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    *NOTE: All versions also include 'Custom' curriculum

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  4. Unit and Rubric Planner 2.0 Copyright (c) 2012, 2013, 2014 Digital Learner Solutions
    *** END USER LICENSE AGREEMENT ***
    IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
    1. LICENCE
    By registering and/or using Unit and Rubric Planner 2.0 ("Software"), you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different license agreement signed by Digital Learner Solutions your use of Unit and Rubric Planner 2.0 indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, Digital Learner Solutions grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Unit and Rubric Planner 2.0 in accordance with this Agreement and any other written agreement with Digital Learner Solutions. Digital Learner Solutions does not transfer the title of Unit and Rubric Planner 2.0 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Digital Learner Solutions and the purchasers or users of Unit and Rubric Planner 2.0. If you do not agree to be bound by this agreement, do not complete the registration for a Unit and Rubric Planner account.
    2. DISTRIBUTION
    Unit and Rubric Planner 2.0 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Unit and Rubric Planner 2.0 contact Digital Learner Solutions.
    3. USER AGREEMENT
    3.1 Use
    Your license to use Unit and Rubric Planner 2.0 is limited to the number of licenses purchased by you. You shall not allow others to use your account, nor can you share your username and password of Unit and Rubric Planner 2.0.
    3.2 Use Restrictions
    You shall use Unit and Rubric Planner 2.0 in compliance with all applicable laws and not for any unlawful purpose. The use of Unit and Rubric Planner 2.0 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
    Each licensed copy (one registration code) of Unit and Rubric Planner 2.0 may be used by one user. The assignment, sublicense, networking, sale, or distribution of Unit and Rubric Planner 2.0 accounts are strictly forbidden without the prior written consent of Digital Learner Solutions. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Unit and Rubric Planner 2.0.
    3.3 Copyright Restriction
    This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Unit and Rubric Planner 2.0. Nor can you create any derivative works or other works that are based upon or derived from Unit and Rubric Planner 2.0 in whole or in part. Digital Learner Solutions's name, logo and graphics file that represents Unit and Rubric Planner 2.0 shall not be used in any way to promote products developed with Unit and Rubric Planner 2.0 . Digital Learner Solutions retains sole and exclusive ownership of all right, title and interest in and to Unit and Rubric Planner 2.0 and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Unit and Rubric Planner 2.0, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Digital Learner Solutions. Use of Unit and Rubric Planner is strictly of educational, non-commercial purposes. Common Core, Ontario and Saskatchewan Curriculum are protected by Canadian and American copyright laws and international treaties. You must treat the Curriculum documents like any other copyrighted material.
    You agree to not:
    - distribute curriculum documents, except for educational purposes;
    - modify or adapt the any portion of the curriculum documents for any purpose other than educational purposes deemed fair use under Canadian and American copyright laws.
    You acknowledge that Digital Learner Solutions does not pre-screen submitted content, but that Digital Learner Solutions reserves the right to remove, without notice, any content we deem to be in violation of copyright law, local or international law or content not suitable for educational purposes or audiences of minors. You are entirely responsible for all content that you upload, post or otherwise transmit via the Unit and Rubric Planner Website. You must at all times comply with local and international copyright law.
    If You Do Not Comply With Any Of These Terms And Conditions, Digital Learner Solutions May Terminate Your Licence.
    3.4 Limitation of Responsibility
    You will indemnify, hold harmless, and defend Digital Learner Solutions , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Digital Learner Solutions's Software. In no event (including, without limitation, in the event of negligence) will Digital Learner Solutions , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Unit and Rubric Planner 2.0 or the use or inability to use Unit and Rubric Planner 2.0 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Digital Learner Solutions's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Digital Learner Solutions ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Digital Learner Solutions.
    3.5 Warranties
    Except as expressly stated in writing, Digital Learner Solutions makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
    3.6 Governing Law
    This Agreement shall be governed by the law of the Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Canada therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
    3.7 Termination
    Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Unit and Rubric Planner 2.0. The financial obligations incurred by you shall survive the expiration or termination of this license.
    4. DISCLAIMER OF WARRANTY
    THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Unit and Rubric Planner 2.0 AS WELL.
    5. CONSENT OF USE OF DATA
    You agree that Digital Learner Solutions may collect and use material created and submitted marked as shared, and may make said material available in the shared bank of materials.

     
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