Welcome to Promising People, LLC’s (hereinafter “PP” or “Promising People) Education Products.
This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and Promising People, LLC (“Licensor”), the author of the Promising People education products, including all HTML files, XML files, Java files, graphics files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code (the “Software”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation.
By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Software.
PROMISING PEOPLE EDUCATION PRODUCTS ARE PROVIDED ONLY ON THE CONDITION THAT THE END USER AGREES TO THE TERMS AND CONDITIONS IN THIS LICENSE AGREEMENT AND THE MATERIALS REFERENCED HEREIN (“AGREEMENT”) BETWEEN END USER, PROMISING PEOPLE, LLC, AND THE EDUCATION PRODUCT PROVIDER, VENDOR, AND FACILITY (“RELEASEES”). BY ACCEPTING THIS AGREEMENT OR BY USING THE EDUCATION PRODUCTS, END USER ACKNOWLEDGES THEY HAVE READ, UNDERSTOOD, HAVE THE AUTHORITY TO ENTER INTO THIS CONTRACT, AND AGREE TO BE BOUND BY THIS AGREEMENT. THE END USER’S PARTICIPATION IN PROMISING PEOPLE’S
EDUCATION PROGRAMS AND USE OF EDUCATION PRODUCTS IS VOLUNTARY AND MAY BE DISCONTINUED AT ANY TIME IF THE END USER HAS ANY CONCERNS WITH THE LICENSE TERMS SET FORTH BELOW, INCLUDING THE HEALTH AND SAFETY WARNINGS ADDITIONALLY PROVIDED TO END USER. THE END USER MAY ALSO CONTACT PROMISING PEOPLE, LLC ABOUT THIS AGREEMENT AT THE CONTACT INFORMATION IN SECTION 12 BELOW.
1. General
1.1. This Agreement is a contract between You, the End User, Promising People, LLC, Provider, Vendor, and Facility and governs your use of the PP Education Product.
1.2. For the purpose of this agreement, the term PP Education Product includes the software, virtual reality, video, graphics, renderings, visual, audio, text, and substantive educational and vocational content, including, but not limited to, all of its materials, components, and the source code, in combination with necessary electronic interface devices, such as virtual reality headsets and tablets.
1.3. This agreement applies to the PP Education Product and all of its future updates and expansions, unless the expansion is governed by a separate agreement. If an expansion to the PP Education Product is governed by a separate agreement, you agree to also be bound by the separate agreement.
1.4. If you are a minor (below the legal age of majority in your country), you must have the agreement reviewed and agreed to by your parent or legal guardian in order to use the PP Education Product.
2. License
2.1 Product License. Subject to the provisions contained in this Agreement, the applicable terms and conditions of all other agreements between End User and PP, and timely payment of the applicable fees, PP hereby grants End User, for the License Term, a License to access to the PP Educational Products, use the Education Products, and receive Customer and Technical Support as may be available under the End User’s specific Education Product purchase terms and location. End User will not and may not permit any third party to copy the Education Products, as further set forth in Section 3.2.1. Any source code provided to End User by PP is subject to the terms of this Agreement. PP may modify, enhance, replace, or make additions to the Products at any time without notice. End User understands that its right to use the Education Product is limited by the License Capacity (Permitted Capacity) purchased by either End User, Vendor, Facility, or Provider, and End User use may in no event exceed the Permitted Capacity authorized under the applicable Purchase Order or Enrollment Agreement.
3. License Terms and Ownership
3.1. We give You the right to use the PP Education Product under this License Agreement to the extent of your use for your personal education and vocational training (Licensed and Permitted Capacity).
3.2. You may not do the following with the PP Education Product:
3.2.1. Copy the PP Education Product for any reason - End User agrees that they will not and may
not permit any third party to copy any portion of the Products;
3.2.2. Sell, rent, lease or otherwise distribute the PP Education Product;
3.2.3. Edit, merge, distribute, translate, reverse engineer, decompile, disassemble the PP Education Product unless specifically permitted in this Agreement, by our prior consent, or by applicable law;
3.2.4. Cheat, willfully exploit bugs or glitches, willfully harass or grief other users, staff, supervisors, or utilize any software or other means to do any of the aforementioned activities in the PP Education Product;
3.2.5 In an environment where access is only permitted to information in the headset, and access to the Internet is NOT allowed, You will not attempt to manipulate any code in the headset to circumvent the lessons and obtain access to other content on the Internet;
3.2.6. Bypass or remove any measure preventing misuse of the PP Education Product; or, 3.2.7. Misuse the PP Education Product in any way contrary to applicable law, statutes, regulations, and ordinances, including engaging in the use of the product in bad faith or violating good morals rules.
3.3. PP retains all ownership rights to the PP Education Product. No proprietary right is assigned to you via this agreement.
3.4. PP reserves the right to provide or unilaterally deploy patches, updates and other modifications to the PP Education Product in order to remove or correct a bug, glitch or other issue, to prevent misuse of the content or breach of this agreement, or to enhance the learning experience (e.g., provide you with additional content).
3.5. Be considerate and polite while using any online feature of the PP Education Product, especially when communicating with other users or students. Do not choose a rude or offensive user-name or any user-name infringing the rights of others, especially identity, likeness, and personal rights. If you do this, we reserve the right to take the appropriate measures, e.g., change your user-name, block your access to the online feature of the PP Education Product, or suspend or block your access to the PP Education Product.
3.6 End User will defend, indemnify, and hold PP harmless against any loss, award, damage, or costs (including reasonable attorneys' fees) incurred in connection with any claims, demands, suits, or proceedings (“Claims”) made or brought against PP by a third party alleging or related to End User’s (i) violation of its obligations in this Section 3; (ii) infringement of intellectual property rights; (iii) acts or omissions in relation to provided hardware, equipment, or third party software licenses used in connection with the Products; (iv) civil or criminal offenses; (v) transmission or posting of obscene, indecent, or pornographic materials; (vi) transmission or posting of any material that is slanderous, defamatory, offensive, abusive, or menacing or that causes annoyance or needless anxiety to any other person; or (vii) transmission of information through the Education Products.
4. Intellectual Property Rights
4.1 All right, title, and interest in and to the Education Products, any modifications, translations, or derivatives thereof including any related scripts, tools, and know-how and all applicable intellectual property and proprietary rights thereto remain exclusively with PP or its licensors. The Products may include software products licensed from third parties. Such third parties have no obligations or liability to Subscriber under this Agreement but are third-party beneficiaries of this Agreement,
whether or not such party is named in this Agreement. PP owns any suggestions, ideas, enhancement requests, feedback, or recommendations provided by End User relating to the Products. Except as otherwise expressly provided, PP grants no express or implied right under PP patents, copyrights, trademarks, or other intellectual property rights, and all rights not expressly granted to End User in this Agreement are reserved to PP and its licensors. End User may not remove any proprietary notice of PP or any third-party from the Products or any copy of the Products, without PP’s prior written consent.
5. Third Party Distributors Terms and Conditions
5.1. PP Education Products may be sold, distributed, and provided to You by third parties and developed and disseminated in collaboration with other third parties, including technology companies, private for-profit companies, non-profit organizations, educational institutions, government agencies, and correctional facilities (“the Distributor”). For purposes of this Agreement, a Facility, Vendor, and Provider shall be considered Distributors. The third parties may have their own terms and conditions governing the distribution of the product and your use of the offered services, technology, hardware and/or software, which you must review and agree to be bound by in order to use PP’s Education Product.
6. Health, Safety and Other Risk Warnings
6.1. Due to the nature of virtual reality technology, the PP Education Product can be physically challenging. Please consider your state of health before you engage in the virtual reality program. If you have any doubts, consult a physician. You must take breaks regularly and ensure that you are and remain well-hydrated during use. Four percent (4%) of users experience motion sensitivity. If you experience this, discontinue use of the product and promptly consult a physician. Please be advised that the program has an option to press an icon to switch you from 3D viewing that may cause motion sensitivity to 2D viewing that should avoid motion sensitivity. You acknowledge that more detailed information and health and safety warnings have been provided to You for your review and agreement.
6.2 EXPRESS ASSUMPTION OF RISK. The undersigned End User hereby acknowledges that using the Education Product or associated accessories and the activities, training and events in which they are used, can be extremely dangerous and can result in serious injury, death, or property damage. This Agreement constitutes an express and contractual assumption of all risks and dangers associated with the aforementioned use, activities, training, and events. End User agrees and understands that any Product or associated accessories are intended for use in activities that may be inherently dangerous and risky and the undersigned End User does hereby voluntarily use said Product or accessories with knowledge of those inherent dangers and risks. The undersigned End User also understands and agrees that using the Education Product or associated accessories does not eliminate, alter, or marginalize the inherent risks and dangers.
6.2 Unknown Risks or Dangers. The undersigned End User understands and agrees that there may be undefined and presently unknown risks and dangers associated with use of the Education Product or associated accessories and the undersigned End User expressly assumes said risks and dangers and acknowledges and agrees that there may be significant and substantial risks and dangers associated with or arising out of the improper, uninformed and/or non-complying use of Education Product or associated accessories and hardware. It is the responsibility of the undersigned End User to become familiar with the Education Product and its proper use, operation, implementation, and maintenance, and the undersigned End User assumes the risks and dangers related thereto. The undersigned End User agrees and acknowledges that any Product or associated accessories must be installed, used and maintained as described in PP’s and the manufacturer's instructions, as may be revised from time to time. The undersigned End User understands that instructions will accompany the Education Product and that the undersigned End User should contact PP Support or Releasees should End User have any doubt or questions about said instructions.
6.3. Please be careful and mindful of your environment when using the PP Education Product. Always make sure there is enough space for you to use the product safely and that there are no obstacles or dangerous objects around you.
6.4. If you are a minor (below the legal age of majority in your country), you must have the health and safety concerns reviewed and agreed to by your parent or guardian before you start to use the PP Education Product.
6.5. Please note that you bear responsibility for your actions while you play the PP Education Product. You specifically agree to release PP from liability for any injuries or damages resulting from the use of the product as further set forth in Section 9. PP shall not be legally or financially liable for any injury or damage caused by your use of the PP Education Product.
6.6 Hardware equipment manufacturers, such as MetaQuest for virtual reality headset models, other virtual reality headset manufacturers, and other manufacturers or distributors of electronic devices, such as Tablets, have additional terms of use and health and safety warnings. You agree to review and be bound by the third party additional terms for use of the hardware.
7. Liability and Warranty for Rights of Use
7.1. We grant you all the rights under this agreement to the PP Education Product "as is" and "as available." That means that we do not grant you any guarantee that the PP Education Product works without any bugs, glitches, or other issues. As permitted by applicable law, you agree that Promising People shall not be responsible or liable for the PP Education Product having any bugs, glitches, or other issues. PP does not warrant that: (A) the Products will (i) be free of defects, (ii) satisfy End User’s requirements, (iii) operate without interruption or error, (iv) always locate or block access to or transmission of all desired data, Malware, applications and/or files, or (v) identify every transmission or file that should potentially be located or blocked; (B) data contained in the Databases will be (i) appropriately categorized or (ii) that the algorithms used in the Education Products will be complete or accurate; or (C) data contained in applicable interface systems, testing results, and risk scoring from the Databases will be complete or interpreted correctly. You agree that PP may collect data on errors, omissions, or other technical and communication issues in order to improve its Education Products and Services. You agree to self- monitor the accuracy of any testing results or other data that may affect your intended use and benefits such as certification that may be obtained by use of the Education Product and promptly communicate with PP on any discrepancies or information on data glitches.
7.2. We warrant to you that we have the right to conclude this agreement with you and that we have the right to grant you the rights under this agreement (namely the license to use the PP Education Product).
8. Termination
8.1. If you materially breach this agreement, we have the right to terminate the agreement without any notice period. If it comes to this, you will lose all the rights granted by this agreement, namely the right to use the PP Education Product, whereas we shall have no further obligations to you stemming from this agreement.
9. Liability and Claim Waivers, Governing Law, and Dispute Resolution Procedures.
9.1. This agreement, your use of the PP Education Product and all claims based on, arising from or related to this Agreement or its execution, including rights and obligations regarding compensation of damages caused by a breach of this agreement or rights and obligations regarding any unjust enrichment incurred in relation to this agreement, shall be governed by and enforced in accordance with the law of the State of Florida, including its statutes of limitations.
9.2 NO NON-CONFORMING USE. Promising People, LLC and Releasees shall not be liable for and shall not be obligated to provide technical or other support if any issues with the Education Product or its use are caused by: (i) any unauthorized modification of the Education Products or tampering with the Products, (ii) use of the Products inconsistent with the accompanying Documentation, (iii) End User’s failure to use any new or corrected versions of the Product made available by PP; or (iv) breach of this Agreement by End User.
9.2 WAIVER OF LIABILITY AND RELEASE. The undersigned End User hereby releases, waives, and discharges Promising People, LLC and each its officers, directors, managing agents, and employees, other agents, including sales contractors, and Releasees (including Provider, Vendor, or Facility) from all liability for all loss or demand and every claim or cause of action of any kind, including based on a contract or breach of warranty or the negligence of the PP or other Releasees or otherwise, arising out of or related to this Agreement or its enforcement or End User’s use of any Education Product. This Agreement encompasses liability for all bodily injury, death or property damage arising out of or related to such use. I hereby verify that I read, understood, and agree to the waiver of liability and release agreement.
9.3 NO WARRANTY. THE PP EDUCATION PRODUCT AND SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND FREEDOM FROM PROGRAM ERRORS, VIRUSES OR ANY OTHER MALICIOUS CODE WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT. IN NO EVENT SHALL PROMISING PEOPLE, LLC, ITS AGENTS, ITS AFFILIATED COMPANIES, THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE EDUCATION PRODUCT AND SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE EDUCATION PRODUCT SOFTWARE OR THE USE OR OTHER DEALINGS IN THE EDUCATION PRODUCT AND SOFTWARE. I hereby verify that I read, understood, and agree to the waiver of warranty claims agreement.
9.4 Dispute Resolution. For any dispute or claim arising between you and PP with regards to the use of the PP Education Product or arising under this Agreement, the Parties agree to provide Notice of the dispute or claim and 30 days to resolve the dispute or claim prior to initiating any proceedings. Further, prior to filing any legal proceeding the parties agree to attend mediation with a Florida Supreme Court certified mediator and attempt to settle or resolve the dispute or claim in good faith, unless both parties agree in writing that mediation would be futile. The End User shall only be deemed to have complied with the 30 Day Notice Requirement if End User promptly notifies PP or Releasee’s in writing of a claim. Provided that such claim is reasonably determined by PP to be PP’s responsibility, PP will, within 30 days of its receipt of an End User’s written notice, (i) correct the Error or provide a workaround; (ii) provide Subscriber with a plan reasonably acceptable to Subscriber for correcting the Error; or (iii) if neither (i) nor (ii) can be accomplished with reasonable efforts from PP at PP’s discretion, then PP may terminate the affected Education Product License and End User will be entitled to a refund of the unused License or Other Fees paid for use of the affected Education Product. This paragraph sets forth Subscriber’s sole and exclusive remedy and PP's entire liability for any claim, breach of contract or warranty (which is not provided by PP), or other duty related to the Products.
9.5 ARBITRATION AGREEMENT. ANY DISPUTE OR CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE SETTLED EXCLUSIVELY BY ARBITRATION, CONDUCTED BEFORE A PANEL OF THREE ARBITRATORS FROM THE AMERICAN ARBITRATION ASSOCIATION IN ORANGE COUNTY, FLORIDA, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT. JUDGMENT MAY BE ENTERED ON THE ARBITRATOR’S AWARD IN ANY COURT HAVING JURISDICTION. THE PREVAILING PARTY SHALL BE ENTITLED TO PAYMENT FOR ALL OF THEIR ATTORNEY’S FEES, ARBITRATION OR OTHER LEGAL COSTS, INCLUDING APPELLATE FEES AND COSTS. THIS AGREEMENT SHALL BE JUDGED AND RESOLVED EXCLUSIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA. I hereby verify that I read, understood, and agree to the Arbitration Agreement.
9.6 WAIVER OF CONSEQUENTIAL, PUNITIVE, SPECIAL DAMAGES, AND CLASS ACTION CLAIMS. IN NO EVENT SHALL PROMISING PEOPLE, LLC, ITS AGENTS, ITS AFFILIATED COMPANIES, THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE EDUCATION PRODUCT AND SOFTWARE BE LIABLE FOR ANY DAMAGES TO THE END USER OR ANY ANOTHER PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA OR INFORMATION, ANY COSTS OR EXPENSES FOR THE PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SUCH AS LOSS OF BUSINESS; LOSS OF GOODWILL, OPPORTUNITY, OR REVENUE; OR OTHERWISE EVEN IF THE POSSIBILITY THEREOF MAY BE KNOWN IN ADVANCE TO ONE OR MORE PARTIES, OTHER THAN ISSUING A REFUND WHEN PROMISING PEOPLE DETERMINES ITS RESPONSIBILITY FOR THE ALLEGED CLAIM AS PROVIDED IN SECTION 9.4. I hereby verify that I read, understood, and agree to the Waiver of Consequential, Punitive, and Special Damages.
9.7 MILWAUKEE TOOLS AND HANDS-ON TRAINING WAIVER OF LIABILITY
As part of Promising People’s Education Products and Related Services, it is possible that you may participate in Hands-On training activities with the use of Milwaukee brand tools and other trade materials, equipment, and tools. You hereby acknowledge and agree that the waivers of liability, dispute resolution procedures, and limitations of warranties and available damages provided in this Section 9 expressly apply to any claims regarding injuries, damages, and further agree that all other provisions in this Section 9 apply to any and all claims and disputes resulting from or involving Hands-On training activities and the use of Milwaukee tools or other equipment, tools, and materials. You acknowledge, as in Section 6.2, that the use of power tools and trade vocational training is an inherently risky and dangerous activity and that you knowingly, willfully, and voluntarily release PP and all Releasees covered by this Agreement from any claims of liability that may result from Hands-On training activities and use of Milwaukee brand tools, other tools, equipment and hands-on training and practice as part of your educational and vocational program . You further acknowledge and agree that neither PP nor the Releasees are responsible for the design or manufacturing of Milwaukee brand or other tools, equipment, and materials and you specifically hereby waive any products liability or personal injury claims against PP or the Releasees resulting from the Hands-On Trainings or use of tools, Milwaukee tools, and use of other equipment and materials in training and practice activities. I hereby verify that I read, understood, and agree to the Milwaukee Tools and Hands-On Training Waiver of Liability.
10. Changes and Amendments.
10.1. We reserve the right to make changes to this agreement. In such a case, we will post the changes and amended text of the agreement online, through your virtual reality device, or by providing a printed copy, and take reasonable steps to draw your attention to it.
10.2. The changes shall come into effect (become legally binding) 30 days after we post the amended agreement online, unless a longer period is stipulated in the amendment. If you don't agree to the changes, you can terminate this agreement by simply ceasing to use the PP Education Product (including deleting any copy installed on your virtual reality or other device). If you continue to use the PP Education Product after the changes have come into effect, it shall be construed that you agree to the amended agreement in its entirety.
11. Other Legal Matters
11.1. You may not assign this agreement or any of the rights granted in the agreement to another person.
11.2. In as much as the applicable law permits, the provisions of this agreement shall be interpreted to the fullest extent expressed in this agreement. If any of the provisions of this agreement is deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
11.3 ENTIRE AGREEMENT & CONFLICTING TERMS. End User hereby accepts all terms set forth herein and acknowledges that this is the complete Agreement between the parties regarding these issues related to the End User’s License and use of PP’s Education Product, and that no oral representations, statements or inducements have been made apart from this Agreement. Any collateral or additional agreements between You and PP or third parties shall only specifically govern the subject matter of each of those agreements. In the event that there are conflicting provisions, subject matter, or issues addressed by any other contract, THE TERMS OF THIS AGREEMENT SHALL GOVERN and supersede any conflicting terms in any other agreement.
12. CONTACT AND NOTICE
12.1. If you have any questions, comments or feedback, you can contact us at
support@promisingpeople.com. Please contact us at this email address also in case you have any questions, concerns, or complaints with regards to your use of the PP Educational Product and the terms of this Agreement.12.2 Any written Notice required or permitted to be sent under this Agreement to Promising People,
Provider, Vendor, or Facility must be:
Delivered in Person with Receipt Acknowledged, or End User recognizes and acknowledges that PP and all other Releasees are acting in reliance upon this Agreement and the rights, obligations, and limitations set forth herein, without which no sale or transfer of Education Product or associated accessories would occur. My signature below confirms that I have read and reviewed this Agreement, had the opportunity to ask questions and consult others, and I understand the terms of use of the Promising People License.