BY DOWNLOADING AND/OR USING THESE ROME IV SLIDES, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE FROM THE ROME FOUNDATION. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE THESE SLIDES OR ANY PORTION THEREOF IN ANY FORM OR MANNER.
THESE SLIDES are licensed, NOT SOLD to you (“User”), by THE ROME FOUNDATION, owner of all right, title, and interest in the slides, all underlying and incorporated content and materials, and any accompanying documentation or materials (the “Slides”), on a strictly limited basis for noncommercial use solely under the terms and conditions of this License. As such, THE ROME FOUNDATION reserves any and all rights not expressly granted to User under this License.
1. GRANT OF LICENSE: THE ROME FOUNDATION hereby grants to User a non-exclusive, non-transferable, non-sublicensable, license to use the Slides for User’s personal, noncommercial purposes (“License”) subject to the terms and conditions set forth herein.
2. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY: USER ACCEPTS THE SLIDES ON AN “AS IS” BASIS. THE ROME FOUNDATION SHALL NOT BE RESPONSIBLE FOR LOSSES OF ANY KIND RESULTING FROM THE USE OF THE SLIDES, AND CAN IN NO WAY PROVIDE COMPENSATION FOR ANY LOSSES SUSTAINED, INCLUDING BUT NOT LIMITED TO ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR TORT, OR FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, OR SIMILAR RIGHTS OF THIRD PARTIES, NOR ANY BUSINESS EXPENSE OR DAMAGES CAUSED TO USER BY ANY DEFICIENCY, DEFECT, OR ERROR IN THE SLIDES, NOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED. THE ROME FOUNDATION DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SLIDES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, ACCURACY OF RESULTS OR INFORMATION, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE USER OF THE SLIDES IS EXPECTED TO MAKE THE FINAL EVALUATION OF THE SLIDES’ USEFULNESS IN USER’S OWN ENVIRONMENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE ROME FOUNDATION’S LIABILITY TO USER ANY CIRCUMSTANCE EXCEED THE PURCHASE PRICE.
3. OWNERSHIP AND PROTECTION: User acknowledges that THE ROME FOUNDATION is the sole owner of the Slides, including but not limited to all copyrights, trademarks, and other intellectual property rights therein. User shall not sell, loan, lease, transfer, copy, distribute, alter, or make derivative works of the Slides or any portion or copy thereof, except as expressly authorized under this Agreement. The Slides are solely for the User’s personal, non-commercial use.
4. MISCELLANEOUS PROVISIONS: Prohibition on Licensing and Assignment: User shall not assign, transfer, license, sublicense, or subcontract its rights or obligations under this agreement. Governing Law: All questions concerning the validity, operation, interpretation and construction of this Agreement shall be governed by and determined in accordance with the laws of the Commonwealth of Virginia and applicable US Federal law, without regard to any choice of law provisions. Any action or lawsuit related to this License must be brought exclusively in either the federal or state courts in or for McLean, Virginia, and User hereby irrevocably submits to and waives any objection to the exclusive jurisdiction and forum of such court. Non-Waiver: No waiver by THE ROME FOUNDATION of any breach of any provision hereof shall constitute a waiver of any other breach of that or any other provision hereof. Severability: If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected hereby.