Class Licensing

Licensing Agreement

This License Agreement (“Agreement”) is a legal agreement by and between You and the Irrigation Foundation (“Foundation”), on behalf of itself and the Irrigation Association (“IA”). By opening the CD, You agree to be bound by the terms and conditions of this Agreement.

 

As used herein, the term “Work” shall mean the educational PowerPoint presentation, student manual, teaching outline, course objectives, room set-up, and related materials created and owned by the Irrigation Foundation, and all modifications, amendments, and updates to the Work as may be created, made, or developed by the Foundation from time to time. In consideration of your payment of a license fee to the Irrigation Foundation , and for other good and valuable consideration.

 

You agree as follows:

  1. You are granted a limited, non-assignable, non-exclusive, revocable license to use the Work, and reproduce and distribute the Work to employees and customers in the course of Your training activities. Notwithstanding the foregoing, The Irrigation Foundation shall be the sole and exclusive owner of the Work and all intellectual property rights, including copyrights, therein (collectively “IP”), and all revisions, modifications, customizations, and updates that may be made to the Work by the Foundation or by You as permitted hereunder from time to time, and nothing herein grants You any ownership of, or IP rights in, the Work.
  2. You may use the Work solely for “face-to-face” educational purposes, in the course of employee and customer training, and for any other internal or commercial purpose.
  3. You may install, use, access, store, display and run one copy of the Work on a single computer, such as a workstation, terminal or other device (“Workstation Computer”), solely to display it internally and to make identical paper copies for internal use and distribution to Your employees and customers in the course of Your educational activities. The Work may not be installed, used, accessed, stored, displayed, or run on or by more than a single Workstation Computer at any one time.
  4. This Agreement does not grant You the right to:
    1. publish, display, or produce any non-identical copy or derivative work from the Work;
    2. revise, modify, or customize the Work, except to accommodate Your individual teaching style, provided that the Foundation shall own all such revisions, modifications, and customization;
    3. sell or license the Work or any portion of the Work to any third party; or
    4. publish the Work on an online computer network, including the Internet.
  5. The Foundation may, from time to time, make modifications or updates to the Work. The Foundation shall make such modifications and updates available to You; You will be contacted via email when these become available.
  6. You agree to include the following notice on all permitted copies of the Work: “© 2011 Irrigation Foundation. All rights reserved. Distributed by [Your name] with the permission of the Irrigation Foundation .”
  7. All costs incurred by You in using, printing, or distributing the Work shall be Your sole responsibility, and the Foundation shall not be responsible for any expenses connected with the exercise of these rights. You shall be solely liable and responsible for the communication and distribution of the Work to Your employees and customers.
  8. Any and all public disclosures or advertising and promotional materials that reference the Work, IA, or the Irrigation Foundation must be approved in advance by IA or the Foundation, as applicable. In no event shall You make any representation, statement, or claim, directly or indirectly, that IA or the Foundation endorses or sponsors any class taught by You, or that Your class is required in order to obtain IA certification or that taking Your class will guarantee IA certification.
  9. You shall indemnify, defend, and hold harmless IA and the Foundation, and their directors, officers, members, agents and employees from and against any and all losses, damages, injuries, claims, demands, and expenses, including legal expenses, of whatever kind and nature, arising out of or relating to Your purchase, communication, distribution, or use of the Work or Your breach of this Agreement.
  10. This Agreement shall remain in effect until terminated as described herein. Without prejudice to any other rights, the Foundation may terminate this Agreement if You breach any term or condition herein, in which case You must immediately destroy the Work, including all copies, and certify to the Foundation that You have done the same.