Product Use Agreement

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WITNESSETH:

WHEREAS, LICENSOR represents that it is the owner of the entire right, title, and interest in and to the copyright of the original work of authorship entitled:

  • Next Generation Graphic Organizers for Teaching and Assessing the Common Core State Standards for Informational and Literary Texts: ELA 3-5; OR
  • Complex Texts for Teaching and Assessing the Common Core State Standards: Literary Texts 3-5; OR
  • Complex Texts for Teaching and Assessing the Common Core State Standards: Informational Texts 3-5; OR
  • Next Generation Graphic Organizers for Teaching and Assessing the Common Core State Standards for Informational and Literary Texts: ELA 6-8; OR
  • Complex Texts for Teaching and Assessing the Common Core State Standards: Literary Texts 6-8; OR
  • Complex Texts for Teaching and Assessing the Common Core State Standards: Informational Texts 6-8; OR
  • Next Generation Graphic Organizers for Teaching and Assessing the Common Core State Standards for Informational and Literary Texts: ELA 9-12; OR
  • Complex Texts for Teaching and Assessing the Common Core State Standards: Literary Texts 9-12; OR
  • Complex Texts for Teaching and Assessing the Common Core State Standards: Informational Texts 9-12; OR
  • Next Generation Graphic Organizers and Instructional Snapshots for Teaching and Assessing the Texas Essential Skills and Knowledge: English-Middle School; OR
  • Next Generation Graphic Organizers and Instructional Snapshots for Teaching and Assessing the Texas Essential Skills and Knowledge: English-High School.

WHEREAS, LICENSEE desires to acquire a license to exercise certain license rights with respect to the LICENSED WORK under the terms and conditions set forth below;

NOW, THEREFORE, for and in consideration of the mutual covenants and obligations hereinafter set forth, and of good and valuable consideration receipt of which is hereby acknowledged, the parties intending to be legally bound do hereby agree as follows:

1. Grant of License

(a) LICENSOR grants to LICENSEE a non-exclusive license in and to the LICENSED WORK in the United States to reproduce and make copies of the LICENSED WORK for use in the classroom only. LICENSEE agrees that each copy of the LICENSED WORK shall only be reproduced for or made available to students of LICENSEE for classroom instruction and homework only.

(b) Both Parties agree that the license, under Paragraph (a) above, does not include the right of the LICENSEE to sublicense the LICENSED WORK and no right is granted to reproduce the LICENSED WORK electronically or in any other medium.

2. Restrictions

The LICENSED WORK contains copyrighted material and other proprietary material. In order to protect these rights, except as permitted herein and by applicable legislation, LICENSEE is prohibited from the following: modifying, renting, lending, leasing, loaning, distributing, and/or preparing or creating derivative works based upon the LICENSED WORK in whole or in part.

3. Royalty Calculation

(a) LICENSEE agrees to pay LICENSOR a licensing fee for the total number of copies of the LICENSED WORK, as provided in Section 1(a), as follows: said advertised price on the LICENSOR website.

(b) LICENSEE agrees to pay the royalty in one lump sum payable to LICENSOR on the Effective Date of this Agreement or within 30 days of receipt.

4. Breach

If LICENSEE fails to comply with any provision of this License agreement, LICENSEE agrees to pay LICENSOR its attorneys fees, costs, and any other fees arising out of, relating to, or from the breach of this license and enforcement thereof. Furthermore, if LICENSEE reproduces copies
for reasons that extend beyond the licensed in Section 1(a), LICENSEE agrees, in addition to the other legal remedies available to LICENSOR, to pay LICENSOR the sum of Ten Dollars ($10.00) for each copy of each page of the LICENSED WORK that exceeds the total number of copies licensed herein.

5. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the state in which the LICENSED work is used. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.

Name of LICENSEE
(School or District Personnel)

Signature of LICENSEE

Title of LICENSEE
(School or District Personnel)

Date

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FOR INTERNAL USE ONLY

Name of LICENSOR or
(Educational Epiphany Representative)

Signature of LICENSOR

Title of LICENSOR or
Educational Epiphany Representative

Date