FUTURE WORLD VISION^TM courses

End user license agreement

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement ("EULA") governs your use of any one or more Future World Vision training modules/courses, course material, and all related products and services, including but not limited to all present or future upgrades, expansions or alterations (collectively, "FWV" or "FWV Course") either currently or to be provided by the American Society of Civil Engineers or its affiliates, officers, directors, employees, representatives, contractors, or agents (collectively, "ASCE").

THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN ASCE AND YOU (IF YOU ARE ACCEPTING THIS IN YOUR INDIVIDUAL CAPACITY) AND ANY COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (SUCH AS YOUR EMPLOYER) IF YOU ARE USING FWV ON ITS BEHALF (COLLECTIVELY, "YOU" AND "YOUR") REGARDING YOUR INSTALLATION AND USE OF FWV Course.

BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE the FWV Course, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.

1. LICENSE.
   1. Grant of License. For the duration of the Term, ASCE hereby grants to You a personal, non-exclusive, non-transferable, non-sublicensable, limited license to install and use a single copy of the FWV Course and support material (the “License”).
   2. Restrictions. The rights granted to you by ASCE are subject to the limitations and other terms of this EULA, and you may only make use of the License if you comply with all applicable terms. You are not permitted to: (i) sell, rent, lease, loan, sublicense, market, or distribute the FWV Course or any of its parts to any third party, whether commercially or non-commercially; (ii) use FWV to infringe any intellectual property or other right of others in any way; (v) remove, alter, disable, or circumvent any copyright or other proprietary indications in or on FWV; (iii) access or use FWV with a bot or other automated tool; or (iv) export or re-export FWV or any copy or adaptation in violation of any applicable laws or regulations. While using the FWV Course, You agree to comply with all applicable laws, rules and regulations and to behave in a manner consistent with the ASCE Code of Ethics and with the Rules of Conduct contained in this EULA.
   3. Support. ASCE does not have any support or maintenance obligations with respect to the FWV Course, nor does ASCE have any obligation to continue to make the FWV Course available for use beyond the subscription term.
2. OWNERSHIP.

   All title, ownership rights and intellectual property rights in and to FWV (whether registrable or unregistrable, registered, or unregistered and including, without limitation, all text, graphics, music or sounds, all messages or items of information, characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, concepts, choreographies, videos, audio-visual effects, and any other elements which are part of FWV) and any and all copies thereof are owned by ASCE or (if applicable) its licensors. FWV is protected by national and international laws, copyright treaties and conventions and other laws.

   This License confers no title or ownership in FWV and should not be construed as a sale of any rights in FWV.

3. FWV COURSE CONTENT AND PERMISSIONS.
   1. Content Generated by FWV.

      Subject to Your compliance with the terms of this EULA, ASCE grants permission for You to create and use customized content from the FWV Course. In using these features, You agree that you will not:
      a) perform a mass download or bulk export of the FWV content;
      b) offer for license or sale or otherwise commercially exploit any exported FWV content; or
      c) use FWV content in any commercial product or service, or develop any product or service that is based on, competes with, or is substantially similar to, FWV.

      You understand that your ability to record and export FWV Course content does not convey, and should not be construed as conveying, any transfer, conveyance, assignment, or waiver of any intellectual property rights ASCE has in the FWV content. You agree to provide appropriate attribution of ASCE/FWV as the source of any exported content You use.

   2. User-Generated Content. By uploading or submitting to, or storing any content with, FWV, You grant to ASCE a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use, publish, broadcast, transmit, distribute and re-post your content. You authorize ASCE to use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your content in any manner in ASCE’s sole discretion, without compensation or notice to You. You represent and warrant that you have the full right, power and authority to upload, submit, or store such content and to grant ASCE the rights conveyed herein.
4. USER CONDUCT.
   1. Rules of Conduct. All users of FWV will be expected to conduct themselves in a respectful and professional manner. While these Rules of Conduct are intended to govern the conduct of FWV users, this list is not meant to be exhaustive. ASCE may block or terminate access to any user at any time for breach of these Rules of Conduct or for any behavior deemed inappropriate by ASCE in its sole discretion. ASCE reserves the right to modify these Rules of Conduct at any time.
      You accept sole responsibility for your activities in connection with FWV and for anything you post. At all times while using FWV, You will:
      a) be courteous and respectful to other users;
      b) not post any defamatory, abusive, profane, threatening, illegal, offensive, sexually explicit, obscene, or otherwise objectionable materials.
      c) not knowingly post any deceptive or untruthful information, nor falsely claim any affiliation, sponsorship, or endorsement by ASCE of You and/or Your products or services;
      d) not post any information or other material protected by copyright without the permission of the copyright owner;
      e) not post any messages that could be interpreted as enabling or encouraging members to agree on: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; decisions to deal with other businesses or professionals; selection, rejection, or termination of customers or suppliers; or any other matter that could potentially raise risk to ASCE of antitrust liability
      f) not post any language or information that is solely for commercial purposes, or that constitutes spam or chain mail;
      g) not post any content that is unrelated to FWV’s scientific, technical, and educational purposes, including but not limited to any statements endorsing or opposing any political candidate, party, or partisan position;
      h) not modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of FWV, or its accessibility to other users; and
      i) not transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to FWV, and/or organise, participate in or be involved in any way in an attack on FWV or on ASCE’s servers.
   2. Monitoring. ASCE may, but is not obligated to, monitor user-generated content as it chooses.
5. FEEDBACK.

   If you provide ASCE with any feedback or suggestions on FWV, you hereby grant ASCE a non- exclusive, fully-paid, royalty-free, irrevocable, perpetual transferable, sublicensable license to use, reproduce, distribute, modify, adapt, publicly display, sell, import and otherwise exploit that feedback and suggestions for any and all purposes in any country.

6. TERM AND TERMINATION.
   1. Term. The Term of this EULA will begin on the earlier of the date of Your acceptance of these terms or payment of your FWV Course subscription, and will end when terminated according to its terms.
   2. Termination. Either party may terminate this EULA at any time, for any reason. You may terminate this EULA by uninstalling the FWV Course videos and destroying all copies of FWV and its content in Your possession or control. ASCE may terminate: (a) by notice to You; (b) by termination of Your account; or (c) at any time ASCE in its sole discretion chooses to discontinue offering and/or supporting FWV. This EULA will automatically expire one (1) year after the commencement of the Term. This EULA will terminate automatically if You fail to comply with any of the terms or conditions of the EULA. Upon termination or expiration of this EULA for any reason, You agree to immediately uninstall the FWV Course videos and destroy all copies of the FWV videos.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
   1. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF FWV IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FWV AND ALL MATERIALS CONTAINED THEREIN ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. ASCE DISCLAIMS ANY GUARANTEES, CONDITIONS, OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, THAT MAY APPLY TO FWV OR THE MATERIALS CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY, OR SECURITY; (B) ITS FITNESS FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY; (D) ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; OR (E) THE QUALITY OF FWV OR YOUR SATISFACTION. ASCE DOES NOT WARRANT THAT FWV USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR YOUR INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM FWV. FOR THE AVOIDANCE OF DOUBT, ASCE DOES NOT DISCLAIM WARRANTIES FOR INTENTIONAL BREACH OF DUTY. THE WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY AS SET FORTH BELOW.
   2. LIMITATION OF LIABILITY. IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL ASCE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS, EVEN IF ASCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS EULA, ASCE’S TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY PARTY FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE GAME; PROVIDED, HOWEVER, THAT THE FOREGOING IMITATION OF LIABILITY SHALL NOT APPLY TO ASCE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
   3. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between You and ASCE. You understand and agree that ASCE would not be able to provide the FWV Course to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ASCE FROM ANY AND ALL LIABILITIES, LOSSES, DAMAGES COSTS (INCLUDING LAWYERS’ FEES), ARISING FROM OR CAUSED BY (A) YOUR VIOLATION OF ANY PROVISION OF THIS EULA; (B) ASCE’S USE OF YOUR CONTENT; OR (C) YOUR NEGLIGENCE OR MISCONDUCT IN CONNECTION WITH YOUR USE OF FWV. The provisions of this Section 8 shall remain in force after termination of this EULA.
9. Export Control. In using FWV, You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect ASCE’s initial intentions
11. No Waiver. No failure or delay by ASCE (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by ASCE or by the User.
12. LAW, JURISDICTION, AND DISPUTE RESOLUTION.
    1. Applicable Law. To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the Commonwealth of Virginia, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.
    2. Dispute Resolution. In the event of any dispute about this EULA or any concern related to FWV, You agree to notify ASCE and engage in good faith discussions to resolve such dispute or concern for a period of not less than ninety (90) days before commencing any legal action under this EULA.
    3. Arbitration. In the event of any dispute, claim or controversy between or among the parties to this EULA arising out of or relating to this EULA or any breach thereof, including, without limitation, any claim that this EULA or any of its parts is invalid, illegal or otherwise voidable or void, whether such dispute, claim or controversy sounds in contract, tort, equity or otherwise, and whether such dispute, claim or controversy relates to the meaning, interpretation, effect, validity, performance or enforcement of the EULA, such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in Fairfax County, Virginia, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to this EULA hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration. Such arbitration proceeding shall be conducted in as expedited a manner as is then permitted by the commercial arbitration rules (formal or informal) of the American Arbitration Association. Both the foregoing agreement of the parties to this EULA to arbitrate any and all such disputes, claims and controversies and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings. Notwithstanding any provision of this Agreement relating to which state laws govern this Agreement, all issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the U.S. Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the federal common law of arbitration.
    4. No Class Actions. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
    5. Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between You and ASCE. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
    6. YOU MUST CONTACT ASCE WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
    7. Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, ASCE may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
13. Entire Agreement. This EULA is the entire agreement between you and ASCE relating to FWV and supersedes all prior written communications, proposals and representations with respect to FWV or any other subject matter covered by this EULA.
14. Amendments to EULA. ASCE may amend all or any part of this EULA at any time by adding, deleting, varying the content. These amendments may include changes to the rights of access to or use of FWV and may be made at any time at ASCE’s sole discretion. ASCE will provide you with notice of the proposed amendments by posting an amended version of this EULA with a new version number. ASCE will include a link to the previous version of this EULA beneath the new version number. Where required by law, or at its discretion, ASCE will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website and/or sending a message to the email address (or other contact information at ASCE’s discretion) associated with your account. The amendments will take effect 30 days after the date which the amended version is posted. Prior to that date, the previous version of this EULA will continue to apply. If you disagree with any amendments, you may terminate this EULA by uninstalling and ceasing to use FWV and its content at any time within the 30-day notice period. If you do not uninstall and cease using FWV and its content during that time, then by your continued use, you are considered to have accepted the proposed amendments.
15. Contact Information. If you have any questions or comments about FWV or this EULA, You may contact ASCE by email at: customerservice@asce.org.