Terms & Conditions

 

Non-Exclusive Copyright Licensing Agreement

This Non-Exclusive Copyright Licensing Agreement (“Agreement”) is made by the Parties, as defined below, for the limited non-exclusive use of all copyright protected work posted on the Driver Development Project website at driverdevelopmentproject.org (“Website”). Please note that by continuing to access materials on the driverdevelopmentproject.org website You are expressly agreeing to the Terms set forth Below. If anyone accessing the Work and materials posted on the Website does not agree to the terms of this Agreement, they must immediately cease all use and access of the Website. 

For purposes of this Agreement, the owners of the licensed property are Mark F. Butcher and Pamela A. Meyers, operating jointly as Driver Development Project. For purposes of this Agreement, the party granting the right to use the licensed property — Driver Development Project – shall be referred to as the “Owner” and the party who is receiving the limited royalty-free right to use the licensed property will be referred to as “User.” Collectively, Owner and User shall be referred to as “Parties.”

This Agreement shall be governed by the laws of the State of Washington and by the Terms set forth herein. This Agreement shall be effective from the date that copyright protected work is posted on the Driver Development Project website by Owner and at the first instance that the User accesses the copyright protected work.

Section 1

1. This Agreement is applicable to all copyrightable and/or copyrighted work published or posted on the Website by the Owner, including but not limited all articles, instructions, tutorials, photographs, videos, audio recordings, and instructional aids (collectively “Work”). All materials and Work posted on the Website are presumed to be owned by Owner unless otherwise stated on the Website.
2. The Parties agree that Owner owns all proprietary and copyright rights allowable under law related to the Work.
3. Owner shall retain all rights to the Work which are not transferred herein, and retains all common law copyrights and all federal copyrights which have been or which may be, granted by the Library of Congress. Nothing in this Agreement shall be construed or deemed to grant the User any ownership or rights in the Work.

Section 2

1. GRANT OF LICENSE: In accordance with this Agreement Owner grants User a non-exclusive license to use the Work for the limited purposes set forth herein. Owner retains title and ownership of the Work. The rights and licenses granted under this Section are royalty-free and both Owner and User agree that adequate consideration has been exchanged to enter into and performance under this Agreement.

 

2. TERM: The Parties agree that the License granted under this Agreement shall exist as long as the Work and any other intellectual property identified herein is entitled to protection under the laws of the United States.

 

3. TERMINATION: Owner reserves and shall have the absolute right in its sole discretion, at any time and without the consent or approval of any User or other party to terminate this Agreement. Upon the termination of this Agreement, all rights and permitted uses granted under this Agreement with respect to the Work shall cease and all rights will be retained by Owner. Upon notice of termination User agrees to cease and discontinue all uses of the Work for any purpose.

 

4. MODIFICATIONS: Unless the prior written approval of the Owner is obtained in writing, User may not modify or change the Work in any manner.

 

5. WARRANTIES: Owner makes no warranties with respect to the use, sale, or other transfer of Work. Owners make no warranties as to the accuracy of any of the Work posted on the Website. Owners make no warranties or representations regarding the legal requirements for permitting or requirements to legally operate a motor vehicle under the laws of the State of Washington or any other state or jurisdiction. User agrees to accept all Work “As Is.” In no event shall the Owner be liable for direct, indirect, special, incidental, or consequential damages – including but not limited to attorney’s fees – that may in any way be claimed as related to the Work.

 

6. MAINTENANCE OF WORK: The Parties agree that Owner is under no obligation to maintain or update any of the Work set forth on the Website. Owner does not warrant or represent that any of the Work has been updated or is maintained in an updated state.

 

7. PERMITTED USES: User shall not use Work posted on the Website for any purpose that is unlawful or prohibited by the terms of this Agreement.

 

Users may use the Work for the following purposes:

1. For the User’s own educational purposes;
2. As reference materials for User’s teaching new drivers and individuals learning to drive;
3. For use in connection with providing driver education courses that meet the following requirements:
   1. Users using Work in connection with providing a driver education course must include the following acknowledgment when utilizing the Work on any website, presentation or other demonstrative: “Documents and materials owned, prepared and provided by the Driver Development Project and available at the following website driverdevelopmentproject.org.”
   2. Users using Work in connection with providing a driver education course must present the Work as presented on the Website without modifications or edits to the Work.

• Users using Work in connection with providing a driver education course must not add any logos, trademarks, watermarks or other indicators of ownership that suggest, represent or imply that the User created, prepared, contributed to or owns the Work.

Users may not use the Work for the following purposes:

1. For any purposes prohibited by law;
2. For any other commercial purpose not expressly permitted in this Agreement;
3. Users may not sell, convey, assign, sublicense or otherwise transfer this License to any other person or entity;
4. Users may not alter, edit, amend or modify in any way the Work from the manner in which it is presented on the Website.
5. Users may not add any logos, trademarks, watermarks or other indicators of ownership that suggest, represent or imply that the User created, prepared, contributed or owns the Work.
6. For Use in any manner that expresses, implies or suggests that User in any way owns the Work.
7. For any Use or purpose not expressly permitted in this Agreement.
8. DERIVATIVE WORK: Unless granted permission expressly in this Agreement or in writing by Owner, User has no authority to make modifications or develop derivative work from Work posted on the Website. If User does so, User shall grant Owner a non-exclusive license to use for its own purposes any derivative work developed in connection with, referencing, referring to or in any way using the Work posted on the Website.

 

9. NO THIRD-PARTY BENEFICIARY: Nothing in this Agreement shall be deemed or construed to confer any rights upon any person or entity that is not a party to this Agreement.

Section 3

1. INDEMNIFICATION: Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement. Provided that the indemnifying party shall have the sole right to defend such claims at its own expense. The other party shall provide, at the indemnifying party’s expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request.

User expressly agrees to Indemnify Owner against any claims resulting from any User’s operation of a motor vehicle. User expressly agrees to Indemnify Owner against any claims resulting from any User’s use of the Work.

2. WAIVER OF LIABILITY: Owner does not make any warranties regarding the results of using any Work on the Website. Each User is responsible for educating themselves regarding all applicable laws of operating a motor vehicle in the State of Washington. Each User is responsible for ensuring the appropriate skill, knowledge, expertise, supervision and precautions while learning to operate a motor vehicle. Owners are not responsible for and User hereby waives any claims related to User’s operating of a motor vehicle following use of the Work posted on the Website. User hereby waives any claims related in any way to the operation of a driver education course or User’s use of Work in any way to teach another person how to drive or otherwise operate a motor vehicle.

 

3. AMENDMENT: This Agreement may only be modified or amended if the amendment is made in writing and posted on the Website by Owner.

 

4. SEVERABILITY: If any provisions of this Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a Court finds that any provisions of this Agreement is invalid or unenforceable, but that by limiting such provisions it would become valid or enforceable, then such provisions shall be deemed to be written, construed and enforced as so limited.

 

This Agreement contains the entire agreement of the Parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements. 

Please note that by continuing to access materials on the driverdevelopmentproject.org website You are expressly agreeing to the Terms set forth Above. If anyone accessing the Work and materials posted on the Website does not agree to the terms of this Agreement, they must immediately cease all use and access of the Website. 

 

AGREE