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End User Licensing Agreement
END USER LICENSING AGREEMENT 1. Under this End User License Agreement (the "Agreement"), Buildbots Robotics Academy ("Buildbots") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use Buildbots @ Home Online Curriculum running on buildbots.com (the "Service"). "Software" includes the executable computer programs and any related printed, electronic and online documentation, intellectual property, media, robot designs and any other files that may accompany the product. The term Software shall include any updates, additions or modifications to the programs that provide the Service. Subject to the terms of this Agreement, including payment of applicable fees, you have a non-exclusive and nontransferable right to use: the Software and Service for non-commercial purposes (e.g. not for resale or rental or the like), and for the term designated at Registration. The Software is designed for use on-line in conjunction with your web browser and internet access. You are allowed only one account under this license, but you may access your Buildbots account on multiple computers. 2. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with Buildbots. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software. 3. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties. 4. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies. 5. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement. License Fee 6. Monthly recurring fees are specified at registration. 7. Past due fees will accrue interest at the lesser of the annual rate of 10% per annum or the maximum amount permitted by applicable law. In the event of any non-payment or delay in paying a fee, Client agrees to reimburse Buildbots for any fees and expenses incurred in its collection efforts. Limitation of Liability 8. The Software is provided by Buildbots and accepted by the Licensee "as is". Liability of Buildbots will be limited to a maximum of a monthly fee associated with access to the system. Buildbots will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software. 9. Buildbots makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee. 10. Buildbots does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry. Intellectual Property Ownership 11. You agree that Buildbots shall retain all rights, title and interest, including all intellectual property rights, in and to the Software and Service, and each of its components and features. You agree that you neither own nor acquire any claim or right of ownership to the Software or Service or to any related patents, copyrights, trademarks or other intellectual property. Buildbots retains all right, title and interest in the Software and Service at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy of the Software or Service. All content accessed through the Software or Service is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content. Warrants and Representations 12. Buildbots warrants and represents that it is the copyright holder of the Software. Buildbots warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute. Acceptance 13. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on registration of the Software with Buildbots. Maintenance and Support 14. Buildbots will not provide any maintenance or support services under this Agreement. You acknowledge that Buildbots has no express or implied obligation to release updates, modifications, or additions to the Software, Hardware or Service. Buildbots may offer support services which will be offered under the terms and conditions of the applicable Order. Where applicable, Buildbots reserves the right to change, add or remove any functionality, features and/or other aspects of its products, from time to time. The Services may be unavailable to you from time to time for maintenance and/or upgrades. Buildbots will use commercially reasonable efforts to minimize any such disruptions. Amendments 15. Buildbots reserves the right to change the terms of service under this EULA from time to time at its sole discretion. Your use of Buildbots software will be subject to the most current terms of service available at the time of usage. Any notices or changes will be posted at: http://www.buildbots.com/eula . Your continued use of the Software, Hardware or Services following a notice of a change in the terms and conditions will constitute your acceptance of such changes. If you do not agree to any such change, you agree to notify us and stop using the Software, Hardware and/or Services. Term 16. This Agreement is effective upon registration or using the Software or Services. This Agreement shall continue in effect in accordance with the terms agreed at registration. This license will automatically terminate if you fail to comply with its terms and conditions of this Agreement. This Agreement and the license herein will terminate immediately, without notice from Buildbots, if Customer fails to comply with any provision of this Agreement or if Customer takes any action in derogation of the rights of Buildbots. Buildbots may terminate this Agreement should any Software or Hardware become, or in Buildbots’ reasonable opinion is likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Buildbots may also terminate this Agreement upon its failure to receive from or on behalf of Customer, timely payment in full of all fees in the applicable Order. Termination 17. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will cease to use the Online Software. Force Majeure 18. Buildbots will be free of liability to the Licensee where Buildbots is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where Buildbots has taken any and all appropriate action to mitigate such an event. Miscellaneous 19. This Agreement can only be modified in writing signed by both Buildbots and the Licensee. 20. This Agreement does not create or imply any relationship in agency or partnership between Buildbots and the Licensee. 21. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa. 22. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result. 23. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon Buildbots's successors and assigns. Notices 24. All notices to Buildbots under this Agreement are to be provided at the following address: Buildbots Robotics Academy: 3130 Commerce Pkwy, Miramar, FL 33025 Damages Limitation 25. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BUILDBOTS, ITS AUTHORIZED DISTRIBUTORS, OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BUILDBOTS, ITS AUTHORIZED DISTRIBUTORS, OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF BUILDBOTS, ITS AUTHORIZED DISTRIBUTORS, OR ITS SUPPLIERS, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE FEE(S) ACTUALLY PAID BY CUSTOMER TO BUILDBOTS FOR THE TWELVE MONTHS PRECEEDING THE RELEVANT CLAIM. IF SOFTWARE OR SERVICES ARE BEING USED FOR EVALUATION OR LABORATORY PURPOSES, IN NO EVENT SHALL BUILDBOTS HAVE ANY LIABILITY WHATSOEVER TO THE CUSTOMER. THESE LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. Indemnity 26. You agree to indemnify and hold Buildbots and its affiliates, officers, agents, employees, co-branders or other partners, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of the use of Buildbots Software, Hardware or Services, your violation of this EULA or your violation of any rights of another person or entity. You hereby acknowledge that, notwithstanding anything to the contrary in this Agreement, Buildbots shall not be responsible to indemnify you for any claims asserted by any third-party, or by you, in connection with third-party software, open source material, equipment obtained from a third-party by you, or equipment not owned or manufactured by Buildbots, modifications to the Software or Hardware other than by Buildbots, technology provided to Buildbots by you, or related to the implementation of any government or industry standard. Buildbots will indemnify, and, in its sole discretion, defend, you for suits or actions against you that claim (i) direct infringement of a patent or copyright by the Hardware or Software or that the Hardware or Software embodies trade secrets misappropriated by Buildbots, and (ii) such infringement or misappropriation against the Software and/or Hardware alone (an “Indemnified Item”) and not in combination with any other software or equipment. Buildbots may, at its sole discretion and at its expense: (i) secure the right of continued use of the Indemnified Item, or (ii) replace or modify the Indemnified Item to make it non-infringing or without misappropriation or (iii) if neither of the foregoing can be accomplished by Buildbots, and only in such event, then upon at least 180 days’ prior written notice to you, Buildbots may terminate this Agreement. Upon such termination, Buildbots will promptly refund all applicable license and maintenance fees paid by you for the then-current term or renewal term pursuant to which the Software, Hardware or Service was provided, and any applicable prepaid Software or Service charges and fees for the affected deliverable. As a condition of Buildbots’s obligations under this Section 20, You must: (i) provide Buildbots with prompt written notice of any claim of infringement by an Indemnified Item; (ii) agree to Buildbots exercising sole control over the defense and settlement of any such claims; and (iii) provide full and timely cooperation at Buildbots’s request. This Section 19 shall be subject to the Damages Limitation in Section 18, above 27. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties. Applicable Law 28. This license will be governed by the laws of the State of Florida, without reference to conflicts of laws principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this license. If you have any questions, you may contact: Buildbots Robotics Academy LLC. www.Buildbots.com 3130 Commerce Pkwy, Miramar, FL 33025 888.761.8484 Email: info@Buildbots.com https://www.Buildbots.com
Equipment Rental Agreement
EQUIPMENT RENTAL AGREEMENT IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, Buildbots Robotics Academy (“Buildbots”) leases the Equipment to the Lessee, and the Lessee leases the Equipment from Buildbots on the following terms: Definitions 1. The following definitions are used but not otherwise defined in this Agreement: a. "Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment. b. "Equipment" means Lego Robotics Kit which has an approximate value of $300.00. c. "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment. Lease 2. Buildbots agrees to lease the Equipment to the Lessee, and the Lessee agrees to lease the Equipment from Buildbots in accordance with the terms set out in this Agreement. Buildbots agrees to provide one robotic kit for the student to work with during the agreed term. Term 3. The Term of this agreement is 1 week. Rent 4. The rent will be paid as agreed at registration. Delivery of Equipment 5. Buildbots will, at Buildbots' own expense and risk, deliver the Equipment to the Lessee at THE CUSTOMER ADDRESS. Use of Equipment 6. The Lessee will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law. 7. The Lessee will use the Equipment for the purpose for which it was designed and not for any other purpose. 8. Unless the Lessee obtains the prior written consent of Buildbots, the Lessee will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment. Warranties 9. The Equipment will be in good working order and good condition upon delivery. Loss and Damage 10. To the extent permitted by law, the Lessee will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause. 11. If the Equipment is lost or damaged, the Lessee will continue paying Rent, will provide Buildbots with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition. 12. In the event of Total Loss of the Equipment, the Lessee will provide Buildbots with prompt written notice of such loss and will pay to Buildbots all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Lessee. Ownership, Right to Lease and Quiet Enjoyment 13. The Equipment is the property of Buildbots and will remain the property of Buildbots. 14. The Lessee will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner. 15. Buildbots warrants that Buildbots has the right to lease the Equipment according to the terms in this Agreement. Surrender 16. At the end of the Term or upon earlier termination of this Agreement, the Lessee will make the Equipment available for pick up at THE CUSTOMER ADDRESS. If the Lessee fails to make the Equipment available for pick up, the Lessee will pay to Buildbots any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Lessee. Insurance 17. No insurance coverage for the Equipment is required under this Agreement. Default 18. The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement: a. The Lessee fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Lessee's obligations under this Agreement. b. The Lessee becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the Federal bankruptcy law of the United States or another competent jurisdiction. c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days. Remedies 19. On the occurrence of an Event of Default, Buildbots will be entitled to pursue any one or more of the following remedies (the "Remedies"): a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Lessee. b. Apply the cost of the equipment toward any amount owing to Buildbots. c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default. d. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Lessee waives any and all damage occasioned by such taking of possession. e. Terminate this Agreement immediately upon written notice to the Lessee. f. Pursue any other remedy available in law or equity. Address for Notice 20. Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses: Lessor: Buildbots Robotics Academy, 3130 COMMERCE PARKWAY, MIRAMAR, FL 33025 Governing Law 21. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Florida (the "State"), without regard to the jurisdiction in which any action or special proceeding may be instituted. General Terms 22. Time is of the essence in this Agreement. 23. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement. 24. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected. 25. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties. Notice to Lessee 26. NOTICE TO THE LESSEE: This is a lease. You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it. If you have any questions, you may contact: Buildbots Robotics Academy LLC. www.Buildbots.com 3130 Commerce Pkwy, Miramar, FL 33025 888.761.8484 Email: info@Buildbots.com https://www.Buildbots.com
Terms and Conditions
Recommendations Out of respect for other students and the instructor, please make sure: To be on time for the start of classes as well as for dismissal. The student arrives with clean hands to the class to ensure minimal spread of germs as well as to help maintain the cleanliness of the equipment. Photographs and Videos Throughout the program we take pictures and/or videos of our students working, on field trips, competitions or other special events. Pictures and videos may be used to prepare special presentations for the parents of the children as well as for promotional material of the program. By registering your child you authorize us to use the likeness of your child for any legal use, including but not limited to publicity, copyright purposes, illustration, advertising and web content. You agree that no royalty, fee or other compensation shall become payable to you by reason of such use. Conditions: Event Cancellation - Buildbots Robotics Academy reserves the right to cancel any event up to a week before the event starts. Parents or legal guardians will be informed immediately and the registration fee returned. Instructor Absence - In the case of the instructor being ill or away, we have full responsibility to make up all time lost at a mutually agreeable time. Misuse of material - Parents have full responsibility to pay any material or equipment damage for improper use by their son/daughter. Behavior - Children must agree to abide to the rules set by Buildbots Robotics Academy and its employees. Buildbots reserves the right to remove from the program/camp any child who does not comply with the behavior standards expected in the camp. No refunds will be provided in this case. Damage - Parents are responsible for any damages made by their children to the equipment or the specific premises where the classes/camps are being held. Risk - In consideration of being allowed to participate in any way in the Buildbots Robotics program I, the parents(s) and/or legal guardians(s) of the minor registered agree to assume all risk of any kind of injury or damage my child may receive or sustain as a result of participation, including property loss, property damage or personal injury. Withdrawal and Absence Policy - No refunds will be made after each module starts. No adjustment of fees, refunds or make up classes will be made for time lost or lessons missed by campers due to truancy, lateness, and social inconvenience or extended holidays. I hereby, by registering my child in this program, waive and release Buildbots Robotics Academy, its associates and employees, directors and owners from any and all liabilities. Terms and conditions are subject to change with no prior notice.
COVID-19 Hold Harmless Agreement
Customer agrees that there is a risk of illness and death from Covid-19 that may arise from using the material provided and agrees to assume that risk. Customer agrees, to the fullest extent of the law, to indemnity, save, defend and forever hold harmless Buildbots Robotics Academy, its affiliated or related entities, partners, officers, directors, agents, servants, and employees from any liabilities, damages, costs, penalties, fines, fees, losses, suits, demands, causes of action, judgments, obligations, claims and expenses, including but not limited to reasonable attorney’s fees and associated costs (whether pre-trial, at trial, mediation or at arbitration and/or in connection with any appeals) incurred, sustained, arising out of, or connected with any injury to persons however caused, or from any matter whatsoever, arising out of the use by Customer and/or Customer’s family/party of the material provided by Buildbots.
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I agree to the End User Licensing Agreement, Equipment Rental Agreement, Terms and Conditions and COVID-19 Hold Harmless Agreement.
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