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Single-User License Agreement
Download AvScholars® Single-User License Agreement (PDF).

THIS IS A LEGAL DOCUMENT --- RETAIN FOR YOUR RECORDS
Licensor:
AvScholars Publishing
Matteson, Il USA
Revision 10-10-2009


NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: RESTRICTIONS CONTAINED IN SECTION 6; TERM AND TERMINATION IN SECTION 11; LIMITATION OF WARRANTY AND LIABILITY IN SECTION 16; NO WARRANTIES IN SECTION 17; AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 20. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: F YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. VISIT AVSCHOLARS' SOFTWARE REFUND POLICY AND PRODUCT GUARANTEE AT www.financialaidscholarshipworkshop.com/refundpolicy.html  FOR TERMS OF AND LIMITATIONS ON RETURNING THE SOFTWARE FOR A REFUND.

THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY MAY CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET AND MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED. 

THE SOFTWARE AND ITS CONTENT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.

1. Definitions.
The following definitions are applicable to this License Agreement:

"AvScholars" means AvScholars Publishing, 6316 Garden View Lane, Matteson, IL 60443, and its licensors, if any, which is the entity granting this license to You under the terms and conditions of this License Agreement.

"License Agreement" means either the Single-User, Multiple-User, or Site License Agreement which contains AvScholars' terms and conditions for the use of the Software.

"Computer" means a virtual or physical computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. 

"Software" refers to the Financial Aid and Scholarship Workshop (eLearning Course) which means (a) all of the information with which this License Agreement is provided, including but not limited to (i) AvScholars or third party software files and software and other computer information; (ii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with AvScholars software and not obtained from AvScholars or another party through a separate service ("Content Files"); (iii) related explanatory written materials and files ("Documentation"); and (iv) and any modified versions and copies of, and upgrades, updates and additions to, such information, provided to You by AvScholars at any time, to the extent not provided under a separate agreement (collectively, "Updates"). 

"You/Your" means the individual or entity (referred to as the End User) who purchased the Software and who is entering into this License Agreement.

"INSTALL" means to copy the Software to a hard disk drive or similar storage device.

"USE" means to access, install, run, display, download, copy or otherwise benefit from using the functionality of the Software.

"PRODUCT MEDIA" refers to the medium in which or on which the Software is embodied or contained, whether on a disk(s), CD-ROM(s), digital file(s), or pursuant to technology now known or hereinafter developed.

"Updates" means updates, upgrades, enhancements or improvements to the Software.

"Internal Network" means a private, proprietary network resource accessible only by individuals of a specific organization, corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.

2. Grant of License to a Single-User.
The only right granted to You of this Single-User License by AvScholars is the non-exclusive, revocable, non-transferable right to use the software and accompanying documentation in accordance with this License Agreement. A Single-User License is registered to one specific individual on one computer at any time for use only by You, and is not intended for access by multiple users on one machine, or for installation on a network (computer file server) or in a computer laboratory.

For a Single-User License only, the registered single user may install the Software on a primary stand alone computer for his or her exclusive use. You must use the Software at all times in a manner that is consistent with the Software license granted to You by other companies that have provided software for your computer. You may not install or use the Software on a distributed or multi-user computer system, such as a computer lab, computer workshop, local area or wide area network, intranet, the Internet, or multi-user accessible computer, or any other computer or electronic device now known or hereinafter developed ("Computer"); the Software must be used on a local hard drive only.

If You obtained the Software from AvScholars or one of its authorized resellers, and subject to Your compliance with the terms of this License Agreement, including the restrictions in Section 5, You must install and use the Software and documentation in the manner and for the purposes described as follows:

2.1 General Use. AvScholars grants You the right to install and use the Software on a single compatible computer (such as a desktop or portable computer) as long as the software is for the exclusive use of the owner and only one machine may be running the software at any one time. A Single-User License is for non-concurrent use only.

2.2 Backup and Archival Copies. You may make one backup and one archival copy of the Software, provided your backup and archival copies are not installed or used on any computer and further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. You may not transfer the rights to a backup or archival copy unless you transfer all rights in the Software as provided under Section 10.

2.3 Not For Resale Software. If this Software is marked "Not for Resale" or "NFR", your license precludes resale of the software under any circumstances.

2.4 Academic or Educational. If this Software is marked "Academic" or "Educational," this license only permits the use of the Software in qualified educational settings.

2.5 Any variance of the any of the above conditions must be granted in writing by AvScholars.

3. Distribution of the Software.
The software will be distributed to You under the Single-User License by electronic means to Your email address that was designated by You on the order form (online or paper order form). After Your order has been approved, You will receive an email confirmation that will include links, instructions for downloading the Software, and the registration code to register and unlock the software.

4. Registration Codes.
Free Trial version of the Software comes with a fifth teen (15) - day evaluation period, as applicable, in which you will receive an evaluation code. You will receive a registration code by email when you elect to purchase the Software from either AvScholars or an authorized reseller. The registration code will enable you to activate the Software. You may not re-license, reproduce or distribute any registration code except with the express written permission of AvScholars. If the Software that you have licensed is an upgrade or an update, then the update or upgrade terminates the previously licensed copy of the Software to the extent it is being replaced. The update or upgrade and the associated license keys does not constitute the granting of a second license to the Software in that you may not use the upgrade or update copy in addition to the copy of the Software that it is replacing and whose license has terminated.

5. Software Activation.
5.1 The Software may use your internal network and Internet connection for the purpose of transmitting license-related data at the time of installation, registration, use, or update to AvScholars' third party-operated license server and validating the authenticity of the license-related data in order to protect AvScholars against unlicensed or illegal use of the Software and to improve customer service. Activation is based on the exchange of license related data between your computer and AvScholars' third party license server. You agree that AvScholars may use these measures and you agree to follow any applicable requirements. You further agree that use of license registration codes that are not or were not generated by AvScholars and unlawfully obtained from AvScholars, or an authorized reseller as part of an effort to activate or use the Software violates AvScholars’ intellectual property rights as well as the terms of this License Agreement. You agree that efforts to circumvent or disable AvScholars’ copyright protection mechanisms or license management mechanism violate AvScholars’ intellectual property rights as well as the terms of this License Agreement. AvScholars expressly reserves the rights to seek all available legal and equitable remedies to prevent such actions and to recover lost profits, damages and costs.

5.2 The terms and conditions of the Privacy Policy are set out in full at http://www.financialaidscholarshipworkshop.com/privacypolicy.html and are incorporated by reference into this License Agreement. By your acceptance of the terms of this License Agreement or use of the Software, you authorize the collection, use and disclosure of information collected by AvScholars for the purposes provided for in this License Agreement and/or the Privacy Policy as revised from time to time. AvScholars has the right in its sole discretion to amend this provision of this License Agreement and/or Privacy Policy at any time. You are encouraged to review the terms of the Privacy Policy as posted on the AvScholars Web site from time to time.

6. Restrictions.
6.1 Maintenance of Copyright Notice. You must include with all copies of the Software all native resources, restrictions and copyright notices distributed with the original software. You must not remove or alter any copyright notices

6.2 Distribution. You may not distribute registered copies of the Software to third parties. Evaluation versions available for download from AvScholars' websites may be freely distributed.

6.3 Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software for any purpose whatsoever.

6.4 Rental. You may not rent, resell lease, sub-license, assign or lend the Software to third parties for any purpose whatsoever.

6.5 Support Services. AvScholars may provide You with support services related to the Software. Any supplemental software provided to You as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this License Agreement.

6.6 Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the Software

6.7 File Sharing and Placement on Servers. You must not intentionally or unintentionally make the Software available on any web server, ftp server, file sharing network, shared directory, or other location where any other person can acquire a copy of the Software. You are responsible for keeping the Software safe.

7. Ownership.
You own the product media (i.e. CD) on which the Software is recorded, but AvScholars retains all ownership, title and rights to the content and documentation in the Software’s copyright and any trademarks or service marks related to the content, narrations, documentation in the Software, including all rights in any portion(s) of the Software present in any output of the Software. Ownership of the Software may be subject to terms, conditions, or exceptions set forth elsewhere in this License Agreement. This License Agreement is NOT a sale of any of the content or the Software. AvScholars does not own the copyrights, trademarks, or service marks related any third party software used to create the Financial Aid and Scholarship Workshop (eLearning Course). The third party software is owned by their respective owners.

8. Copyrights.
All title and intellectual property rights in and to the content which may be accessed through the use of the Software is the property of AvScholars or its suppliers and the respective content owner and may be protected by applicable copyright or other intellectual property laws and by international treaty provisions. Among other things, copyright laws prohibit You from making derivative works of the Software. You may not claim that any of the content or the Software is Yours, and You may not use the name AvScholars Publishing, AvScholars, or the Financial aid and Scholarship Workshop (eLearning Course) to endorse or promote products derived from the Software without prior written permission. You may be held legally responsible for any copyright, trademarks, service marks or patent infringement that is caused or encouraged by Your failure to abide by the terms and conditions of this License Agreement.

9. Protection and Security.
You agree to use Your best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. You acknowledge that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to AvScholars. AvScholars is not responsible for lost or stolen Software.

10. Transfer.
You may not rent, lease, sublicense, assign or transfer Your rights of the Software or this License Agreement; authorize all or any portion of the Software to be copied onto another user’s Computer except as may be expressly permitted by this License Agreement; or any part thereof, whether directly or indirectly, without the prior written consent of an officer or a representative of AvScholars authorized in writing to exercise such authority on behalf of AvScholars.

11. Term and Termination.
This License Agreement takes effect on the day on which the Software is installed or used for the first time and remains in effect until expiration of the license and all copyright interests in the Software, unless earlier terminated. You may terminate this License Agreement at any time by destroying the original copy of the Software and any backup copies which You may have made, provided that You notify AvScholars in writing that You have done so. AvScholars may immediately terminate this License Agreement if You fail to comply with any of the terms or limitations of this License Agreement. Upon termination, the registration code(s) assigned to You will be deactivated and You will no longer be able to use the Software. You must also dispose of the Software and all copies or versions of the Software by destroying the Software.

This License Agreement shall be renewable at the end of the current subscription term for a successive three or six month term unless either party gives written notice of its intention not to renew the Software before expiration of the current term. If the Software expires, You will not be able to access any portion of the Software, unless You purchase a new license.

12. Export Law Assurances.
You agree that the Software is to be used only in the United States and that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, You represent and warrant that You are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that You are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if You fail to comply with the terms of this License Agreement.

13. Updates/Upgrades.
At Avscholars' sole discretion, AvScholars may provide You with updates, upgrades, enhancements or improvements (to be referred to collectively as "Updates") to the Software and retains the right to provide such Updates for a fee. If the Software is an upgrade or update to a previous version of the Software, You must possess a valid license to such previous version in order to use such upgrade or update. 

After You install such update or upgrade, You may continue to use any such previous version in accordance with this License Agreement only if (a) the upgrade or update and all previous versions are installed on the same Computer, (b) the previous versions or copies thereof are not transferred to another party or device unless all copies of the update or upgrade are also transferred to such party or device and (c) You acknowledge that any obligation AvScholars may have to support the previous version(s) may be ended upon the availability of the upgrade or update. No other use of the previous version(s) is permitted after installation of an update or upgrade. Upgrades and updates may be licensed to You by AvScholars with additional or different terms.

14. Pre-Release and Evaluation Software Terms.
If the product you have received with this license is pre-commercial release or beta Software (“Pre-release Software”), then this Section applies. In addition, this section applies to all trial, evaluation, demonstration, education, and Not-For-Resale (NFR) versions of the Software (“Evaluation Software”) and continues in effect until you purchase a license.

"Trial Version" means a version of the Software used prior to purchase of a license during the allowed evaluation period, to be used for demonstration and evaluation purposes only for a limited time period, and not for any commercial purposes. The Trial Version may have limited features and/or functionality, may lack the ability for the user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version. "Education Version" means a version of the Software, so identified, for use by students and faculty of educational institutions, only. "Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only.

To the extent that any provision in this section is in conflict with any other term or condition in this License Agreement, this section shall supersede such other term(s) and condition(s) with respect to the Pre-release and/or Evaluation Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Pre-release Software is a pre-release version, does not represent final product from AvScholars, and may contain bugs, errors and other problems that could cause system or other failures and data loss.

CONSEQUENTLY, THE PRE-RELEASE AND/OR EVALUATION SOFTWARE IS PROVIDED TO YOU “AS-IS” AND AT YOUR OWN RISK. SEE LIMITATION OF WARRANTY AND LIABILITY IN SECTION 18; NO WARRANTIES IN SECTION 19; WHICH GOVERN THE PRE-RELEASE AND/OR EVALUATION SOFTWARE.

You acknowledge that AvScholars  has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future that AvScholars  has no express or implied obligation to you to announce or introduce the Pre-release Software, and that AvScholars  may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this License Agreement, if requested by AvScholars, you will provide feedback to AvScholars regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, your use of the Software is governed by such agreement. You may not sublicense, lease, loan, rent, distribute or otherwise transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by AvScholars of a publicly released educational or commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from AvScholars  and to abide by the terms of the license agreement for any such later versions of the Pre-release Software.

15. Third Party Software and Offerings.
15.1 The Software may contain and/or require third party software. The Third-Party Software is governed by separate license agreements that accompany such services or software. AvScholars offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Software, including any liability resulting from incompatibility between the Third-Party Software and the Software offered by AvScholars. You agree that you will not hold AvScholars responsible or liable with respect to the Third-Party Software or seek to do so. You can review the Third Party Software license agreement by visiting their respective web site.

15.2 The Software may allow You to access and inter operate with third party websites, software applications, and data services, including rich Internet applications (collec“Third Party Offerings”). Your access to and use of any Third Party Offering, including any goods, services or information, is governed by the terms and conditions respecting such offerings. Third Party Offerings are not owned or provided by AvScholars.

16. Limitation of Warranty and Liability.
AvScholars warrants that, for a period of ninety (90) days from the date of initial use by You, the Software shall operate substantially in accordance with the published functional specifications current at the time of disbursement. If, during the warranty period, a defect appears, You shall return the Software to AvScholars and AvScholars' only obligation shall be to replace the defective Software. You agree that the foregoing constitutes that Your sole and exclusive remedy for breach by AvScholars under any warranties made under this License Agreement. This warranty does not cover any Software that has been altered or changed in any way by anyone other than AvScholars. AvScholars is not responsible for problems associated with or caused by incompatible computers, operating systems or equipment, or for problems in the interaction of the Software with software not furnished by AvScholars.

No oral or written information or advice given by AvScholars or its dealers, distributors, employees or agents shall in any way extend, modify or add in any way the scope of this warranty, and You may NOT rely on such information or advice.

THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION MATERIALS. IN NO EVENT WILL AVSCHOLARS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, LICENSING, OR DELIVERY OF THE SOFTWARE AND THE DOCUMENTATION MATERIALS SHALL BE LIABLE TO YOU, THE LICENSEE, AND AUTHORIZED USERS FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF AVSCHOLARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AVSCHOLARS SHALL, ALSO, NOT BE LIABLE FOR CHANGES TO ANY RESIDENT OR POST INSTALLED THIRD PARTY SOFTWARE THAT MAY OCCUR UPON INSTALLING THE SOFTWARE. YOU AGREE AND UNDERSTAND THAT AN ACTIVE INTERNET CONNECTION IS REQUIRED FOR USE OF THE SOFTWARE AND ANY COSTS ASSOCIATED TO YOUR USE OR IDLE ACTIVITY OF THE SOFTWARE IS YOUR LIABILITY. IN ANY EVENT, AVSCHOLARS RESPONSIBILITY FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT OF THE ORIGINAL PURCHASE PRICE AND LICENSE FEE YOU PAID FOR THE SOFTWARE TO AVSCHOLARS.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

17. No Warranties.
THE SOFTWARE AND OTHER INFORMATION IS BEING DELIVERED TO YOU "AS IS" AND AVSCHOLARS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. AVSCHOLARS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, AVSCHOLARS AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE IS NEITHER GUARANTEED NOR WARRANTED TO BE ERROR-FREE NOR SHALL ANY LIABILITY BE ASSUMED BY AVSCHOLARS IN THIS RESPECT.

AVSCHOLARS DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SOFTWARE. AVSCHOLARS MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. AVSCHOLARS FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO YOU OR TO ANY THIRD PARTY, SECTION 15 AND SECTION 16 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS LICENSE AGREEMENT.

18. Indemnities.
Both AvScholars and You agree to indemnify and hold harmless the other party for any losses, claims, damages, awards, penalties, or injuries incurred by any third party (including reasonable attorney’s fees) that arise from any alleged breach of the indemnifying party’s representations and warranties made under this License Agreement, so long as the indemnifying party is promptly notified of any such claims. 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. This indemnity shall survive the termination of this License Agreement.

19. Governing Law.
This License Agreement is governed by and construed in accordance with the laws of the State of Illinois, USA. Exclusive venue for all mediation and arbitration shall be in Cook County, Illinois. If any provision of this License Agreement is unenforceable, the rest of it shall remain in effect.

20. Specific Provisions and Exceptions.
This section sets forth specific provisions related to certain products and components of the Software as well as limited exceptions to the above terms and conditions of this License Agreement. To the extent that any provision in this section is in conflict with any other term or condition in this License Agreement, this section will supersede such other term or condition. 

20.1 Taxes: You shall pay any applicable taxes in respect of the licenses granted and fees paid in connection with this License Agreement.

20.2 Online Services.
20.2.1 The Software may rely upon or facilitate Your access to websites maintained by AvScholars or its affiliates or third parties offering goods, information, software and services ("Online Services"). Your access to and use of any website or online services is governed by the terms, conditions, disclaimers and notices found on such site or otherwise associated with such services. AvScholars may at any time, for any reason, modify or discontinue the availability of any website and Online Services.

20.2.2 AvScholars does not control, endorse or accept responsibility for websites or Online Services offered by third parties. Any dealings between You and any third party in connection with a website or Online Services, including delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party.

20.2.3 EXCEPT AS EXPRESSLY AGREED BY AVSCHOLARS OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE LICENSE AGREEMENT, YOUR USE OF WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK UNDER THE LIMITATION OF WARRANTY AND LIABILITY IN SECTION 16 AND NO WARRANTIES IN SECTION 17.

20.3 Trademarks and Service Marks: AvScholars (R) and other trademarks contained in the Software or content are trademarks or registered trademarks of AvScholars Publishing in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This License Agreement does not authorize you to use AvScholars (R) or its licensors' names or any of their respective trademarks.

20.4 Dispute Resolution. In the event any dispute or controversy arising out of or relating to this License Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this License Agreement which are not affected by the dispute. If AvScholars and You cannot resolve the dispute after reasonable effort and a reasonable period of time, the parties agree to resolve the dispute using either mediation and/or arbitration in lieu of litigation. {The mediation clause and arbitration clauses may be chosen together, or the arbitration clause may be chosen by itself.}

a. Mediation. AvScholars and You may submit a dispute to a neutral, non-binding mediation prior to the commencement of arbitration, litigation, or any other proceeding before a trier of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator. (If a mediator cannot be agreed upon by the parties, each party shall designate a mediator and those mediators shall select a third mediator who shall act as the neutral mediator, assisting the parties in attempting to reach a resolution.). AvScholars and You will share equally in the cost of the mediator(s), and commit to completing at least four hours of mediation before seeking any other dispute resolution method, legal remedy, or equitable remedy. If the mediation is successful, its resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to both parties. At this point, You and AvScholars may seek another alternative form of resolution of the dispute or claim, consistent with the remaining terms of this License Agreement and other legal rights and remedies, or commence litigation.

b. Arbitration. If mediation does not resolve a controversy or dispute between AvScholars and You, the parties shall resolve the dispute by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this License Agreement. (In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator.) The arbitration shall take place at a location that is located in Chicago, Illinois, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than 45 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this License Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this License Agreement.

21. Force Majeure.
Neither party shall be liable in damages or have the right to terminate this License Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond their control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is effected.

22. Amendments.
AvScholars shall have the right to change or discontinue any aspect or feature of the Software, including but not limited to content, functionality, hours of availability (for online course), and equipment needed for access or use. AvScholars also reserves the right to modify the specific terms of this License Agreement Such changes, modifications, or additions shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on the Website, electronic or conventional mail, or any other by which you obtain actual knowledge. Any such changes, modifications, or additions will not be retroactive.

23. Waiver/Modification.
No waiver or modification of the terms of this Agreement shall be effective unless ratified in writing and signed by both You and AvScholars. This Agreement will not be amended or modified by the terms of any purchase order or acknowledgement, regardless of whether AvScholars may have accepted or signed the same. Any party’s failure to enforce the provisions of this Agreement shall not constitute or be construed as a waiver of any other provisions or rights.

24. Severability.
If any provision or provisions of this License Agreement shall be held to be invalid, illegal, and unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

25. Support.
Online support for the Financial Aid and Scholarship Workshop (eLearning Course) is free of charge, which includes online documentation and the Frequently Asked Questions Library. In addition, the AvScholars will provide you with e-mail and/or limited telephone support service during AvScholars’ normal business hours (Monday-Friday, 9:00am to 4:00 pm, Central Time). The email address for support questions is support (@) financialaidscholarshipworkshop.com; the telephone number for support is 773-837-5931.

Online Support at http://www.financialaidscholarshipworkshop.com/support/

26. General Provisions.
If any part of this License Agreement is found void and unenforceable, it will not affect the validity of the balance of this License Agreement, which shall remain valid and enforceable according to its terms. This License Agreement may only be modified by a writing signed by an authorized officer of AvScholars, updates may be licensed to You by AvScholars with additional or different terms. This is the entire License Agreement between AvScholars and You relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

27. Questions. 
Should you have any questions concerning this License Agreement, or if you desire to contact AvScholars for any reason, please contact AvScholars at:

AvScholars Publishing
PO Box 1275
Matteson, Illinois 60443
Telephone: (773) 837-5931
Fax: (773) 304-3558

Contact Us Form: click here

Website: www.financialaidscholarshipworkshop.com


 


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The Financial Aid and Scholarship Workshop (eLearning Course) provides four easy steps on how to apply for financial aid and increase your chances of scholarships to help pay for college.
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