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Updated September 12, 2008 You also agree to CALI's Terms of Service found at http://www2.cali.org/index.php?fuseaction=static.license. LEARNTHELAW.ORG ANNOTATED END USER LICENSE AGREEMENT LEGAL INFORMATION ABOUT CALI AUTHOR, CALI'S LIBRARY OF LESSONS (on the web or the CD) and ALL OTHER CALI PROPRIETARY MATERIAL. PLEASE READ THE FOLLOWING LEGAL INFORMATION CAREFULLY The Center for Computer-Assisted Legal Instruction (“CALI®” or “Licensor”) is a not-for-profit consortium of law schools dedicated to research and development in computer and web-based legal education. CALI Author, first released for academic year 1999-2000, is designed to allow students to view many of the lessons in the CALI Library, and to allow faculty and students to easily author tutorials for their own use. Learnthelaw.org was created and is maintained by CALI. Materials accessed from CALI’s websites, including http://www.learnthelaw.org and other CALI web sites, are subject to the terms and conditions of the following LICENSE AGREEMENT, and any other specific terms found on CALI web pages such as CALI.org. THE CALI® LESSONS: 1L PREPARATION SET The CALI Lessons: 1L Preparation Set (“the Product”) refers to access to a selection of lessons from the CALI Library of Lessons (“CALI Library”) made available through CALI’s learnthelaw.org for people who plan to enter law school. The Product as offered at learnthelaw.org is available, and can be run, directly from the Internet. By registering an account with learnthelaw.org you agree to accept all of the following terms: (1) To purchase the Product through learnthlaw.org you must be (a) a person planning on enrolling in law school or (b) otherwise have received express written permission from CALI. (2) By Purchasing the Product through learnthelaw.org you understand that you shall have access only to those CALI lessons made available through learnthelaw.org and that those lessons made available through learnthelaw.org lessons may only be run over this internet web site. You may not attempt to access these lessons, or any other CALI lessons, in any other manner. (3) You may not disclose or display in a public manner any passwords associated with learnthelaw.org. (4) Access to the Product on learnthelaw.org is valid until the end-user is officially attending law school classes or until one year from the day which the end-user was granted access to the Product through learnthelaw.org. (5) The complete CALI Library is made available to CALI affiliate member law schools, members schools' students, members schools' faculty/staff, and others with permission of CALI. If the school you plan to attend is a member of CALI, you will have access to these lessons once you enter law school. (6) You may not transfer, sell, assign, sub-license, rent or lease all or any portion of the Product. (7) Use of the Product constitutes a license to you the end user, and does not include any other rights of ownership, including the further distribution, transfer or sale of the lessons or the Product. (8) Any use of CALI’s Exercises, materials, or the Product outside the scope of this license is forbidden without the express written permission of CALI. DISCLAIMER OF WARRANTIES YOU AGREE THAT CALI HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE PRODUCT AND THAT THE PRODUCT IS BEING PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. CALI DISCLAIMS ALL WARRANTIES WORLDWIDE WITH REGARD TO THE PRODUCT, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF PRODUCT PERFORMANCE, AND ANY IMPLIED WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE, ACCURACY, MERCHANTABILITY OF COMPUTER PROGRAM, MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS PRODUCT COULD INCLUDE INACCURACIES IN THE INFORMATION THEREIN OR TYPOGRAPHICAL ERRORS. CALI DISCLAIMS ALL LIABILITY RELATED TO SUCH INACCURACIES OR ERRORS. BUYER'S SOLE REMEDY FOR ALL CLAIMS RELATED TO THE PRODUCT SHALL BE THE AMOUNT PAID FOR THE PRODUCT. THE MATERIAL IS NOT TO BE CONSTRUED AS LEGAL ADVICE; IT IS FOR EDUCATIONAL PURPOSES ONLY. USERS SEEKING LEGAL ADVICE SHOULD CONSULT A LICENSED ATTORNEY IN THEIR JURISDICTION. LIMIT OF LIABILITY In no event will CALI be liable to you for any loss of use, interruption of business, or any direct, indirect, special, incidental or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if CALI has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. COPYRIGHTS AND TRADEMARKS CALI Author, the CALI Library of Lessons, and all other material on the CALI CD and the CALI Web site are protected by the Copyright Laws of the United States and International Treaty Provisions. Copyright 1985-2006 Center for Computer-Assisted Legal Instruction; http://www.cali.org. CALI Author Copyright 1999-2006 Center for Computer-Assisted Legal Instruction. All rights reserved. Lessons in the CALI Library including all lessons available through learnthelaw.org are copyrighted by CALI® and/or CALI's authors. Please contact Deb Quentel, dquentel@cali.org, at CALI to request permission for usage exceeding the scope of this License. CALI, Lessonette, CALI Excellence for the Future Award and Conference for Law School Computing are federally registered trademarks of the Center for Computer-Assisted Legal Instruction. The use of any of these marks on your teaching materials must include the full name of the mark along with the registration circle - ®. The trademarks 'CALI Author' and 'Classcaster' are protected by US Trademark law. Portions of the Uniform Commercial Code are Copyright 1999 - 2006 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the copyright holders for the limited purposes of education and teaching. Macromedia, Shockwave® and Flash™ are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries. Flash™ Player Copyright 1997 - 2006 Macromedia, Inc. USE OF THE LESSONS and CALI AUTHOR® and Registration at the CALI web site: Distribution and use of the exercises or CALI Author, and/or registration at any CALI web sites including learnthelaw.org is conditioned on your acceptance of the terms described here. By registering at any CALI web site, you agree to the above terms and conditions. If you do not agree with such terms and conditions do not install or download the software or lessons. This Agreement is governed by the laws of Illinois. This License Agreement may be modified in the future by CALI. CALI PRIVACY STATEMENT revised March 15, 2006 1. CALI is a not-for-profit, 501(c)(3) corporation dedicated to providing online and computer-based tutorials to those interested in learning about the law and member law schools, including their faculty and law students. CALI has adopted the following Privacy Policy for users of the CALI web sites including http://www.cali.org, http://www.learnthelaw.org, and all related sites and pages. 2. Various parts of CALI’s web sites require users to register and to provide CALI with one or more of the following types of personal information: a) Name b) Title c) Law School d) Address e) Telephone f) Fax number g) E-Mail address h) User name and password i) Your web site URL j) Charge card information k) E-mail signature card 3. This information is collected and maintained by CALI for its exclusive use, subject to the following conditions. First, limited information (name, title, law school, address, telephone, and e-mail address) collected from the Conference for Law School Computing® registration is provided free of charge to CALI Conference sponsors who request it. CALI, and its co-conference host(s), reserves the right to reject any sponsor and any sponsor’s request. Second, CALI authors receive periodic reports on their lesson’s usage. This includes aggregate users per institution or user type, but does not allow for the identification of any particular user. Third, aggregate usage numbers are available to members. This does not allow for the identification of any particular user. Fourth, charge card information is collected on a per transaction basis and is not stored or maintained by CALI. Aside from the methods described in this statement and elsewhere in its privacy policy, CALI does not trade, share, rent, or sell any of the information collected at any point on its web sites. 4. CALI uses this information for a variety of purposes associated with CALI’s not for profit mission of providing users and member law schools, including their faculty and students, with high quality legal tutorials. Information is used to: a) Monitor lesson usage, to maintain quality, and to ensure proper operation of CALI’s web sites b) Send updated CDs to customers c) Advise faculty of changes in lesson material d) Inform users of CALI Author of changes or bug-fixes e) Respond to inquiries about CALI’s lessons f) Notify member schools about their aggregate student lesson usage and any related questions Contact former conference attendees about upcoming CALI events 5. By participating in various activities on CALI web sites you consent to the passive collection of information such as your IP address and lessons you viewed or downloaded. 6. To access certain areas of the CALI web sites and related sites, registration (including the collection of your name, law school, and e-mail address) is necessary to enable CALI to provide technical assistance. 7. CALI will share aggregate usage numbers and student questions about the lessons, but not associated with any individual, with our members to allow for purposes related to education. Student names will not be shared with member schools, except as indicated below. 8. CALI will not share the results of specific lessons run on the web site with member schools or faculty without the explicit permission of the student running the lesson, except under two exceptions. First, students who run a lesson on the CALI web site or their school’s web site created by their professor using the CALI LessonLink or CALI AutoPublish features consent to the following information being collected and reported to the professor who assigned the particular lesson: name, score, responses to individual questions, essay response, date and time lesson was accessed, and any other information collected as a result of the student’s accessing the lessons and deemed necessary for the professor to teach the student. Second, when requested in writing by a student or a member law school in connection with a disciplinary proceeding instituted by a member school against a named student, CALI will release to the requesting party any information stored in its database concerning lessons run including but not limited to, lesson titles, and scores. 9. Visitors to some areas of the CALI web sites must register with their name, school and email address. CALI may use the provided information in order to contact the visitor by email for the purpose of: a) completing or confirming a transaction made on a CALI web site by the Visitor, b) providing notification concerning a change in a CALI web site terms of use or privacy policy, c) providing notification of a change in the visitor's standing or status of that visitor's account or subscription to a CALI web site or product. These transactional or relationship mailings are necessary and allow CALI to maintain its quality of services. Visitors may not opt out of these transactional or relationship emailings. Additionally, CALI may send emails which are neither for transactional nor relationship purposes. Emails which are not for transactional or relationship purposes, such as emails that are primarily for promotional purposes, will include instructions for the Visitor to opt-out of all future emailings that are not transactional or relationship. 10. CALI Virtual Awards reports student name, school and the course in which the CALI Excellence for the Future Award® was earned. This information is provided to CALI by students' law schools. CALI does not share, rent, sell, or trade this information with any third party, although this information is available to visitors to the CALI web site. It is the responsibility of the Registrar at each law school participating in the CALI Excellence for the Future Award program to determine whether their students will also receive CALI Virtual Awards. CALI is not responsible for any loss, damages or injury resulting from a law school or student’s participation in the CALI Excellence for the Future Award or CALI Virtual Awards programs. All errors in the CALI Excellence for the Future Award certificates are the sole responsibility of the law school. Although CALI, working with law school Registrars, will endeavor to fix errors on certificates. 11. If CALI decides to change its privacy policy, CALI will post notice of those changes on the CALI Homepage so our users are always aware of what information CALI collects, how CALI uses it, and under what circumstances, if any, CALI discloses it. CALI will use information in accordance with the privacy policy in effect at that time. 12. Some transactions on CALI web sites are processed off of the CALI web sites by a third-party transaction processing company. Such transactions and information given to the third-party are subject to the privacy policy and terms of service associated with that company.
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