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Emergenetics International Minecraft Education
End User License Agreement

This End User License Agreement (“Agreement”) governs your access to and acquisition and use of the services provided through the Emergenetics International’s Moon Base Rescue™ (the “Curriculum”), and any and all Content, as defined below, materials, services, information, and data hosted or transmitted by Emergenetics International in connection with the Curriculum, as provided by Browning Group International, Inc. d/b/a Emergenetics International (“Emergenetics”,“us”, “our”, or “we”) directly or indirectly through an authorized reseller or distributor (“Distributor”). Your access to and use of the Curriculum and Content are conditioned on your acceptance of and compliance with this Agreement. Please read this Agreement carefully.

1. Acceptance of Terms and Conditions.
   1. By accessing or using the Curriculum you agree to be bound by this Agreement. You will use the Curriculum in a manner consistent with applicable laws and regulations and in accordance with this Agreement. If you are dissatisfied with the Curriculum, Content, or this Agreement, you agree that your sole and exclusive remedy is to discontinue your use of the Curriculum. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions.
   2. You acknowledge and accept that your use of the Curriculum is at your sole risk. You represent you have the legal capacity and authority to accept this Agreement and you understand that some of this Agreement may not apply to you but all the terms thereof are nonetheless binding. As the rightful owner or licensor of the Curriculum, we reserve the right to change or terminate this Agreement at any time and from time to time without any notice to you. Any such changes are automatically made part of this Agreement and are fully enforceable on you.
2. License. We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, access, and use the Curriculum and Content on your devices and with such users as authorized by the form and type of use package purchased by you for use of the Curriculum (“Authorized Users”) and strictly in accordance with the terms of this Agreement. You will not utilize your authorization and access to the Curriculum and Content to allow anyone access to the Curriculum and Content that is not an Authorized User.
3. Ownership. The Curriculum and associated Content is the owned or appropriately licensed property of Browning Group International, Inc. d/b/a Emergenetics International. "Content" includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible in connection or association with the Curriculum. The Content is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered. We reserve all applicable rights in and to the Curriculum and Content. Systematic retrieval of data or other content from the Curriculum to create or compile, directly or indirectly, a collection, compilation, recreation, database, or directory of the Curriculum materials is prohibited except as provided for herein. Nothing contained in the Curriculum or Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property contained or displayed in the Curriculum or Content without our written permission or such third party that may own such intellectual property. Your use of the intellectual property contained in the Curriculum or Content, except as provided herein, is strictly prohibited. Any unauthorized use of the content or materials contained in the Curriculum or Content may violate applicable laws, regulations, and/or statutes.
4. Account and Account Security. To use certain features of our Curriculum or Content, you will be required to create a user account (“Account”) with Minecraft Education. This account is not associated with Emergenetics. We do not store, manage, or update Minecraft Education accounts. View the Minecraft Education End User License Agreement for more information.
5. Maintenance. To the extent that any maintenance or support is required by applicable law, we may provide support for the Curriculum but Distributor has no obligation to furnish any maintenance and support services with respect to the Curriculum.
6. Prohibitions. You may not: (a) reverse engineer, decompile, tamper with, or create derivative works of the Curriculum or Content; (b) change, modify, or alter the Curriculum or Content; (c) circumvent any protections that are a part of the Curriculum; (d) use the Curriculum for any illegal purpose; (e) collect any information about any other user of the Curriculum through the Curriculum; (f) use the Curriculum to violate any legal right of any third party; (g) use any automated means to access or use the Curriculum (including scripts, "bots" or similar software); (i) duplicate, reproduce, publish, display, distribute, or create derivative works of the Content through any means, except as provided for herein; or (h) rent, lease, sell, assign, transfer, sub-license, or convey the Curriculum or any portion thereof for any purpose.
7. The Curriculum, and all Content, are protected by applicable law, including copyright law, and you are explicitly advised that any use of the Curriculum and Content in violation of the law is prohibited. You may use the Curriculum and Content for such use, and with such Authorized Users, as dictated and authorized at the time of your purchase of the applicable Curriculum license. The Curriculum and the Content may not be modified, duplicated, reproduced, transmitted, sold, or otherwise exploited for commercial use. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted Content not owned, or duly licensed, by you is against the law. Use of the Curriculum or Content for any purpose not expressly provided for herein is prohibited.
8. User Conduct.You represent, warrant, and agree that no materials of any kind submitted or otherwise created, used, posted, transmitted, or shared by you or others through you on or through the Curriculum will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to use the Curriculum:
   1. To take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Curriculum or the intellectual property rights owned or licensed by us as described elsewhere herein;
   2. To upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
   3. To interfere with or disrupt the Curriculum or servers or networks connected to the Curriculum, or disobey any requirements, procedures, policies, or regulations of networks connected to the Curriculum;
   4. To use any electronic communication feature of the Curriculum for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; or
   5. For any commercial purpose not expressly approved by us in writing. You will not use the Curriculum to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
9. Digital Millennium Copyright Act. We comply with all copyright laws including the Digital Millennium Copyright Act (“DMCA”). If you believe the Curriculum, Content, or any portion thereof, violates any copyright that you own or control, submit notification to us at the address provided in the “Contact” section that includes:
   1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works claimed to have been infringed;
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
   4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted;
   5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
   6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
10. Privacy Policy. The information we obtain through your use of the Curriculum and Content is subject to our Privacy Policy which is specifically incorporated by reference into this Agreement.
11. Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Curriculum, with or without notice and for any reason, including breach of this Agreement. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Curriculum and reporting you to the proper authorities. You may terminate this Agreement only by deleting the Curriculum and all copies thereof from your devices. Upon any termination of this Agreement, you shall cease all use of the Curriculum and delete all copies of the Curriculum from your devices. Any part of this Agreement intended to apply following termination will so apply.
12. Disclaimer of Warranty. The Curriculum and Content are provided “as is”, with all faults and without warranty of any kind. We hereby disclaim all warranties with respect to the Curriculum and Content either express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. We do not warrant, guarantee, or make any representations that the Curriculum or Content are reliable, secure, or accurate, that they will meet your needs or requirements, that the Curriculum or Content will be available at any particular time or location, that any defects or errors will be corrected, or that the Curriculum or Content will be free of viruses or other harmful components. You use the Curriculum at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of this Agreement and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you but they shall apply to the maximum extent permitted by law.
13. Limitation of Liability. You hereby agree that we, along with our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, injury, death, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Curriculum or Content, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Curriculum or Content; and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you but they shall apply to the maximum extent permitted by law.
14. Indemnification. You hereby indemnify and hold us, our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of this Agreement or in connection with any use of the Curriculum or Content including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Curriculum or Content.
15. Third Party Terms of Agreement. You, and all Authorized Users, must comply with any and all applicable third-party terms of agreement when using the Curriculum or Content.
16. Severability. If any provision of this Agreement is found unenforceable or illegal, we may reform such provision to make it enforceable and legal or such provision may be severed and in either case this Agreement with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of this Agreement shall not be considered a waiver.
17. Dispute Resolution. We hope to address all of your claims through good faith negotiation and ask that you contact us at the address listed in the Contact section with any issues you may have regarding the Curriculum or this Agreement. Any dispute, controversy, or claim arising out of or related to this Agreement, or the breach thereof, which cannot be resolved by good faith negotiation between the parties shall be settled by binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Denver, Colorado. Any resulting resolution may include the award of related fees and costs, including reasonable attorneys' fees, and may be entered in any court of competent jurisdiction.
18. Controlling Law. This Agreement shall be governed by the laws of the State of Colorado and of the United States. Subject to the arbitration requirement above, all claims, legal proceedings, or litigation arising in connection with the Curriculum or Content will be brought solely in the courts located in Denver, Colorado and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
19. Entire Agreement. This Agreement constitutes the entire agreement between you and us relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any portion of this Agreement. We may assign all or any portion of this Agreement in our sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of this Agreement shall be binding unless executed and confirmed in writing by us.
20. Contact. If you have any questions regarding this Agreement, please contact:
    Browning Group International, Inc. d/b/a Emergenetics International
    2 Inverness Drive East, Suite 188
    Centennial, Colorado 80112
    Online Contact Form