The specific (and legally binding) details are posted below, or you can download the PDF (484 KB) here. Please note that all references to payment and taxes are specific to the High Tech Center Training Unit and should be disregarded. Any questions about the license agreement should be directed to Jayme Johnson.
All participants must agree to the following official terms and conditions of use:
By subscribing to the Atomic Learning Library, or any portion of it (“Library ”) and accessing the
Library or the Atomic Learning website, or any portion of it (“Website”) or accessing via the
Atomic Desktop (“Desktop”) the subscriber, whether it is you and/or your organization (together
“Customer ”) agree to the following Terms and Conditions. If the Customer does not agree to all
of the following Terms and Conditions, the Customer should not use the Website or Desktop and
immediately should contact Atomic Learning.
1. License. Customer may only access the Library during its paid subscription term and only from
computers at locations expressly authorized by Atomic Learning. Customer shall not copy,
download, store, publish, transmit, transfer, or sell any information or data in the Library, on the
Website or available through use of the Desktop. All right, title and interest in the Library, the
Website, and the Desktop, including all copyrights throughout the world, are the property of
Atomic Learning. Atomic Learning may change the features on the Website at any time in its sole
discretion.
2. Responsibility for Access. Customer is responsible for all access to the Library, the Website,
and the Desktop by Customer and its authorized staff, students or other individuals at any
location or by using Customer's equipment, or by using Customer's Library password, even if
Customer did not authorize such use. Customer agrees to defend and indemnify Atomic Learning
from any claims or damages relating to or arising out of any such access.
3. Disclaimer of Warranties and Limitation of Liability. CUSTOMER ACCEPTS THE
LIBRARY, THE WEBSITE, AND THE DESKTOP “AS IS,” “WITH ALL FAULTS”, AND WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS
AND DELAYS. TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR INTENTIONAL
ACTS OR GROSS NEGLIGENCE, CUSTOMER WAIVES ALL CLAIMS AGAINST ATOMIC
LEARNING FOR ANY CLAIMS RELATING TO OR ARISING OUT OF THIS AGREEMENT, THE
WEBSITE, OR ITS PERFORMANCE, REGARDLESS OF THE FORM OF ACTION, WHETHER
CONTRACT, TORT OR NEGLIGENCE, AND WAIVES ANY CLAIMS FOR LOST PROFITS OR
OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES,
REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES. ANY DAMAGES BY
CUSTOMER AGAINST ATOMIC LEARNING IS LIMITED TO SUBSCRIPTION FEES PAID BY
THE CUSTOMER.
4. Terms and Termination. This Agreement remains in effect through the Subscription Period
and any renewal thereof, and may be terminated for breach of this Agreement, upon which no
refund of the Subscription Fees is due; or by Customer if Customer is dissatisfied with the
service, but only if Customer provides Atomic Learning written notice within 60 days of the
beginning of Customer's initial subscription. Upon receipt of such notice, Atomic Learning will
provide Customer with a prorated refund. The provisions of this Agreement which by their nature
are intended to survive termination or expiration of this Agreement shall survive expiration or
termination of this Agreement, including without limitation the obligations and limitations set forth
in sections 2, 3, 5 - 8.
5. Governing Law and Venue. This agreement is made in and shall be governed by and
construed in accordance with the laws of the State of Minnesota without reference to choice of
law principles. Customer consents to exclusive jurisdiction and venue of the courts of Morrison
County, Minnesota.
6. Taxes. Customer agrees to pay any sales, use or value-added taxes applicable to its
Subscription.
7. Entire Agreement, No Additional Terms. This is the entire Agreement between the parties
with respect to its subject matter and supersedes all prior agreements. Unless expressly
accepted by Atomic Learning in writing, any other terms and conditions inconsistent herewith are
not binding on Atomic Learning, including any terms and conditions contained in any of
Customer's purchase orders or other documentation.
8. Other Provisions. Neither this Agreement nor any part may be assigned, sublicensed or
otherwise transferred by Customer without Atomic Learning's prior written consent, except that
either party may assign this Agreement: (a) to any legal entity in connection with the merger or
consolidation of the assigning party into such entity or the sale or transfer of all or substantially all
of the assets of the assigning party to such entity; or (b) to any direct or indirect subsidiary of the
assigning party in connection with any corporate reorganization. • This Agreement is binding
upon and shall inure to the benefit of the legal successors and assigns of the parties. • If any
provision of this Agreement is found to be void, invalid, unenforceable or illegal, the validity and
enforceability of the other provisions will not be affected and any unenforceable provision shall be
modified and interpreted so as to best accomplish the intent of such provision. • Neither party
shall be deemed to be liable for any provisions under this Agreement for failures in performance
resulting from acts or events beyond the reasonable control of the party. • Failure to enforce any
provision of this Agreement is not a waiver of the provision or of the right to enforce the provision
later.