IMPORTANT READ CAREFULLY: This Essays on Teaching Excellence End-User License Agreement (EULA) is a legal agreement between you (either an individual, a single entity, or an institution) and the Professional & Organizational Development Network in Higher Education (hereinafter referrred to as POD Network) for the use of the Essays on Teaching Excellence, whether in traditional print form or in electronic form, which includes those individual essays purchased by you for use on your campus. By your opening of this package, use of this material and/or your signature below, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this Agreement, you are not authorized to use the Essays on Teaching Excellence.

Essays on Teaching Excellence is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Essays on Teaching Excellence, whether in print or electronic form, is licensed, not sold. Except as stated above, this EULA does not grant you any intellectual property rights to the Essays on Teaching Excellence.

1. GRANT OF LICENSE.
This EULA grants you the following rights:

Use and Copy. The POD Network grants to you the right to copy and use the electronic form of the Essays on Teaching Excellence on the enclosed diskette(s) on a dedicated web server at your institution or within the confines of your place of business, including external locations where you may be involved in presenting workshops or seminars (see restrictions, below). Once available on a secure web site, you may advertise the availability of the electronic form of the Essays on Teaching Excellence to faculty, staff, and students at your institution and such faculty, staff, and students may use any or all of the essays for instructional, personal, or scholarly purposes.

You may make copies of the electronic form of the Essays on Teaching Excellence for backup and archival purposes.

• The electronic form of the Essays on Teaching Excellence on the enclosed diskettes must be copied and used AS IS, without modification.
• Access to the electronic form of the Essays on Teaching Excellence must be limited to faculty, staff, and students on your campus, preferably by means of a secure server that recognizes and accepts input only from computer IP numbers assigned to your institution.
• You must maintain all copyright notices on all copies of Essays on Teaching Excellence.
• You may not distribute printed copies of Essays on Teaching Excellence to third parties, except as part of a workshop or seminar conducted on your campus for your faculty, staff, or students.
• You may not modify, republish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, or display Essays on Teaching Excellence, except and only to the extent that such activity is expressly permitted by this EULA or by applicable law notwithstanding this limitation.
• You may not rent, lease, or sell Essays on Teaching Excellence.
• You must comply with all applicable laws regarding the use of Essays on Teaching Excellence.

3. COPYRIGHT.
All title and copyrights in and to Essays on Teaching Excellence and any copies thereof are owned by the POD Network. All title and intellectual property rights in and to the content of Essays on Teaching Excellence is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

4. NO WARRANTY.
Any use of Essays on Teaching Excellence is at your own risk. The POD Network disclaims all warranties and conditions, either express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, and noninfringement.

5. HOLD HARMLESS.
You hereby agree to indemnify, defend and hold the POD Network, and all officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the "POD Network Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any POD Network Party in connection with any claim arising out of any use or alleged use of these essays by any person, whether or not authorized by you. The POD Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the POD Network's defense of such claim.

6. LIMITATION OF LIABILITY.
Some states do not allow exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of the POD Network, third party content providers, and their respective agents shall be limited to the greatest extent permitted by law and in no event shall such liability exceed the amount paid to the POD Network for the right to use this material.

7. MISCELLANEOUS.
This EULA is governed by the laws of the State of Georgia, U.S.A. Should you have any questions concerning this EULA, or if you desire to contact the POD Network, for any reason, please write:

The undersigned hereby acknowledges receipt of this EULA and agrees to the terms herein.

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