The following end user licensing agreement describes the terms of use of the RAILS Solovky Power lessons. Please read the agreement carefully before indicating that you agree.

End User Licensing Agreement

A. Grant of Non-exclusive License.

 
1. Non-exclusive License to use.  The Board of Regents of the University of Wisconsin-System (University) grants to Licensee the non-exclusive right to use the Works, as described below, for educational and research purposes only.  This license is for use by teachers and students enrolled at North American educational institutions.

RAILS:  Russian Advanced Interactive Listening Series project has created a series of interactive, multimedia listening comprehension lessons for students of Russian based on excerpts from the film Solovky Power. (Work)

2. Limitations on Licenses.   Use of the RAILS lesson is limited to the non-commercial use of it by Licensee to: (a) develop, support, and conduct education classes, labs or related programs; and/or (b) conduct non-commercial research projects utilizing the RAILS lessons.  Research done on behalf of the National Science Foundation or the U.S. Government qualifies as “non-commercial” research.  Licensee shall not modify the Work and shall not sell, rent, lease, or transfer the Work to a third party.  If any provision of this Agreement shall be construed to be illegal or invalid, it shall not affect the legality of any other provisions hereof but shall be severable and all other provisions shall remain in full force and effect.

3. Representations and Warrants of Licensee.  Licensee represents and warrants that Licensee has purchased a copy of the film Solovky Power, with or without subtitles, from Goldfilms.   If the purchase was made from a vendor other than Goldfilms, the Licensee represents and warrants that it has provided Goldfilm with information on when and where the copy was purchased.  

B. Termination.  University shall have the right to terminate this Agreement if Licensee materially breaches its obligations under this Agreement and Licensee fails to cure such breach within ten (10) days after it has been notified in writing of such breach.  Licensee agrees that a material breach of this Agreement constitutes a material breach of any terms and conditions into which Licensee has entered with University.

C. Administrative Contact. 

For any questions on this EULA, contact:

Dianna Murphy
Language Institute
University of Wisconsin-Madison
1322 Van Hise
Madison, Wisconsin 53706
608 262-1575 (VOICE)
diannamurphy@wisc.edu (EMAIL)

D. Representations and Warrants.  University represents and warrants that: (a) the Work was created by the employees of the University and that it is the owner of all right, title and interest in the tangible forms of the Work and all intellectual property rights protecting them; (b) the Work and the intellectual property rights protecting them are free and clear of all encumbrances; and (c) University has full power and authority to make and enter into this Agreement.

E. Warranty.  UNIVERSITY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  IN NO EVENT SHALL UNIVERSITY BE LIABLE OF ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING OUT OF THE USE OF THIS LICENSE AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE.

F. Indemnification.  Licensee shall, at its expense, defend or settle any claim, action or allegation brought against Licensee that Licensees use of the Works infringes any U.S. copyright

G. Choice of Law.  This Agreement shall be governed by the laws of the State of Wisconsin.

I. Entire Agreement.   This Agreement constitutes the entire agreement between the parties.  This Agreement may only be changed by mutual agreement of authorized representatives of the parties.

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