CEMS Copyright & EULA

Michigan Virtual School
Customer and Enrollment Management System (CEMS)
Copyright Notice and End User License Agreement  

Copyright Notice
Copyright ©2012. Michigan Virtual University®. All Rights Reserved. Contact the Vice President of Operations, Michigan Virtual University, 3101 Technology BLVD STE G, Lansing, MI 48910-8546, 888.532.5806, ext. 5350, for commercial licensing opportunities.

IN NO EVENT SHALL MICHIGAN VIRTUAL UNIVERSITY BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF MICHIGAN VIRTUAL UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

MICHIGAN VIRTUAL UNIVERSITY SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE AND ACCOMPANYING DOCUMENTATION, IF ANY, PROVIDED HEREUNDER IS PROVIDED "AS IS."MICHIGAN VIRTUAL UNIVERSITY HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR MODIFICATIONS.

End User License Agreement

For the MVU-hosted Customer and Enrollment Management System (CEMS) Web-based Program

IMPORTANT — READ CAREFULLY:

A. Agreement. By accessing or otherwise using this Web-site and the CEMS web application; you agree to be bound by the terms of this End User License Agreement (this “EULA”). If you do not agree to the terms of this EULA, do not use or access this Web-site or application, and do not create an account.

B. What this EULA Covers. This EULA covers the Michigan Virtual University product identified above, which includes a Web site, online materials, a Web-based application, computer software and may include associated media, hardware, printed materials and electronic documentation (collectively, the “Web-based Program”).  The Web-based Program also includes any updates and supplements to the original Web-based Program provided to you by Michigan Virtual University.

C. Meaning of “You.” If the person accessing this Web-based Program is an individual using it for his or her own purposes, “you” means the person using this software.  If the person accessing this Web-based Program is doing so in furtherance of the purposes of another person, including an organization (whether or not the employer or the person) then “you” means both the person accessing this software and the other person, including an organization. No person accessing the software for another may do so unless the person accessing the software is authorized to bind the other person, including an organization, and failure to be so authorized will result in unauthorized use of the software subject to civil and criminal consequences.

D. The Parties to this EULA. This EULA is a legal agreement between you and Michigan Virtual University, a Michigan nonprofit corporation (“Michigan Virtual University”), with offices at 3101 Technology Blvd., Suite G, Lansing, MI 48910-8546, USA, the parent organization for the Michigan Virtual School®.

E. Nature of this EULA. The Web-based Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Web-based Program is licensed, not sold.

1. GRANT OF LICENSE.
Michigan Virtual University grants to you a nonexclusive license to use the Web-based Program as provided in the accompanying publications or documentation. This license permits one specific natural person to access and use the Web-based Program. This is not a seat- or session-based license. Once a natural person begins use of the Web-based Program, the license is permanently associated with that named natural person and no other person may use the Web-based Program without procuring from Michigan Virtual University another license for that other person. For example, once Alice first accesses the Web-based Program, the license is forever associated with Alice even if Alice completes her use of the Web-based Program and does not use the Web-based Program again, Bob may not be substituted for Alice. Any use of the Web-based Program by Bob would require acquisition from Michigan Virtual University of another license specific to Bob.

You may make the Web-based Program available to natural persons, provided that one such license is acquired per person and that each person who uses the Web-based Program made available by you agrees to this EULA. If any person to whom you make available the Web-based Program is not bound by the EULA, you will be responsible for any violations of this EULA or of applicable law by that person as though that person was your agent acting on your express instructions.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on User’s Geographical Area of Access. None.

Individual User Accounts. Every student, parent, teacher or school staff person who accesses the Web-based Program must do so with a single named user account that is personally associated with them. Accurate information such as the user’s name, the user’s personal email address, entity association and other requested user information must be provided as a condition of registration and access to the Web-based Program. It is expressly prohibited for a user to share their access credentials with any other person.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile or disassemble the Web-based Program.

Separation of Components. The Web-based Program is licensed as a single product. Its component parts may not be separated for use on more than one computer and must be presented to the user in the whole form as distributed by Michigan Virtual University or its designated suppliers.

Rental or Sale. You may not rent, sell, lease, or lend the Web-based Program or otherwise charge any type of access fee to users in exchange for access to the Web-based Program.

Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Michigan Virtual University or Michigan Virtual School.

No Support. Michigan Virtual University shall have no obligation to provide any product support for the Web-based Program unless Michigan Virtual University expressly agrees in writing to provide such support.

Termination. Without prejudice to any other rights, Michigan Virtual University may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Web-based Program and all of its component parts in your possession or under your control.

3. COPYRIGHT. 
Except for the limited license rights granted in this EULA, all right, title and interest in and to the Web-based Program (including, but not limited to, any images, photographs, animations, video, audio, music, text, programming code, data structures, user interface and applets incorporated into the Web-based Program), the accompanying printed and online materials, and any copies of the Web-based Program are owned by Michigan Virtual University. All rights in and to the content that may be accessed through use of the Web-based Program is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants no rights to use such content. All rights not expressly granted are reserved by Michigan Virtual University.

4. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Web-based Program and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth is subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial  Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Michigan Virtual University, 3101 Technology Blvd., Suite G, Lansing, MI 48910-8546.

5. EXPORT RESTRICTIONS.
You may not export or re-export the Web-based Program, any part thereof, or any process or service that is the direct product of the Web-based Program (the foregoing collectively referred to as the “Restricted Components”), to any country, person, entity, or end user subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any end user who you know or have reason to know will utilize the Restricted Components in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) to any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. Government. You represent and warrant that no governmental authority has suspended, revoked, or denied your export privileges.

6. LIMITED WARRANTY AND EXCLUSIVE REMEDIES.
Limited Warranty. Michigan Virtual University warrants solely to the person who directly acquires each license from Michigan Virtual University (and not to any transferee, customer, student or customer of the person who directly acquires each license from Michigan Virtual University) that the Web-based Program will perform substantially in accordance with the accompanying written or online materials for a period of 30 days after the date of receipt by you. Where the Web-based Program is provided to you for use by your customers, students or others, the warranty period begins to run when you first receive access to the Web-based Program, regardless of whether and/or when any customer, student or other uses the Web-based Program.

Limited Remedies. Michigan Virtual University and its suppliers’ entire liability and your exclusive remedy shall be, at Michigan Virtual University’s option, either (a) return of the price paid for access to the Web-based Program (not the cost of any courses or content obtained through the web-based program), if any, or (b) repair or replacement of the Web-based Program that does not meet the limited warranty. This limited warranty is void if failure of the Web-based Program has resulted from accident, abuse, misapplication or failure to follow the instructions or documentation. Any replacement Web-based Program will be warranted for the remainder of the original warranty period or 30 days after receipt by you, whichever is longer.  Outside the United States, neither these remedies nor any product support services offered by Michigan Virtual University are available without proof of purchase from an authorized international source.

No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS EULA, MICHIGAN VIRTUAL UNIVERSITY PROVIDES THE SOFTWARE PRODUCT AND ANY SUPPORT SERVICES WITH ALL FAULTS; THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU; AND MICHIGAN VIRTUAL UNIVERSITY MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT OR SUPPORT SERVICES, AGAINST INFRINGEMENT, OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICHIGAN VIRTUAL UNIVERSITY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MICHIGAN VIRTUAL UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MICHIGAN VIRTUAL UNIVERSITY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $5.00.

Magnuson-Moss Warranty Act and Similar Law. It is the understanding of Michigan Virtual University that the Web-based Program, as a software product, is not subject to the Magnuson-Moss Warranty Act or any other similar state or federal law.

Solely in the case that such law is held to apply to the Web-based Program:

  1. This limited warranty gives you specific legal rights. You may have other rights that vary from state/jurisdiction to state/jurisdiction;
  2. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the limitations above may not apply to you;
  3. Because some states/jurisdictions do not allow the exclusion or limitation of certain finds of liability, some or all of the above limitations on liability may not apply to you.

7. MISCELLANEOUS.
This EULA is governed by the laws of the State of Michigan and the federal law of the United States of America, without regard for their conflict of law principles. If you bring any action or claim arising under or related to this EULA, you may do so only in the Michigan state courts sitting in Ingham County, Michigan or in the United States District Court for the Western District of Michigan – Lansing Office.

Version 1.0 Production Release Date: March 27, 2012