End User License Agreement
DOWNLOADABLE CURRICULUM END USER LICENSE AGREEMENT
This copy or copies from the Spirit & Truth: Teaching Kids the Heart of Worship, Chosen Together: Cross+Gen Confirmation, Learning Together, Living the Word (Narrative Lectionary, Revised Common Lectionary. or Classroom) series, and/or any other product (“the Curriculum Product”) and accompanying materials is licensed and not sold. This Curriculum Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Spirit & Truth Publishing or its subsidiaries, affiliates, and suppliers (collectively “Publisher”) own intellectual property rights in the Curriculum Product. The Licensee’s (“you” or “your”) license to download, use, or copy, the Curriculum Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE CURRICULUM PRODUCT OR BY DOWNLOADING, USING, OR COPYING THE CURRICULUM PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE CURRICULUM PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT DOWNLOAD, USE, OR COPY THE CURRICULUM PRODUCT.
This Agreement entitles you to download and use the Curriculum Product only for the educational purposes of the purchasing congregation listed on the order (“Congregation”). This Agreement permits the downloading and use of multiple copies of the Curriculum Product, and the downloading of the Curriculum Product on more than one computer at any given time, on a system that allows shared use of applications, on a multi-user network, and on any configuration or system of computers that allows multiple users only for the educational purposes of the Congregation. For further information regarding licensing of the Curriculum Product, please contact:
Representative: Gregory Rawn
Address: P.O. Box 580722, Pleasant Prairie, WI 53158
Phone Number: (262) 358-6574
E-mail Address: G.Rawn@SpiritAndTruthPublishing.com
Restrictions on Transfer
Without first obtaining the express written consent of Publisher, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Curriculum Product.
This prohibition includes uploading the Curriculum Product onto any website or similar to which the general public has access. You may upload the Curriculum Product to a website or portion of a website that is password-protected and accessible only to members of the purchasing congregation. As an exception, you may upload the Story @ Home take-home sheets from our Living the Word: Kids (PK-2nd), Living the Word: Kids (3rd-6th), and Living the Word: Youth (but not Spirit & Truth: Kids) products, as these are a small portion of a Curriculum lesson intended for a wider distribution. If you do this, you must include a statement of copyright belonging to Spirit & Truth Publishing with a link to https://spiritandtruthpublishing.com.
This prohibition includes the creation of video or audio (live-streamed or recorded) instructions for a majority of or entire lesson. This prohibition does not include (and therefore is allowed) use of less than half of a lesson or product in live-streamed or recorded worship and/or faith formation. As an exception, worship based on the majority of or entire Living the Word: Cross+Gen Worship is allowed to be live-streamed or recorded.
Restrictions on Alteration
You may not modify the Curriculum Product or create any derivative work of the Curriculum Product or its accompanying materials. Derivative works include but are not limited to translations. You may not alter any portion of the Curriculum Product.
Software Not Included
The Curriculum Product is provided in the standard electronic publishing format of the Portable Document Format (PDF) or MP3 audio files. Software to view content in either format is available on most computing platforms, either as part of the device firmware or as downloads from the Internet.
The Publisher warrants only that the downloaded file(s) will be readable on the platform stated on the download site, using recommended reader software current at the time of download. This limited warranty, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to ninety (90) days from the date of original download. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. The limited warranty set forth herein is exclusive and in lieu of all others, whether oral or written, express or implied. The Publisher specifically disclaims all other warranties. This limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
Limitation of Liability
Under no circumstances, including negligence, shall the Publisher be liable for any incidental, special, indirect or consequential damages arising out of or relating to this License. Some jurisdictions do not allow the limitation of incidental or consequential damages, so this limitation may not apply to you. In no event shall the Publisher’s total liability to you for all damages exceed the amount paid by the Congregation for this Curriculum Product.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Curriculum Product. Selection of whether to correct or replace shall be solely at the discretion of Publisher. Publisher reserves the right to substitute a functionally equivalent copy of the Curriculum Product as a replacement. If Publisher is unable to provide a replacement or substitute Curriculum Product or corrections to the Curriculum Product, your sole alternate remedy shall be a refund of the purchase price for the Curriculum Product.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Wisconsin, without regard to Wisconsin’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.