INSTITUTIONAL LICENSE AGREEMENT

 

Course Stacker for BlackBoard

© 2014. All Rights Reserved

 

BY INSTALLING OR USING THIS SOFTWARE, YOU INDICATE ACCEPTANCE OF AND AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO ANY PART OF THE TERMS OF THIS LICENSE, DO NOT INSTALL, USE OR DISTRIBUTE THIS SOFTWARE.

 

This end-user license agreement is a legal agreement between you (either an individual or an entity), and Nanook Innovation Corporation for the Course Stacker software application, source code, demos, intermediate files, printed materials, and "online" or electronic documentation contained in this installation file. For the purpose of this agreement, the purchased software program(s) and supporting documentation will be referred to as the "Software".

 

The enclosed Software is licensed, not sold.

 

GRANT OF LICENSE

This License Agreement grants you the following:

Software may be used by one corporate entity, institution, or government agency (“institution”) who has licensed Ellucian’s Blackboard software.  You may use this software on one or more computers, and one or more developers may maintain the software at the institution.

 

DESCRIPTION RIGHTS AND LIMITATIONS

In consideration of the agreement of LICENSEE to pay royalties, the Nanook Innovation Corporation grants a non-exclusive license with the right to install and use Software at one (1) institution. Employees of the institution may make multiple copies for use on the institution’s servers as long as this software may only be accessed by employees or students of the institution, and no third parties. 

 

You may not:

-Distribute and resell Software or any derivative work using it;

-Transfer, assign, or modify Software, in whole or in part;

-Reverse engineer, decompile, or disassemble Software;

-Transfer the License to any other party or affiliate.

-Remove or alter any copyright notices or other proprietary markings on any copies of Software.

 

Only the legally registered Institution and employees or students of that institution are licensed to use Software, subject to all of the conditions of this agreement.

 

TRANSFER

You may not transfer Software to any individual or entity without prior acceptance by Nanook Innovation Corporation. In particular, you may not share copies of the Software with any other Institution.

 

TERMINATION

Nanook Innovation Corporation may immediately terminate this agreement without notice or judicial resolution in the event of any failure to comply with any provision of this License. Upon such termination you MUST destroy Software, all accompanying written materials and all copies.

 

WARRANTY

Software and documentation is provided "AS IS" without warranty of any kind. Nanook Innovation Corporation makes no warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose or use. Nanook Innovation Corporation will not be liable for loss while using or misusing this software.

 

INDEMNIFICATION

LICENSEE must indemnify, hold harmless and defend (at its expense) Nanook Innovation Corporation, its officers, employees, and agents, UA, the sponsors of the research that led to INVENTION, the inventors of the software and their respective employers from and against any and all liability, losses, damages, costs, fees and expenses finally awarded in an arbitration or by a court of competent jurisdiction from which there can be no appeal, or agreed to by Licensee in a written settlement, resulting from or arising out of a third party claim or suit based on exercise of this license. 

 

COPYRIGHT

The Software is owned by Nanook Innovation Corporation and is protected by international copyright laws and treaty provisions. You may not remove the copyright notice from any copy of Software or any copy of the written materials, accompanying the Software.

 

AUTHORITY TO PURCHASE ON BEHALF OF INSTITUTION

Your Represent that you have the authority to purchase a license on behalf of your INSTITUTION, and that you are a representative of that institution. Further, you authorize Nanook Innovation Corporation to contact you via email or other methods for the duration of this license.

 

APPLICABLE LAW

The laws of the United States and the State of Alaska shall govern this Agreement. Any legal dispute related to this Agreement must be filed in state court in the Fourth Judicial District of Alaska.

 

SEVERABILITY

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

 

ENTIRE AGREEMENT

You agree that this Agreement sets forth the sole and entire understanding between your Institution and Nanook Innovation Corporation with respect to this Agreement, and merges and supersedes all prior oral and written agreements, discussions, and understandings, express or implied, concerning all matters related thereto. This Agreement may not be modified, amended or cancelled, in whole or in part, except by written agreement signed by both parties.