BlueHarvest

END-USER LICENSE AGREEMENT FOR BlueHarvest by ThThTh Industries IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: ThThTh Industries End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ThThTh Industries LLC. for the ThThTh Industries LLC software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the BlueHarvest: An Assessment Experiment, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and ThThTh Industries LLC, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the BlueHarvest: An Assessment Experiment.

The BlueHarvest: An Assessment Experiment is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The BlueHarvest: An Assessment Experiment is licensed, not sold.

1. GRANT OF LICENSE. The BlueHarvest: An Assessment Experiment is licensed as follows: (a) Installation and Use. ThThTh Industries LLC grants you the right to one teacher account on the product known as BlueHarvest: An Assessment Experiment.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the BlueHarvest: An Assessment Experiment.

(b) Distribution.
You may not distribute registered copies of the BlueHarvest: An Assessment Experiment to third parties. Evaluation versions available for download from ThThTh Industries LLC's websites may be freely distributed.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the BlueHarvest: An Assessment Experiment, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Rental.
You may not rent, lease, or lend the BlueHarvest: An Assessment Experiment.

(e) Support Services.
ThThTh Industries LLC may provide you with support services related to the BlueHarvest: An Assessment Experiment ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the BlueHarvest: An Assessment Experiment and subject to the terms and conditions of this EULA.

(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the BlueHarvest: An Assessment Experiment.



3. TERMINATION
Without prejudice to any other rights, ThThTh Industries LLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the BlueHarvest: An Assessment Experiment in your possession.

4. COPYRIGHT
All title, including but not limited to copyrights, in and to the BlueHarvest: An Assessment Experiment and any copies thereof are owned by ThThTh Industries LLC or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the BlueHarvest: An Assessment Experiment is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by ThThTh Industries LLC.

5. NO WARRANTIES

ThThTh Industries LLC expressly disclaims any warranty for the BlueHarvest: An Assessment Experiment. The BlueHarvest: An Assessment Experiment is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. ThThTh Industries LLC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the BlueHarvest: An Assessment Experiment. ThThTh Industries LLC 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. ThThTh Industries LLC further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. LIMITATION OF LIABILITY

In no event shall ThThTh Industries LLC be liable for any damages (including, without limitation, lost profits, business interruption, lost data, or lost information) rising out of 'Authorized Users' use of or inability to use the BlueHarvest: An Assessment Experiment, even if ThThTh Industries LLC has been advised of the possibility of such damages. In no event will ThThTh Industries LLC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. ThThTh Industries LLC shall have no liability with respect to the content of the BlueHarvest: An Assessment Experiment or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

7. FERPA

Dissemenation of student passwords constitutes consent to release academic records on the part of a legal guardian or eligible student to those parties to which the password is released. ThThTh Industries LLC does not gaurantee the confidentiality of student records in the event of a security breach caused by ourselves or the party that hosts the files and data of BlueHarvest: An Assessment Experiment.