NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE LICENSEE ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: RESTRICTIONS CONTAINED IN SECTION 8; TERM AND TERMINATION IN SECTION 13; LIMITATION OF WARRANTY AND LIABILITY IN SECTION 18; NO WARRANTIES IN SECTION 19; AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 22. 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"). 

“Licensee" means the individual or entity who purchased and registered the Software and who is entering into this Site/District License Agreement. The Licensee provides access via their owned- or leased-computers and the Internet to the Software for their Authorized Users, and is responsible for payment of fees and charges in connection therewith, and implementation of this License Agreement.

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

"Commercial Use" shall mean use for the purposes of monetary reward (whether by or for the Licensee, an Authorized User, or any other person or entity) by means of sale, resale, loan, transfer, hire, or other form of exploitation of the Software;

"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.

"Subscription Period" means the period commencing on the date on which the Online Registration Materials are completed and in relation to each Licensed Work shall continue (subject to the provisions for earlier termination contained below) for so long as the Licensee has a current institutional subscription for that Licensed Work  for online access or which includes online access

2. Grant of Site and District License.
A Site License permits Licensee to make multiple copies of the Software and use the copies on the specified number of computers at the same time within a single Site location for internal educational purposes, according to the License Agreement. A "Site" is defined as a single building or campus address of a teaching institution (not a School District) occupying a single building or campus address. Any use outside of this single Site is not permitted, except for home use by students who attend school on this Site. Licensee may not use the Software at more than one Site during any one time period except under a District License as defined below.

A District License applies to all Sites located within a single school district as a legal unit and authorizes the same uses and copying as are permitted under a Site License at each of the Site locations within the District for internal educational uses.

If Licensee obtained the Software from AvScholars or one of its authorized resellers, and subject to Licensee’s compliance with the terms of this License Agreement, including the Restrictions in Section 8, Licensee must install and use the Software and documentation in the manner and for the purposes described as follows:

2.1 Backup and Archival Copies. Licensee may make one backup and one archival copy of the Software, provided the Licensee’s backup and archival copies are not installed or used on any computers at another Site 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. Licensee may not transfer the rights to a backup or archival copy unless Licensee transfers all rights in the Software as provided under Section 12.

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

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

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

3. Authorized Users and Use.
3.1 Authorized Site. An Authorized Site is a localized site (one geographical location) that is under a single administration and may be academic or nonacademic. For organizations located in more than one city, each city is considered to be a different site. For organizations, which have multiple locations in the same city, that are administered independently, each location is considered to be a different site. No access from remote campuses or remote sites and no consortia or other forms of subscription sharing are allowed under this Site License.

3.2 Authorized Users. AvScholars and the Licensee define “Authorized Users” as the following:

(a) The Licensee’s full-time and part time students and their parents, regardless of their physical location;

(b) The Licensee’s full-time and part-time employees (including faculty, staff, affiliated researchers and independent contractors), regardless of their physical location; and

(c) Patrons not affiliated with the Licensee who are physically present at Licensee’s site(s) (later referred to as “Walk-ins”).

3.3 Authorized Uses. (What Licensee and Authorized Users can do.)
The Licensee and the Authorized Users may access or use the Software and Documentation in ways that are consistent with this License Agreement’s terms and conditions and the Fair Use Provisions of United States and international copyright laws. The Software may be used for purposes of scholarly, research, educational or other non-commercial use. Additionally, the Licensee and Authorized Users may access or use the Software and Documentation for the following purposes:

(a) The right to browse, search, retrieve, display and view the Software;

(b) Authorized Users may download, view, copy and save to hard disk or diskette and store or print single copies of individual Documents, or portions of such Documents for the Authorized Users' personal use, scholarly, educational, scientific research, share such copies with other Authorized Users of Licensee,
and the Licensee's internal business use provided they keep intact all copyright and other proprietary notices;

(c) Licensee is permitted to provide a hardcopy of individual Documents to individual students (Authorized Users) in a class at Licensee's location;

(d) Licensee may charge a reasonable fee to cover costs of copying or printing portions of Software’s documentation for Authorized Users;

(e) Licensee and Authorized Users may use a reasonable portion of the Software and Documentation in the preparation of Course Packs or other educational materials. 

(f) Licensee will undertake all necessary authentication and verification processes to ensure only Authorized Users can access the Software and Documentation.

(g) Licensee and Authorized Users shall be permitted to extract or use information contained in the Software for scholarly, educational, research or personal purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis. 

(h) Upon request of Licensee, Licensee may receive from AvScholars and/or create one (1) copy of the entire set of the Software and Documentation to be maintained as a backup or archival copy during the term of this License Agreement;

(i) Authorized Users may transmit to a third party in hard copy or electronically, minimal, insubstantial amounts of the Software‘s Documentation for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial purposes. 

(j) Copies of all documentation from the Software must include the proper copyright notice in such materials: Reprint with permission from AvScholars Publishing © (Indicate Year), on the portion reproduced. Deletion or modification of the copyright notice is not allowed.

(k) Subject to the terms of this License Agreement, Licensee and its Authorized Users shall have unlimited access to the Software during the license’s period.

(l) Interlibrary Loan Policy. Licensee may download and print individual documents that are faxed, mailed, hand-delivered, or scanned and transmitted electronically to a requester under Licensee's interlibrary loan procedures, so long as the requesting institution is a non-commercial library located in the same country as Licensee. No other form of electronic transmission or forwarding of material is permitted.

3.4 Unauthorized Uses. (What Licensee and Authorized Users cannot do.)
This License Agreement describes all permitted uses. Any other use is prohibited, is a violation of this License Agreement and can result in immediate termination of this License. Additionally, the Licensee and Authorized Users may not access or use the Software and Documentation for the following purposes:

(a) An Authorized User may not make the Software or Documents, available to anyone other than another Authorized User, whether by Internet link, or by permitting access through his or her terminal or computer; or by other similar or dissimilar means or arrangements.

(b) Authorized Users may not restrict or inhibit any other Authorized User's access to or use of the Software.

(c) Licensee shall not knowingly permit anyone other than Authorized Users to use the Software.

(d) Specifically, no one is authorized to transmit, copy, or distribute any Software, Product, or Document in any manner or for any purpose except as described in Section 3 of this License, without AvScholars’ prior express written permission. In particular, except as described in Section 3, no one may, without the prior express written permission of AvScholars: (a) distribute or forward a copy (electronic or otherwise) of any article, file, or material obtained from any AvScholars Software or Document; (b) reproduce or photocopy any standard, article, file, or material from any AvScholars’ Software, Product; (c) alter, modify, adapt, or translate any standard, article, file, or material obtained from any AvScholars’ Software or Product; (d) include any standard, article, file, or material obtained from any AvScholars Software, Product or Document in other works or otherwise create any derivative work based on any materials obtained from any AvScholars Software, Product or Document; (e) impose any charge for a copy (electronic or otherwise) of any standard, article, file, or material obtained from any AvScholars Software, Product or Document, except for normal printing/copying costs where such reproduction is authorized under Section 3; or (f) systematically download, archive, or centrally store substantial portions of standards, articles, files, or material obtained from any AvScholars Software, Product or Document. Inclusion of print or electronic copies in coursepacks or electronic reserves, or for distance learning use, is not authorized by this License and is prohibited without AvScholars’ prior written permission. 

(e) Authorized Users may not modify, adapt, transform, translate, recompile or create any derivative work based on any materials included in the Software, or otherwise use any such materials in a manner that would infringe the copyright therein. Any copyright notices, other notices or disclaimers included by AvScholars in the Software, Documents, or any accompanying screen displays may not be removed, obscured or modified in any way.

(f) Licensee may not use the Software or Product, or access to the Software or Product, for commercial purposes, including but not limited to the sale of the Software, Documents, materials, fee-for-service use of the Software, Product or bulk reproduction or distribution of Software or Documents in any form; nor may Licensee impose special charges on Authorized Users for use of the Software, Product, or documents beyond reasonable printing or administrative costs.

3.5 Detection of Unauthorized Use
A Licensee will not be held liable to AvScholars for unauthorized use of the Software or Online Course provided such use is without the consent of the Licensee. If the Licensee becomes aware of any unauthorized users of the Software or Online Course, it will promptly notify AvScholars, and take all reasonable steps to prevent such unauthorized activities.

4. Fees and Payment

4.1 Your institution shall pay to AvScholars the Multiple-Users License fee for the specified number of authorized users for the software version and/or the online course, which is specified on this website, order form, and/or purchase order.  Your institution’s payment shall be payable in advance or within thirty (30) days from the date set forth on the AvScholars invoice.

4.2 Payment of the Fees must be made in U.S. dollars, and must be paid via credit card, direct withdrawal from a bank account, or approved purchase order. You grant AvScholars the right to charge the credit card or bank account specified in the applicable Order Form for all Fees incurred under this Agreement. You represent and warrant that if you are purchasing something from AvScholars Publishing that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

4.3 On the Effective Date, You will remit to AvScholars Publishing a one-time payment of the Fees as set forth on the Order Form based on the number of Authorized-Users License you are purchasing.

4.4 All Fees are non-refundable. Your obligation to pay Fees not subject to a reasonable dispute will be unconditional and not subject to abatement, setoff or defense of any kind.

4.5 All payments are exclusive of any tariffs, duties or taxes imposed or levied by any government or governmental agency. Licensee shall be liable for payment of all such taxes, however designated, levied or based on Licensee’s possession or use of the Software or Online Course on this License Agreement, including without limitation, state or local sales, use, value-added and personal property tax, but excluding any tax on the net income of AvScholars.

4.6 Any payment required hereunder that is made late (including unpaid portions if incomplete payment) will accrue interest at 18% per annum (1.5% per month) or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. The parties also agree as follows:(a) Any payment received more than thirty (30) days after becoming due shall be deemed "late" for purposes of this paragraph; and (b) Any interest charged or paid in excess of the maximum rate permitted by applicable law shall be deemed the result of a mistake and shall be credited or refunded (at AvScholars’ option) to Licensee.

4.7 Educational institutions may request a license at anytime during the year. 

4.8 You may, at any time during the term of the Agreement, increase the number of licenses which you have purchased upon providing written notice to AvScholars Publishing, together with payment of AvScholars Publishing’s then-current Fees associated with such number of additional Authorized-User licenses.

4.9 The Licensee is responsible for any charges associated with accessing the Software, including but not limited to computer equipment, telephone or Internet connections and access software. 

5. Administration and Distribution of the Software.
The Software for the Site License must be centrally administered within Licensee’s educational institution to computers at Licensee’s site, which means that there needs to be one employee within Licensee’s organization who acts as the license administrator and is the AvScholars point of contact for Licensee’s organization. The software will be distributed by electronic means to the name and email address of the license administrator that was designated on the Site License Agreement Form and the order form or purchase order. At the time of purchase, or upon acceptance of the purchase order by AvScholars, the license administrator will receive an email confirmation that will include links and instructions for downloading and registering the software.

The Licensee’s license administrator is responsible for duplicating and distributing the software and upgrades to the computers covered under the license, for adding on to the size of the license when necessary if the number of computers at your organization increases, and for monitoring the number of copies licensed by your organization. Backup CDs are available at the time of purchase for US $9.95 each.

6. Registration Codes.
Free Trial version of the Software comes with a fifth-teen (15) - day evaluation period, as applicable, in which Licensee will receive an evaluation code. Licensee will receive a registration code by email when Licensee elect to purchase the Software from either AvScholars or an authorized reseller. The registration code will enable Licensee to activate and register the Software. Licensee may not re-license, reproduce or distribute any registration code except with the express written permission of AvScholars. If the Software that Licensee 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 Licensee 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.

7. Software Activation.
7.1 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. Licensee agrees that AvScholars may use these measures and Licensee agrees to follow any applicable requirements. Licensee 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. Licensee 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.

7.2 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, Licensee 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. Licensee is encouraged to review the terms of the Privacy Policy as posted on the AvScholars Web site from time to time.

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

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

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

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

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

8.6 Compliance with Applicable Laws. Licensee must comply with all applicable laws regarding use of the Software

8.7 File Sharing and Placement on Servers. Licensee 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. Licensee is responsible for keeping the Software safe.

9. Ownership.
Licensee 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.

10. 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 Licensee from making derivative works of the Software. Licensee may not claim that any of the content or the Software is owned or copyrighted by Licensee, and Licensee 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. Licensee may be held legally responsible for any copyright, trademarks, service marks or patent infringement that is caused or encouraged by Licensee’s failure to abide by the terms and conditions of this License Agreement.

11. Protection and Security.
Licensee agrees to use their 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. Licensee 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.

12. Transfer.
Licensee 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 Site’s or District Computers 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.

13. Term and Termination.
13.1 Agreement Term. This License Agreement will become effective on receipt by AvScholars of the signed License Agreement by an authorized agent of the Licensee, and subject to the subscription plan period, the terms and conditions of this Site License. Software activation 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. .

13.2 Renewal. This license shall be renewable at the end of the 12-month subscription term. The Software will cease to function after the Licensee's 12-month subscription term ends, and Licensee and Authorized Users will not be able to access any portion of the Software, unless Licensee purchase a new license. Licensee will not receive the renewal activation code unless Licensee pays AvScholars (or provide a written purchase order or other written or electronic confirmation of Licensee intent to renew license and pay) the then-current 12-month license fee. All terms and conditions of this License Agreement will apply during the renewal terms.

13.3 Early Termination. If either party believes that the other materially has breached any obligations under this License Agreement, or if AvScholars believes that Licensee has exceeded the scope of the License, such party shall so notify the other party of the alleged breach party in written notice in paper or electronic form. The breaching party shall have thirty (30) days from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the thirty (30) days, the non-breaching party shall have the right to terminate the Agreement without further notice. Once this License Agreement ends, by early termination or otherwise, AvScholars may terminate (or cause termination of) access to the Software by Licensee and Authorized Users shall be terminated.

13.4 Refund. In the event of termination, whether or not for breach, the remainder of the subscription fee paid by the Licensee will not be refunded.

13.5 After Termination. Upon termination, the registration codes assigned to Licensee will be deactivated and Licensee or the Licensee’s authorized users will no longer be able to use the Software. Licensee must also dispose of the Software and all copies or versions of the Software by destroying the Software.

14. Export Law Assurances.
Licensee agree s 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, Licensee represent and warrant that Licensee or authorized users are not citizens, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that Licensee  is 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 Licensee fail to comply with the terms of this License Agreement.

15. Updates/Upgrades.
At Avscholars' sole discretion, AvScholars may provide Licensee 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, Licensee must possess a valid license to such previous version in order to use such upgrade or update. 

After Licensee install such update or upgrade, Licensee 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) Licensee 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 Licensee by AvScholars with additional or different terms.

16. Pre-Release and Evaluation Software Terms.
If the product Licensee 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 Licensee 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. Licensee 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 LICENSE AND AUTHORIZED USERS “AS-IS” AND AT LICENSE AND AUTHORIZED USERS 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.

Licensee acknowledge that AvScholars  has not promised or guaranteed to Licensee that Pre-release Software will be announced or made available to anyone in the future that AvScholars  has no express or implied obligation to Licensee 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, Licensee acknowledges that any research or development that Licensee performs regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at Licensee’s own risk. During the term of this License Agreement, if requested by AvScholars, Licensee will provide feedback to AvScholars regarding testing and use of the Pre-release Software, including error or bug reports. If Licensee has been provided the Pre-release Software pursuant to a separate written agreement, Licensee’s use of the Software is governed by such agreement. Licensee 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, Licensee agrees 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.

17. Third Party Software and Offerings.
17.1 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.

17.2 The Software may allow Licensee and Authorized Users to access and inter operate with third party websites, software applications, and data services, including rich Internet applications (“Third Party Offerings”). Licensee’ and authorized users 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.

18. Limitation of Warranty and Liability.
AvScholars warrants that, for a period of ninety (90) days from the date of initial use by Licensee, 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, Licensee shall return the Software to AvScholars and AvScholars' only obligation shall be to replace the defective Software. Licensee agrees that the foregoing constitutes that Licensee’s 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 Licensee 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. LICENSEE AND AUTHORIZED USERS 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 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. LICENSEE AGREES AND UNDERSTAND THAT AN ACTIVE INTERNET CONNECTION IS REQUIRED FOR USE OF THE SOFTWARE AND ANY COSTS ASSOCIATED TO LICENSEE AND AUTHORIZED USERS USE OR IDLE ACTIVITY OF THE SOFTWARE IS LICENSEE’S 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 LICENSEE 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 LICENSEE.

19. No Warranties.
THE SOFTWARE AND OTHER INFORMATION IS BEING DELIVERED TO LICENSEE AND AUTHORIZED USERS "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 LICENSEE AND AUTHORIZED USERS 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 LICENSEE IN LICENSEE’S 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 LICENSEE OR TO ANY THIRD PARTY, SECTION 18 AND SECTION 19 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.

20. Indemnities.
Both AvScholars and Licensee 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.

21. 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.

22. 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. 

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

22.2 Online Services.
22.2.1 The Software may rely upon or facilitate Licensee access to websites maintained by AvScholars or its affiliates or third parties offering goods, information, software and services ("Online Services"). Licensee 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.

22.2.2 AvScholars does not control, endorse or accept responsibility for websites or Online Services offered by third parties. Any dealings between Licensee 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 Licensee and such third party.

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

22.3 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. Licensee 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 Licensee to use AvScholars (R) or its licensors' names or any of their respective trademarks.

22.4 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 Licensee 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 Licensee 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 Licensee 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, Licensee 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 Licensee, 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.

23. 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.

24. 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 Licensee obtain actual knowledge. Any such changes, modifications, or additions will not be retroactive.

25. Waiver/Modification.
No waiver or modification of the terms of this License Agreement shall be effective unless ratified in writing and signed by both Licensee and AvScholars. This License 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 License Agreement shall not constitute or be construed as a waiver of any other provisions or rights.

26. Severability.
If any sections, 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.

27. 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 Licensee by AvScholars with additional or different terms. This is the entire License Agreement between AvScholars and Licensee relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

28. 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/

29. 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