LXP:Learning Experience Platform

Connexus Group, LLC (“Connexus”) End User License Agreement PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE INSTALLING OR USING THE CONNEXUS PRODUCTS OR SUBSCRIBING TO THE CONNEXUS SERVICES. BY INSTALLING OR USING THE CONNEXUS PRODUCTS OR CONNEXUS SERVICES YOU, AS THE REGISTERED END-USER (“YOU”), ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE CONNEXUS PRODUCTS OR CONNEXUS SERVICES. General Provisions 1. General. You acknowledge that this non-transferable License is between You and Connexus only. By installing a Connexus Product or using a Connexus Service, You acknowledge that You are at least 18 years of age, or You are 13 years of age or older and Your parent or guardian has read, understands, and agrees to the terms of this License. The software, application, documentation, or file (in print, electronic, or other form), and any included Content (as defined above), (individually, a “Connexus Product,” or, collectively the "Connexus Products") are licensed, not sold, to You by Connexus for Your personal, non-commercial use only under the terms of this License, and Connexus reserves all rights not expressly granted to You. Your membership in, purchase of, or use of any subscription service or other ongoing relationship allowing You access to Content (a “Connexus Service,” or collectively, the “Connexus Services”) does not grant you any right in the Content except that explicitly provided in this License. The rights granted herein are limited to Connexus’s and its licensors' intellectual property rights in the Connexus Products or Content and do not include any other intellectual property rights. You may own the device and/or media on which the Connexus Products are recorded but Connexus and/or Connexus’s licensor(s) retain ownership of the Content, Connexus Products, and Connexus Services. The terms of this License will govern any updates provided by Connexus that replace and/or supplement the original Connexus Products or Connexus Services, unless such update is accompanied by a separate license in which case the terms of that license will govern. 2. Permitted License Uses and Restrictions. This License allows You to install and use, in accordance with this License, the Connexus Products on authorized devices under Your exclusive control, solely for Your personal, non-commercial use; this license allows You to access or display Content (defined below) provided by the Connexus Services to which you are a subscriber, solely for your personal and non-commercial use during the term of Your subscription. You are not authorized or permitted to reproduce, share, post, modify, distribute, translate, reverse engineer, decompile, dissemble, or create derivative works of any content, including without limitation images, video, audio, text, music, maps, animation, virtual tours, charts, widgets, and other copyrighted or otherwise proprietary content (collectively, “Content”) included in the Connexus Products or Connexus Services, or any portion thereof, including security software or technology, except as expressly permitted by a specific element of Content or this License. Additionally, you may not sell, assign, rent, lend, transfer, assign distribute or grant any rights in the Connexus Products or Connexus Services except as provided herein or in a specific Connexus Product. 3. Consent to Use of Data. You agree that Connexus may collect and use technical and related information (e.g. technical information about Your experience installing and using the Connexus Products or Connexus Services, Your device, system, and application software, etc.) that is gathered periodically to facilitate the provision of Connexus Products and Connexus Services updates, product support, and other services to You (if any) related to the Connexus Products or Connexus Services and to verify compliance with the terms of this License. Connexus may add or revise a privacy statement from time to time and posted on the Connexus web site home page or within a Connexus Product, as long as it is in a form that does not personally identify You, to improve our products or to provide services or technologies to You. The Connexus Privacy Policy is hereby incorporated by reference. You agree that Connexus/Simple Ministry may add your information in to our email database for future communication. 4. Use of Content. a. The Connexus Products and Connexus Services may include Content from third parties or links to certain third-party web sites. You acknowledge and agree that Connexus is not responsible for examining or evaluating the content or accuracy of any such third-party Content or web sites. Connexus does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party Content or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to You. You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Connexus is not in any way responsible for any such use by You. You understand and acknowledge that by accessing content from third parties, You may encounter material that You deem offensive, indecent, or objectionable, and that You access such Content at Your sole risk and Connexus will have no liability to You for material that may be found offensive, indecent, or objectionable. b. You agree that the Connexus Products and Connexus Services include Content and proprietary information that is owned by Connexus and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such Content in any way whatsoever except as expressly permitted by this License or applicable law. You shall not exploit the Content on Connexus Products in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. c. Connexus and its licensors reserve the right to change, suspend, remove, or disable access to any Content at any time without notice. In no event will Connexus be liable for the removal of or disabling of access to any such Content or services, including Connexus Services. Connexus may also impose limits on the use of or access to certain Content, in any case and without notice or liability. 5. Support Services. Support services related to the Connexus Products and Connexus Services ("Support Services") may be provided by Connexus in its sole discretion. Any supplemental software code provided to You as part of the Support Services shall be considered part of the Connexus Products or Connexus Services and subject to the terms and conditions of this License. With respect to technical information You provide to Connexus as part of the Support Services, Connexus may use such information for its business purposes, including for product updates and development, in accordance with the Connexus Privacy Policy. 6. Updates. A Connexus Product or Connexus Service labeled or otherwise identified by Connexus as an update replaces and/or supplements the prior Connexus Product You licensed or Connexus Service to which You subscribed. Only You are eligible to use the update and may only do so in accordance with the terms of this License. 7. Termination. This License is effective until terminated or until Your subscription to the Connexus Services terminates or expires (i.e. expiration of termination of your Client Agreement with Connexus). Your rights or subscription governed by this License may terminate automatically without notice from Connexus if You fail to comply with any term(s) of this License. Upon the termination of this License, You shall cease all use of the Connexus Products but may download in personal data out of the platform before termination. 8. End User Warranty. By Your installation or use of a Connexus Product or Connexus Service, You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” nation, and that You are not listed on any U.S. Government list of prohibited or restricted parties. 9. Limited Warranty. Connexus warrants that it will make reasonable efforts to correct material defects as defined in Connexus’s discretion, “Material Defects”) in the Connexus Products or Connexus Services that Connexus becomes aware of. You may have to re-install an updated version of the Connexus Product once Connexus has corrected the Material Defect. CONNEXUS DOES NOT WARRANT THAT IT WILL CORRECT ALL DEFECTS, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, MAKES NO OTHER WARRANTY REGARDING THE CONNEXUS PRODUCTS OR CONNEXUS SERVICES. Your sole and exclusive remedies should You experience a Material Defect related to a Connexus Service is to log out of the Connexus Service and log in again, re-install the Connexus Product, or terminate Your subscription to the Connexus Service, subject to the terms of Your Client Agreement. 10. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONNEXUS PRODUCTS, CONNEXUS SERVICES, AND CONTENT (AS DEFINED ABOVE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONNEXUS PRODUCTS, CONNEXUS SERVICES, AND CONTENT ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CONNEXUS AND CONNEXUS’S LICENSORS (COLLECTIVELY REFERRED TO AS "CONNEXUS" FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONNEXUS PRODUCTS, CONNEXUS SERVICES, AND CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CONNEXUS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CONNEXUS PRODUCTS, CONNEXUS SERVICES, OR CONTENT, THAT THE FUNCTIONS CONTAINED IN THE CONNEXUS PRODUCTS, CONNEXUS SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CONNEXUS PRODUCTS, CONNEXUS SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CONNEXUS PRODUCTS, CONNEXUS SERVICES, OR CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CONNEXUS OR AN CONNEXUS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CONNEXUS PRODUCTS OR CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 11. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CONNEXUS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CONNEXUS PRODUCTS, CONNEXUS SERVICES, OR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CONNEXUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Connexus’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of the amount You paid for the Connexus Products or fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Georgia, as applied to agreements entered into and to be performed entirely within Georgia between Georgia residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 13. Electronic Contracting. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by and to pay for such agreement and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions You enter into on this site related to the Connexus Product or Connexus Services, including notice of cancellation, policies, contracts, and applications. 14. Modifications. Connexus reserves the right to modify this License from time to time. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement; Your continued use of the Connexus Products or Connexus Services will be deemed an acceptance thereof. 15. Complete Agreement; Governing Language. This License, in conjunction with the Client Agreement, constitutes the entire agreement between the parties with respect to the use of the Connexus Products licensed hereunder or Connexus Services governed by this License and supersedes all prior EULAs or prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Connexus. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern. Any complaint or request for Support Services should be directed to the developer of the Licensed Application, Connexus Group, LLC which receives requests at P.O. Box 333 Grayson, GA 30017. All Rights Reserved Copyright®2020 Connexus Group, LLC - EULA