GuitarCurriculum.com Licensing Agreement
Austin Classical Guitar (‘ACG’) publishes the GuitarCurriculum.com Classroom Guitar Curriculum. ACG has developed GuitarCurriculum.com (hereafter called 'Service'), and grants the Subscribing Institution (hereafter called 'Subscriber') license for access during the period for which the subscription has been paid subject to the terms and conditions contained in this Agreement.
USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF SUBSCRIBER OR AUTHORIZED USERS DO NOT WISH TO BE BOUND BY THIS AGREEMENT AND THE OPERATING POLICIES, DO NOT USE THE SERVICE.
1. Subscription Period. Subscription is for one (1) year, or as determined at onset. Subscription must be renewed before the expiration date to maintain uninterrupted access to the Service. See Section 9 for Termination information.
2. Service Changes. ACG may change or discontinue any aspect of the Service during the subscription period. Substantive changes to the content or features of the Service, or any changes to the terms and conditions of use, will be communicated to the Subscriber 30 days in advance of implementation via the means set forth in Section 8, with the provision for termination by the Subscriber accompanied by a pro-rated refund of the fees paid for the remainder of the subscription period. In the event of non-response by the end of the notice period, Subscriber use of the Service shall be deemed to constitute acceptance by Subscriber of such changes. Changes to the licensing agreement will be issued as an Addendum, and agreed to by both parties.
3. Authorized Users. In the event that the subscriber requests multiple licenses, subscriber will designate Authorized Users within a single account. Authorized Users include (i) the employees, faculty, staff, and students officially affiliated with Subscriber, (ii) persons affiliated with remote sites or campuses of subscribing institution. Sharing this resource with non-subscribing institutions or individuals is not permitted.
4. Subscriber Obligations. Subscriber's Account Manager or designee must inform ACG promptly of changes in the registration information, including change of mailing address, email address, telephone number, etc., via the means set forth in Section 8. Subscriber may not resell, assign, or transfer a subscription, use of service, or any content. Subscriber agrees to pay all subscription fees. Subscriber will be held responsible for any unauthorized use of Subscriber's account of which it is aware until ACG is notified. Current fees and charges are posted on the ACG website.
Subscriber is required to make all reasonable efforts to notify its Authorized Users of the permitted and prohibited uses (Section 5). Subscriber is responsible for taking reasonable measures to prevent access by unauthorized persons to its IP address(es) and/or user name and password, and is responsible for terminating any unauthorized access of which it has actual notice or knowledge. Subscriber will not be held responsible for uses of the Service that are contrary to the guidelines stated in Section 5, provided that such uses are without its express or implied consent, and provided that it promptly notifies ACG of any such use of which it becomes aware and takes all reasonable steps to terminate such activity. Subscriber agrees to cooperate with ACG in any investigation of unauthorized access or use. ACG will not bring an action against an Authorized User without first consulting Subscriber.
5. Copyright and License of Service Content. The entire contents of the Service are copyrighted as a collective work under the United States copyright laws. ACG does not claim copyright in U.S. government information. ACG grants Subscriber a nonexclusive, revocable, nontransferable right and license to access and use the Service made available to Subscriber on the Internet via Subscriber's contracted method of access and to permit Subscriber's Authorized Users to access the Service.
Use of the Service should be for the purposes of classroom instruction. During Subscription period Authorized Users may download, store on a PC, or print out unlimited copies of documents from the Service for his/her own educational activities, including use in the ordinary course of Authorized User’s business or profession, provided user maintains all copyright and other notices contained in such material.
Subscriber may not (i) redistribute that material over any network (including any local area network), (ii) sell that material, or (iii) offer for sale that material. Subscribers may not post any downloaded material to any other online service (including any bulletin board or the Internet) without the express permission of the copyright holder. For classroom use, Subscriber may make unlimited machine-readable copies.
Documents may be forwarded only to other Subscriber members. Electronic ACG documents may not be redistributed over any network or posted for general access (e.g., on a bulletin board or the Internet); sold; or offered for sale. Materials from the Service may not be recompiled, manipulated, used to prepare derivative works, or published in another format, without the express written consent of ACG.
All materials received through the Service may be used only during the active subscription period. Subscribers agree to cease use of all Service materials upon termination of subscription.
Products resulting from any requests or suggestions for improvement from users made through GuitarCurriculum.com, will be the sole property of ACG.
6. Disclaimers and Limitation of Liability. ACG does not make any warranties, express (except as expressly provided herein) or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Service, any information or software published on the Service, or any products or services sold through the Service.
ACG intends to take prudent measures to screen files for infection by viruses, worms, Trojan horses, or other code manifesting contaminating or destructive properties before making such files available for downloading. ACG cannot and does not guarantee or warrant that such files will be free of such properties. The Service is provided on an “as is, as available” basis. Further, ACG does not warrant that the functions or services performed by the Service will be uninterrupted or error free, but will take reasonable steps to correct defects in the Service.
ACG and its Content Providers do not guarantee the accuracy or completeness of any Service database, or of the information contained in any such database, or its merchantability or fitness for a particular purpose. ACG and the Content Providers do not endorse and are not responsible for any statement, opinion, and advice given or made on the Service by anyone other than authorized ACG and/or Content Provider spokespersons.
The entire risk as to the quality and performance of the Service, the quality of any related services, and the accuracy of any information, or quality of any software published on the Service is with the Subscriber and Authorized Users.
In the event, due to causes beyond its reasonable control, ACG is unable to provide Subscriber with access to the system for a period exceeding 24 consecutive hours, and Subscriber timely objects, ACG agrees to extend the license period for corresponding 24 hour (one day) increments at no additional cost to the Subscriber. Any claim against ACG shall be limited to such credit. In no event will ACG or its Content Providers be liable (i) for any incidental, consequential or indirect damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Service, or any information provided on the Service, or (ii) for any claim attributable to errors, omissions or other inaccuracies published on the Service.
7. Third Party Rights. The provisions regarding Disclaimers and Limitation of Liability are for the benefit of ACG and its Content Providers and their respective licensors, employees and agents. Each shall have the right to assert and enforce those provisions against Subscriber.
8. Notices. ACG may deliver notices regarding the Service by electronic mail, on the Internet, or by written communication to Subscriber's Account Manager address.
Subscribers may give notice to ACG by letter sent by fax to (512) 323-9211 or by mail to ACG, PO Box 4072, Austin, TX 78765, except as limited by Section 10 of this Agreement.
9. Termination. This Agreement may be terminated at any time for any reason by either party with 30 days written notice specifying the grounds for termination, delivered as described in Section 8 of this Agreement, except that ACG may terminate this Agreement immediately for violations of Section 5. The provisions regarding Disclaimers and Third Party Rights shall survive.
10. General Provisions. Any provisions in any memorandum received by ACG in connection with the Service which is inconsistent with, or adds to, the provisions of thisAgreement is void. Neither parties' course of conduct or trade practice will modify the terms of this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect.