Terms and Conditions
THESE TERMS AND CONDITIONS APPLY TO THE ACCESS OR USE OF THE SCIENCE OF DISNEY IMAGINEERING (“SODI”) INTERACTIVE BETA APPLICATION (the “Beta Application”), AND, WHERE APPLICABLE, THE SODI WEBSITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING OR USING THE BETA APPLICATION. By clicking “I Agree – Activate SODI Beta Application” on the button below you signify your agreement to these terms and conditions, which constitute a BINDING LEGAL AGREEMENT. If you do not agree to these terms and conditions, click “CANCEL” and DO NOT use the Beta Application.
If you wish to have a copy of these terms, please access these terms and conditions at the SODI website and print them out.
Disney Educational Productions reserves the right, at its discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Please check these terms and conditions on the SODI website periodically for changes. Your continued use of the Beta Application following the posting of changes to these terms and conditions will mean you accept those changes.
- General. The Beta Application refers to all software, documentation and any content accessed through the software you are about to access that are protected by United States and international laws, including copyright laws and treaties. Disney Educational Productions, its parent, subsidiaries and related companies, their respective affiliates, and their respective licensors (collectively, “DEP”) own all right, title and interest to the Beta Application. Except for the specific rights licensed to you hereunder, DEP reserves all of its rights to the Beta Application. All trademarks and service marks displayed on the SODI website, if any, are the property of DEP or its affiliates.
- Title Not Transferred. These terms and conditions do not transfer title from the Beta Application to you. The rights granted herein are limited to certain DEP and its licensors’ rights and do not include any other patents or other intellectual property rights. As between you and DEP, you own the medium on which you record the software underlying the Beta Application (e.g., you own the hard drive on your computer). However, DEP and its licensors retain full and complete title to the Beta Application and all intellectual property rights therein.
- License and Restrictions. DEP hereby grants you, free of charge, a non-exclusive license to use the Beta Application for personal, non-commercial use only. You may not make the Beta Application available over a network where it could be used on multiple computers simultaneously.
DEP may configure the Beta Application with certain tags that identify the version of the Beta Application being used on your computer and which permit DEP to update this version without further notice to you. DEP shall have the right to poll your computer for the purpose of installing updated versions of the Beta Application or to uninstall such versions automatically.
You may not (and you agree not to permit another person to): (a) redistribute, sell or otherwise copy the Beta Application; (b) modify, translate or create derivative works based on the Beta Application; (c) attempt to decompile, reverse engineer, disassemble or otherwise reduce the Beta Application to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; (d) remove any identification, copyright or other proprietary notices; or (e) create software that incorporates the Beta Application. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Beta Application is not intended for use in connection with any high risk or strict liability activity and DEP makes no warranty and shall have no liability in connection with the use of the Beta Application in any such situations.
- No Warranty. THE BETA APPLICATION (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DEP DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. DEP DOES NOT WARRANT THAT THE BETA APPLICATION WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE BETA APPLICATION OR ANY CONTENT ACCESSIBLE THROUGH THE BETA APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DEP ONLINE WEBSITE OR THE OTHER WEBSITES OF DEP (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BETA APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE BETA APPLICATION WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER(S) ON WHICH THE BETA APPLICATION IS ACCESSED OR USED OR THE NETWORK OF WHICH SUCH COMPUTER(S) ARE A PART.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEP OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
To the extent the Beta Application offers any search features, you acknowledge that some content may not always be accessible. Thus, DEP explicitly disclaims any responsibility for the content or availability of information contained in DEP’s search index or directories.
- Indemnification. You hereby agree to indemnify, defend, and hold DEP and DEP’s affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You shall use your best efforts to cooperate with DEP in the defense of any claim. DEP reserves the right, at DEP’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Limitation on Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DEP BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE BETA APPLICATION OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE BETA APPLICATION, EVEN IF DEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BETA APPLICATION OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BETA APPLICATION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL DEP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO DEP, IF ANY, FOR ACCESSING THE BETA APPLICATION OR $50, WHICHEVER IS LESS.
The foregoing limitations will apply even if the above stated remedy fails in its essential purpose.
- Compliance with Laws. Unless otherwise expressly specified, the Beta Application (and any content) is presented solely for the purpose of promoting programs, applications and other products available in the United States and its territories, possessions, and protectorates. DEP is operated from the United States offices. DEP makes no representation that the Beta Application is appropriate or available for use in any particular location. Those who choose to use the Beta Application do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Termination. These terms and conditions are effective until terminated by either party in accordance with this Section 8. DEP reserves the right, in DEP’s sole discretion, to terminate your (or any group of users’) access to any or all of the Beta Application and the related services or any portion thereof at any time, without notice. Upon termination, you must cease use of the Beta Application, erase from all computer memories and storage devices within your possession or control, and destroy all materials obtained in connection with the Beta Application and all related documentation and all copies and installations thereof, whether made under these terms and conditions or otherwise.
- Export Law Assurances. You agree not to use or otherwise export or re-export the Beta Application except as authorized by United States law and the laws of the jurisdiction in which the Beta Application was obtained. Without limiting the foregoing, the Beta Application may not be exported or re-exported (a) into (or to a national or resident of) any United States embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing the Beta Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
- Government End Users. The Beta Application (and its components) are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. DEP reserves any unpublished rights.
- Entire Agreement. These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between DEP and you relating to the subject matter herein and shall not be modified except in writing, signed by both parties.