SINGLE-USER LICENSE AGREEMENT

IMPORTANT: READ THIS LICENSE AGREEMENT (THE ‘LICENSE’) CAREFULLY BEFORE PROCEEDING or USING THE UNBROKEN CURRICULUM™. YOUR USE OF THE UNBROKEN CURRICULUM INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE, PROMPTLY CONTACT THE LOUIS ZAMPERINI FOUNDATION FOR A FULL REFUND. REFUNDS ARE GRANTED FOR PRACTICE INSTRUCTION ONLY.

Grant of Single-User License. YOU ARE THE ONLY PERSON ENTITLED TO USE THE SOFTWARE. This is a license agreement between you (an educator) and The Louis Zamperini Foundation, whereby The Louis Zamperini Foundation grants you the revocable, personal, non-exclusive and nontransferable license and right to activate and run the Unbroken Curriculum product included with this License, all content included therewith, updates (if any), and all corresponding documentation (collectively referred to as the ‘onLine Unbroken Curriculum’). ONLY YOU (AND NO ONE ELSE) ARE ENTITLED TO USE THE UNBROKEN CURRICULUM. The ONLINE version of the Curriculum is protected by copyright and other state, federal and international intellectual property laws. The Louis Zamperini Foundation reserves all rights not expressly granted in this License, and The Louis Zamperini. Foundation continues to own the Curriculum in part and it’s entirety, including all rights, title, interest, and all copyrights in and to the Curriculum as well as any copy made by you. Unauthorized copying of the Unbroken Curriculum, or failure to comply with this License will result in automatic termination of the license granted hereunder, and will entitle The Louis Zamperini Foundation to pursue other legal remedies against you. IMPORTANT, under the terms of this License:

YOU MAY: (a) View the Unbroken Curriculum on any computer(s) solely for your personal and educational use.

YOU MAY NOT: (a) allow any other person to use the Unbroken Curriculum, (b) share the login information with anyone else; (c) modify, translate, reverse engineer, decompile, decode, decrypt, disassemble, adapt, create a derivative work of, or in any way derive source code from or copy the Unbroken Curriculum; (d) sell, rent, lease, sublicense, or otherwise transfer or distribute the Unbroken Curriculum to any other person or entity without the prior written consent of The Louis Zamperini Foundation (and any attempt to do so shall be void); (e) remove or conceal any proprietary notices, labels, or trademarks on the Unbroken Curriculum; (f) direct, assist or permit any other person or entity to do any of the foregoing; or (g) copy any of the questions or answers for any reason without written permission of the Louis Zamperini Foundation.

Term. The term of the license granted hereunder shall commence upon the earlier of your acceptance of this License or your using the Unbroken Curriculum; this license agreement will not expire and may be used by you for the sole use of education.

Limited Warranty, Limitation of Remedies and Liability. The Louis Zamperini Foundation makes every effort to make the Unbroken Curriculum is available to users at all times through the UnbrokenCurriculum.org website. The Louis Zamperini Foundation does not warrant 100% uptime of the server, though we do strive for that service level.

The Louis Zamperini Foundation makes no other or further warranties regarding the Unbroken Curriculum, either express or implied, including the quality of the Curriculum, its performance, or fitness for a particular purpose. The Unbroken Curriculum is licensed to you on an ‘As-Is’ basis. The entire risk as to the performance and QUALITY OF THE CURRICULUM remains solely with you. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LOUIS ZAMPERINI FOUNDATION, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE (OR EXPAND UPON) ANY WARRANTY BEYOND THAT PROVIDED ABOVE WITH RESPECT TO THE MEDIA, AND YOU MAY NOT RELY UPON ANY SUCH INFORMATION OR ADVICE.

The Louis Zamperini Foundation’s exclusive and maximum liability for any claim by you or anyone claiming through or on behalf of you arising out of your order OR use of (OR INABILITY TO USE) the Unbroken Curriculum shall not under any circumstance exceed the actual amount paid by you to The Louis Zamperini Foundation for the Unbroken Curriculum License granted hereunder. IN NO EVENT SHALL THE LOUIS ZAMPERINI FOUNDATION (NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE UNBROKEN CURRICULUM) BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH OR ON BEHALF OF YOU FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, OR ANY LOSS OF DATA, FILES, INFORMATION OR PROGRAMS STORED BY YOU) ARISING UNDER THIS LICENSE AGREEMENT OR OUT OF YOUR ORDER OR USE OF (OR INABILITY TO USE) THE UNBROKEN CURRICULUM EVEN IF THE LOUIS ZAMPERINI FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

PLEASE READ CAREFULLY. THE FOLLOWING LIMITS SOME OF YOUR RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT. By accepting this License, both you and The Louis Zamperini Foundation agree that all claims or disputes between us of any nature whatsoever arising out of or in any way related to the Unbroken Curriculum or this License Agreement will be submitted to binding arbitration if demanded by either party. The arbitration will be handled by the American Arbitration Association and governed by its rules. This License requiring arbitration (if demanded) is still fully binding even if a class action is filed in which you would be a class representative or member. You and The Louis Zamperini Foundation agree that the arbitration of any dispute or claim between them will be conducted apart from all other claims or disputes of other parties and that there will be no class or consolidated arbitration of any claims or disputes covered by this License. The parties also agree that this License does not affect the applicability of any statute of limitations.

THIS LICENSE IS THE ENTIRE AGREEMENT BETWEEN US AND SUPERSEDES ANY OTHER COMMUNICATION, ADVERTISEMENT OR UNDERSTANDING WITH RESPECT TO THE UNBROKEN CURRICULUM. If any provision of this License is held invalid or unenforceable, the remainder shall continue in full force and effect. All provisions of this License relating to disclaimers of warranties, limitation of liability, remedies, or damages, and THE LOUIS ZAMPERINI FOUNDATION ownership of the UNBROKEN CURRICULUM and other proprietary rights shall survive any termination of this License.