Ah.oH.Art® License Agreement (ALA)
The “Ah.oH.Art® Client Experience” consists of: (a) the Download Edutainment App and any files that are delivered to you by a ⓝ academy via online transmission or otherwise) to patch, update, or otherwise modify the Download Edutainment App (collectively, the “Edutainment App”); (b) any printed materials and any online or electronic documentation (collectively, the “Documentation”); (c) any and all copies and derivative works of the Edutainment App and the Documentation; and (d) the services provided by the Ah.oH.Art® Client Experience as described in Section 3 of this Agreement. The Ah.oH.Art® Client Experience is the copyrighted work of a ⓝ academy and may contain trademarks, service marks, trade names, and other intellectual property of a ⓝ academy.
a ⓝ academy and you hereby agree as follows:
1. Grant of a Limited Use License.
Subject to your compliance with the terms and conditions of this Agreement, a ⓝ academy hereby grants, and you hereby accept, a limited, non-exclusive license to: (a) install the Ah.oH.Art® Client Experience on only one device, this must be owned by you or under your legitimate control; and (b) engage in non-commercial use of the Ah.oH.Art® Client Experience in the manner and for the purposes described in the Documentation. All rights to use the Ah.oH.Art® Client Experience are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
The license granted above is subject to the limitations set forth below. You will not:
A. in whole or in part, copy, photocopy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Ah.oH.Art® Client Experience, except to the extent required by applicable law;
B. remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Ah.oH.Art® Client Experience;
C. use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Ah.oH.Art® Client Experience, unless authorized by a ⓝ academy in its sole discretion;
D. sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Ah.oH.Art® Client Experience, or authorize all or any portion of the Ah.oH.Art® Client Experience to be copied onto another user’s device except as permitted hereunder;
E. intercept, emulate, or redirect the communication protocols used by the Ah.oH.Art® Client Experience in any way, for any purpose, or engage in any activity that interferes with or disrupts the Ah.oH.Art® Client Experience; or
F. facilitate, create, or maintain any unauthorized connection to the Ah.oH.Art® Client Experience, including without limitation: (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Ah.oH.Art® Client Experience; and (b) any connection using programs or tools not approved by a ⓝ academy in its sole discretion.
You acknowledge and agree that a ⓝ academy has all right, title, and interest in and to the Ah.oH.Art® Client Experience, including any intellectual property rights therein. The structure, organization, and code of the Ah.oH.Art® Client Experience are valuable trade secrets and confidential information of a ⓝ academy. The Ah.oH.Art® Client Experience is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Ah.oH.Art® Client Experience (including without limitation any rights to use the trademarks, trade names, servicemarks, logos, domain names, and other distinctive brand features), and a ⓝ academy reserves all rights not expressly granted to you.
3. Use of the Ah.oH.Art® Client Experience.
When you install and use the Ah.oH.Art® Client Experience, it may scan your device for Edutainment App version installed on it and collect other information regarding your device so that it can inform you what updates to Edutainment App are available, and new popup messages.
You acknowledge that the Ah.oH.Art® Client Experience may connect to the Internet to check for updates to the Ah.oH.Art® Client Experience available via download. Please consult the Documentation for information about changing the default settings for checking for and downloading updates to the Ah.oH.Art® Client Experience.
4. Warranty Disclaimer
THE Ah.oH.Art® Client Experience IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. a ⓝ academy DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE Ah.oH.Art® Client Experience. a ⓝ academy MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Ah.oH.Art® Client Experience IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5. Limitation of Liability
EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT WILL a ⓝ academy BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF a ⓝ academy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. a ⓝ academy’s AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE Ah.oH.Art® Client Experience, IF ANY.
You will indemnify, defend, and hold a ⓝ academy and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “a ⓝ academy Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any of the a ⓝ academy Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Ah.oH.Art® Client Experience; any use or alleged use of your login information by any person, whether or not authorized by you; your violation of this Agreement; or your violation of the rights of any other person or entity. a ⓝ academy reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify a ⓝ academy, and you will cooperate with a ⓝ academy’s defense of these claims.
This Agreement is effective until terminated. You may terminate the Agreement at any time by irretrievably erasing, deleting, or destroying all copies of the Ah.oH.Art® Client Experience in your possession or control. a ⓝ academy may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, the license granted in Section 1 will immediately terminate. The provisions in Sections 2, 3, 4, 5, 6, 9, 11 and 12 will survive any termination.
8. Export Controls.
You will not ship, transfer, or export the Ah.oH.Art® Client Experience into any country or use the Ah.oH.Art® Client Experience in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, “Export Laws”). In addition, if the Ah.oH.Art® Client Experience is identified as export-controlled under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Ah.oH.Art® Client Experience.
9. Injunctive Relief; Attorneys’ Fees.
You acknowledge and agree that a ⓝ academy will be irreparably damaged if the terms of this Agreement are not specifically enforced, and therefore you agree that a ⓝ academy will be entitled, without bond, other security, or proof of damages, to injunctive relief or other appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as a ⓝ academy may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by the prevailing party in the litigation.
10. Changes to Terms.
a ⓝ academy may make changes to this Agreement from time to time. When these changes are made, a ⓝ academy will make a new copy of the ALA available at http://an.academy/welcome/ah-oh-art/ALA_english. You acknowledge and agree that if you install, copy, or use the Ah.oH.Art® Client Experience after the date on which the ALA or Account Terms have changed, a ⓝ academy will treat your installation, copying, or continued use as acceptance of the updated ALA or Account Terms. If any future changes to the ALA or the Account Terms are unacceptable to you or cause you to no longer be in compliance with this Agreement, you should terminate your use of the Ah.oH.Art® Client Experience as provided in Section 7.
a ⓝ academy may modify, suspend, or discontinue the Ah.oH.Art® Client Experience at any time without notice or liability. a ⓝ academy may in the future add additional features to the Ah.oH.Art® Client Experience that require payment or convert existing features of the Ah.oH.Art® Client Experience to paid services. You have no interest, monetary or otherwise, in any feature or content contained in the Ah.oH.Art® Client Experience.
11. Governing Law.
Except as otherwise set forth herein, this Agreement will be governed by, and will be construed under, the laws of the United States of America and the laws of the State of California, without regard to their conflicts of law principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to exclusive jurisdiction in the state and federal courts in San Francisco, San Francisco County, USA for all disputes arising from this Agreement. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that the ALA will coexist with and will not supersede, the Account Terms. To the extent that the provisions of the ALA conflict with the Account Terms, the Account Terms will govern. If any provision of this Agreement is found to be unenforceable, that provision will be severed and the remainder of the Agreement shall be given full force and effect. Waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You are not permitted to assign this Agreement, and any unpermitted assignment will be void.
You hereby acknowledge that you have read and understood this Agreement and agree that by clicking “Accept” or by installing, copying, or using the Ah.oH.Art® Client Experience you are acknowledging your agreement to be bound by this Agreement.
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