FoodMania Curriculum – Designated Research Participant License

FoodMania Curriculum
Designated Research Participant – End User License Agreement

This FoodMania Curriculum Research Participant End User License Agreement ("Agreement") is made between CoMotion, University of Washington, a public institution of higher education and an agency of the state of Washington, ("UW") the entity or individual (“End User”).

BACKGROUND

The Curriculum was written and produced by the University of Washington, NW Center for Excellence in Media Literacy by Professor Marilyn Cohen, PhD via disclosure UW #48056 under a grant to Washington State University (“WSU”) with funding from the National Institute of Food and Agriculture, U.S. Department of Agriculture, under award number 2012-68001-19618.  The Curriculum is a family-based nutrition education curriculum that facilitates discussion among parents and children regarding taking action focused on making healthier food choices.

CURRICULUM

The Curriculum includes:

• USB flash drive containing FoodMania lesson plans and scripts, FoodMania PowerPoints, handouts, activities, game materials including boards and game cards, posters and FoodMania Resource Booklet
• Educator Manual
• Introductory Letter with overview of USB drive
• UW survey (“Curriculum”).

The Curriculum is the joint copyright of the UW and WSU and is protected by copyright laws and international treaties. 

1. 1. License Grant

2. Provided that End User conforms to the terms and conditions of this Agreement, UW hereby grants, and End User accepts the following rights:

3. Non-transferable, non-exclusive license to access, display, and print the Curriculum for noncommercial internal use in End User’s facility or organization.

4. 2. Restrictions

5. End Users must be approved by Professor Cohen as a research participant; otherwise this license is invalid and you will not receive materials.

6. End Users may not make modifications to the Curriculum content or format of the Curriculum.

7. End Users do not have the right to sub-license, provide access to, or display the Curriculum to other entities or individuals ("Third Parties").

8. End Users may not post the Curriculum on a public website. No display of, or access to, the Curriculum may occur outside of an in-person teaching environment.

9. End Users may not use the Curriculum to develop a separate Curriculum and may not market the Curriculum or present themselves as the developer of the Curriculum.

10. End Users may only make a single back-up duplicate of the USB. No other reproduction of the USB is allowed.

11. End User shall gain no ownership in the Curriculum and shall retain in the Curriculum the copyright, trademark, or other notices pertaining to the Curriculum as provided by UW. The copyright information and citation of the Curriculum may not be altered or changed.

12. The following citation must be included in the credits or attribution pages for the Curriculum: “The FoodMania Curriculum was written and produced by the University of Washington under a grant to Washington State University with funding from the National Institute of Food and Agriculture, U.S. Department of Agriculture, under award number 2012-68001-19618, and is reproduced and is licensed from the University of Washington.”

13. UW reserves the right to modify or make improvements in Curriculum at any time without notice.

14. In no event shall the UW, its employees, agents, or officers provide any services under this Agreement.

15. 3. Delivery and Format

16. Upon execution of this Agreement, UW will send the USB and instructions on accessing the Curriculum to the End User at the contact information provided in the signature within 7 business days. It will be sent to the End User Contact provided.

17. 4. Feedback

18. End User hereby agrees to complete the FoodMania survey and that UW may contact End User at mutually convenient times to request information on deployment of the Curriculum by the End User to assist UW in its further research and development of the Curriculum.

19. In recognition of the valuable feedback to be provided by the End User, UW will provide the Curriculum at no charge to the End User.

20. 5. Termination

21. End User may terminate this Agreement at any time upon written notice to UW. UW may terminate this Agreement by contacting End User at the contact information provided if End User is in default of any of its obligations set forth herein and fails within 30 days of a written demand for performance to cure such default.

22. The provisions under which this Agreement may be terminated will be in addition to any and all other legal remedies which either party may have for the enforcement of any and all terms hereof, and do not in any way limit any other legal remedy such party may have.

23. Termination of this Agreement will terminate all rights and licenses granted to End User relating to Curriculum.

24. 6. Warranties and Disclaimers

25. The Curriculum is designed for general educational purposes only and is not intended in any way to substitute for professional medical advice, consultation, diagnosis, or treatment. THE CURRICULUM IS PROVIDED AS IS WITH NO WARRANTY AND WITHOUT OBLIGATION BY THE UW TO PROVIDE ACCOMPANYING SERVICES OR SUPPORT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CURRICULUM IS WITH THOSE USING THE CURRICULUM. By using the Curriculum you have acknowledged that: you have read and understand this disclaimer and you agree to be legally bound by this disclaimer. If you do not agree to be legally bound by this disclaimer, you may not use the Curriculum.

26. 7. Indemnification and Liability

27. End User shall indemnify and hold harmless UW and its officers, faculty, employees, students and agents, against any and all claims, suits, losses, damages, costs, fees and expenses resulting from End User's use of Curriculum, including but not limited to any damages, losses or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this Agreement.

28. IN NO EVENT SHALL UW BE LIABLE FOR (A) PERSONAL INJURY OR PROPERTY DAMAGES ARISING IN CONNECTION WITH THE ACTIVITIES CONTEMPLATED IN THIS AGREEMENT OR (B) LOST PROFITS, LOST BUSINESS OPPORTUNITY, INVENTORY LOSS, CURRICULUM STOPPAGE, LOST DATA OR ANY OTHER RELIANCE OR EXPECTANCY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OF ANY KIND.

29. 8. General

30. Pursuant to U.S. laws, Curriculum may not be downloaded, acquired or otherwise exported or re- exported a) into, or to a national or resident of any country to which the U.S. has embargoed goods; or b) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By executing this License, End User represent that: a) End User is not located in or under the control of a national or resident of any such country or on any such list; and b) End User will not export or re-export the Curriculum to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.

31. This Agreement does not grant permission to use the trade names, identifiers, trademarks, service marks, or product names of the UW to the End User except as required for reasonable and customary use in describing the origin of the Curriculum. All goodwill associated with the Curriculum and UW marks and identifiers shall inure to UW. The End User shall not use the name "University of Washington," its logo, marks, or any abbreviation thereof to without prior written approval from UW except as otherwise expressly provided in this Agreement.

32. This Agreement is made in and shall be governed by the laws of the State of Washington excluding choice of law principles. Any suit, action, or proceeding arising out of or relating to this Agreement shall be decided in King County, Washington, United States of America.

33. End User accepts the venue and jurisdiction of the Federal District Court of Western Washington, Seattle, or the King County Superior Courts.

34. This Agreement embodies the entire understanding of the parties and supersedes all previous communications, representations, or understandings, either oral or written, between the parties relating to the subject matter hereof. Any amendment of these terms and conditions must be in writing and signed by both parties.

35. This Agreement and the rights and benefits conferred upon the parties hereunder may not be assigned or otherwise transferred by End User without the prior written consent of UW.

36. Contact for additional information about the Curriculum and notification of defects:

1. Professor, Marilyn A. Cohen
   University of Washington
   College of Education
   Gilman Building
   4725 30th Ave NE, Seattle, WA 98105
   macohen@uw.edu

37. Agreement contact for UW:

1. UW CoMotion
   ATTN: Director, Innovation Development
   4545 Roosevelt Way NE, Suite 400
   Seattle, WA 98105
   Facsimile No.: 206-685-4767