos and Trademarks (as defined below) in this section cannot be granted unless you indicate that you accept these Terms and Conditions by clicking on the appropriate button at the bottom of this page. ANY USE OF THE VIDEOS AND TRADEMARKS ARE SUBJECT TO AND GOVERNED BY THE LICENSE AGREEMENT CONTAINED HEREIN. The Videos were created for use by after-school providers, engineers, volunteers and administrators, teachers, school administrators, parents and other individuals who work with children in an educational setting. As such, you may use the Videos for the sole purpose of enhancing your local outreach efforts around educational activities for kids. Because the Design Squad name, composite words, logos and images are trademarks of WGBH (the "Trademarks") and your use of the Videos and the Trademarks are subject to this license and must be consistent with the instructions and additional terms and conditions contained within (the "Agreement"). No other uses shall be permitted. You may download only a single copy of the Video that we have designated as available for download to any single computer for personal or non-commercial use at home or in an educational institution. You may not reproduce, modify, re-post on another site or sell any of the contents. You must ensure that your use of the Videos and/or the Trademarks are not used in any commercial tie-in or in a way that seems like Design Squad is endorsing a product, person or entity, or is defamatory. Additional Terms and Conditions: License: WGBH grants to you a nonexclusive, nontransferable, royalty-free, fully-paid license, without the right to sub-license, to use the Videos and the Trademarks solely as stated herein. Use of the Trademarks: You shall use the Trademarks only in the form and manner and with appropriate legends as prescribed herein, and you may not use any other trademark or service mark or confusingly similar trademark or other mark in combination with the Videos and/or Trademarks. Term and Territory: This Agreement shall become effective as of the date you access this Video section, and shall continue in full force and effect until such time as terminated as provided herein. You may use the Videos and/or the Trademarks only within the local community you serve (the "Territory"). Termination: WGBH may immediately terminate this Agreement if: (a) you fail to adhere to the terms contained within; (b) you use the Videos and/or Trademarks in a manner that is inconsistent with the goals and teachings of WGBH's Design Squad program. Upon such termination you shall immediately discontinue all use of the Videos and/or Trademarks and any term confusingly similar thereto and destroy all printed materials bearing the Trademarks that are within your exclusive possession and control. Termination of the license granted by this Agreement shall be without prejudice to any other rights or claims that WGBH may have. Ownership of Trademarks: By your use of the Videos and/or Trademarks you acknowledge that WGBH is the owner of the Videos and Trademarks and you agree that you will do nothing inconsistent with such ownership and that nothing contained within gives you any interest or property right in the Videos and/or the Trademarks except the right to use same as specifically set forth herein; and that all use of the Videos and/or the Trademarks by you shall inure to the benefit of and be on behalf of WGBH. You further agree that nothing in this Agreement shall give you any right, title or interest in the Videos and/or Trademarks other than the right to use the Videos and/or the Trademarks in accordance with this Agreement and you agree that you will not attack WGBH's title to the Videos and/or the Trademarks or attack the validity of this Agreement. Indemnification: You shall indemnify, defend and hold WGBH, its directors, officers, agents, employees, successors and assigns harmless from and against any and all losses, liabilities, claims, costs, expenses and damages, including reasonable attorneys' fees, with respect to any claims, including product liability claims, arising out of your use of the Videos and/or the Trademarks. Injunctive Relief: If you breach any term of this License Agreement and/or your use of the Videos and/or the Trademarks violates any applicable laws and regulations, WGBH shall be entitled to enforce this Agreement through injunctive relief, in addition to damages, and shall be entitled to all attorneys' fees and costs of any actions associated with said violation. Assignment: Neither this Agreement nor any of the rights, interest, or obligations hereunder shall be assigned, directly or indirectly, including, without limitation, by operation of law, by you, without the prior written consent of WGBH. Miscellaneous: Nothing contained in this Agreement shall be construed so as to make the parties hereto partners or joint venturers. The headings in this Agreement are solely for convenience of reference and shall not affect its interpretation. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its provisions regarding conflict of laws. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, promises, representations, understandings and negotiations between the parties, whether written or oral, with respect to the subject matter hereof. A waiver by either party of any term or condition of this Agreement in any instance will not be deemed or construed as a waiver of such term or condition for the future, or any subsequent breach thereof. No modifications or waivers of this Agreement will be binding on either party unless made in a writing that specifically references this Agreement and that is signed by both parties. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force. Contact Information: Design Squad Nation Outreach Coordinator WGBH Educational Foundation 1 Guest Street Boston, MA 02135
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