This Licensing Agreement (the "Agreement") applies to all users of the OnTrack Reading Advanced Code Phonics Program ("Licensed Materials") and is entered into as of the date the order is placed (the "Effective Date") by and between Rodney Everson of OnTrack Reading ("Licensor") and the purchaser ("Licensee"), collectively referred to as the "Parties."
1.1. Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferable, annual license to use the copyrighted digital PDF version of the Licensed Materials for educational purposes only, in accordance with the selected license tier.
2.1. Licensor offers the following license tiers for the use of the digital PDF version of the Licensed Materials, with each license being valid for approximately 15 months (460 days) to accommodate the school/business budgeting process:
- 1-student license for $39.95
- 4-student license for $59.95
- 20-student license for $195.00
- 200-student license for $995.00
2.2. The annual license fee and the maximum number of students served during the 460-day licensing period are determined by the selected license tier, as outlined in Section 2.1.
Terms and Conditions of Use
3.1. Licensee may provide individual printed copies of all or part of the Licensed Materials to the maximum number of students permitted by the selected license tier, or use other media to provide the contents to the permitted number of students (e.g., digital presentations, computer screen, interactive whiteboards), or any combination of printed copies and other media, provided that the total number of students served by all such means does not exceed the maximum allowed by the selected license tier.
3.2. Copies of the Licensed Materials must be produced within the 460-day license period but can be used after the license expires, provided that the total number of students served by all such copies does not exceed the maximum allowed by the selected license tier.
3.3. If Licensee serves more than the permitted number of students, additional license(s) must be purchased.
3.4. The Licensed Materials are for the express use of the Licensee. Distribution of the Licensed Materials, in part or as a whole, to anyone outside the purchasing organization is prohibited, with the exception of the students using the program.
4.4. The license granted under this Agreement may be renewed by visiting the Licensor's website at OnTrackReading.com and purchasing additional digital student licenses of the Advanced Code Phonics Program.
Intellectual Property Rights
5.1. The Licensed Materials are copyrighted and owned by Rodney Everson of OnTrack Reading. Licensee acknowledges and agrees that all intellectual property rights in the Licensed Materials, including but not limited to copyright, shall remain the exclusive property of Licensor.
6.1. This Agreement shall terminate automatically upon the expiration of the 460-day licensing period, unless renewed in accordance with Section 4.4.
7.1. This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.
7.2. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Licensor is located, without regard to its conflict of laws principles.