CALI® Terms of Service

PLEASE READ THE FOLLOWING LEGAL INFORMATION CAREFULLY

The Center for Computer-Assisted Legal Instruction (CALI®) is a not-for-profit consortium of law schools dedicated to research and development in computer and web-based legal education.

CALI SERVICES
"CALI Services" or "Services" include, but are not limited to, the use of The CALI Library of Lessons, CALI Author software, the CALI CD, the CALI DVD, CALI's main website at www.cali.org, all other CALI websites, and all other past, current, and future products, software, services, websites, and other material that CALI offers or may offer and are subject to the terms and conditions of the following Terms of Service, and any additional notices found on CALI Services that may be specific to one or more of CALI's Services.

At its sole discretion, CALI may stop providing, suspend, restrict, or terminate CALI Services or parts and features of CALI Services to you or to users generally, temporarily or permanently, at any time without notice. The nature and form of CALI Services may change at any time without notice.

ACCEPTANCE OF TERMS
By using any part of CALI Services, you affirm that you are an Authorized User (as defined below) and that you agree to the terms herein. You may not use CALI Services if you do not accept this Terms of Service Agreement. If these terms are not acceptable you may return to CALI all tangible Services given to you by CALI, and individual purchasers of the CALI Services will receive a full refund.

OPEN CONTENT
CALI offers access to some CALI Services and content which a) require no user account or password at a CALI site, and/or b) are labeled with a copyright license which grants specific privileges to the end-user of that content. This content is defined in these Terms of Service as Open Content. CALI's Open Content is clearly marked with a license, such as Creative Commons or public domain, which explains, or leads the user to an explanation of, acceptable use for that content. For more on Creative Commons visit the Creative Commons website.

Absent clear indication that a CALI Service and its content is being offered with a less restrictive license such as Creative Commons, the User will assume the Service is offered by CALI with full protection of standard copyright law.

USER REQUIREMENTS OF CALI SERVICES
To be an Authorized User ("Authorized User" or "you") of CALI Services you must be at least 18 years of age and:

(a) Be a current student, faculty, staff, or other employee of an organization which is currently an affiliated member of CALI ("Member Organization") (see CALI's current Member Organizations here), or

(b) be an individual member of CALI, or

(c) otherwise have received express written permission from CALI to use CALI's Services in a manner specifically limited in scope to that which is granted within the express written permission, or

(d) be an individual using CALI Services for the purpose of accessing or using Open Content in a way that is compatible with that Content's license.

USE OF CALI SERVICES
You may not install CALI Services on a network without express consent from CALI, with the following exception: CALI Member Organizations are permitted to install CALI Services on a network; however, access to the Services must be limited to Authorized Users within that CALI Member Organization.

Unless specifically agreed upon under the terms of an independent license between CALI and the Authorized User, CALI Services do not extend to ancillary activities such as continuing legal education.

LICENSE TO THE USER
If software is provided to you from CALI as a part of CALI Services ("CALI Software"), CALI grants to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use CALI Software for the purpose of enabling you to use CALI Services in an educational manner permitted by the Terms of Service.

Ownership and permission to use CALI Services constitutes a License to the end user, and does not include any other rights of ownership, including the further distribution, transfer or sale of CALI Services. You may not transfer, sell, assign, sub-license, rent or lease all or any portion of CALI Services. For example, sale of the CALI CD or DVD on eBay®, on any other internet auction/sales site, or sale by any means is expressly forbidden under the terms of this License.

USE OF CALI AUTHOR
Authorized Users at Member Organizations who teach students at Member Organizations are permitted to use CALI Author™ to create interactive lessons for use in their own classes, by Authorized Users at their Member Organization, and to share with other Authorized Users and other Member Organizations. Lessons created with CALI Author™ may be distributed for free to Authorized users at any Member Organization by any means. The lessons created with CALI Author™ cannot be sold or distributed for a fee without express written permission from CALI. This is a license of CALI Author™ to educators and does not transfer any other legal rights to the Authorized User.

USER CONTENT
Some CALI Services may enable Authorized User to submit, create, post, transmit, upload, display, or otherwise make available ("Submit") content that may be viewable by other users or by the public in general. Such content may include, but is not limited to: audio, video, textual content, computer files, pictures, and all other types of material and content ("Content").

As the Authorized User, you agree that you are responsible for all Content that you Submit and you agree to indemnify and hold CALI harmless from any claim made by any third party due to or arising out of Content that you Submit. Further, when you Submit Content to any CALI Services, you agree not to:

  1. Submit Content which is not intended for any purpose other than the educational enrichment of end-users of CALI Services;
  2. Submit Content that is an infringement upon any patent, copyright, trademark, trade secret, or other such proprietary rights of any person or party;
  3. Submit Content that is defamatory, harassing, abusive, threatening, vulgar, hateful, obscene, offensive, profane, sexually oriented, invasive of a person's privacy, or unlawful;
  4. Knowingly Submit Content, legal or otherwise, which is inaccurate, false, or misleading;
  5. Impersonate any other person or entity;
  6. Allow any other person or entity to use your identification or account information to Submit Content; or
  7. Submit or otherwise transmit Content that contains software viruses or any other computer code, files or programs intended to interrupt, destroy or limit the functionality of any computer.

You retain copyright and any other rights you already hold in Content which you Submit through CALI Services. And, when you Submit Content through or on any CALI Services you automatically grant, or warrant that the owner of the Content has expressly granted, CALI a royalty-free, irrevocable, worldwide nonexclusive license to use, reproduce, republish, create derivative works, edit, modify, publish, translate, distribute, transmit, perform and display the Content in any way.

CALI reserves the right to remove any Content submitted by any Authorized User for any reason. Authorized User agrees that any Content that you Submit to any CALI Services is not confidential.

CONTENT OF SERVICES
All Content which is accessible as part of, or through use of, CALI Services is the sole responsibility of the person from which such Content originated. CALI may have no control over hyperlinks to external websites, content, downloads, or resources that are not provided by CALI.

Authorized User agrees that CALI is not liable for the losses or damages that may be incurred as a result of of external resources made available to your through CALI Services. You agree that you may be exposed to Content that you deem offensive or objectionable and that you use CALI Services at your own risk.

PASSWORDS AND PERSONAL ACCOUNTS
Authorized Users are responsible for maintaining the confidentiality of personal or organizational passwords, authorization codes, or other codes ("Passwords") associated with any account used to access CALI services. You may not disclose or display any passwords associated with CALI Services in a location accessible to the public without permission of CALI.

You are responsible to CALI for all activities that occur under any CALI Services accounts that are kept in your name. You must notify CALI immediately should a CALI Services account be used by an unauthorized individual.

No data transmission over the Internet can be guaranteed to be 100% secure. CALI strives to protect your personal information when it is stored on our system; however, CALI cannot ensure or warrant the security or services.

TERMINATING YOUR RELATIONSHIP WITH CALI
At its sole discretion, CALI may terminate its relationship with Authorized User at any time for any reason.

An Authorized User may terminate his or her relationship with CALI at any time for any reason. Notify CALI of the termination of this agreement by sending an email to CALI Member Services, and delete, or specifically request that CALI delete, any and all accounts associated with CALI Services.

CALI® may request return of any of its tangible CALI Services at the end of the License Period or earlier if this agreement is breached or terminated.

DISCLAIMER OF WARRANTIES
CALI SERVICES ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMIATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CALI DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS (EXPRESS OF IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) REGARDING NONINFRINGEMENT OF ANY PARTY'S RIGHTS, THE USE OF, OR THE RESULTS OF THE USE OF CALI SERVICES. CALI DOES NOT WARRANT THAT THE CALI SERVICES OR ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE. CALI SERVICES COULD INCLUDE INACCURACIES IN THE INFORMATION THEREIN OR TYPOGRAPHICAL ERRORS. CALI® DISCLAIMS ALL LIABILITY RELATED TO SUCH INACCURACIES OR ERRORS. CALI RESERVES THE RIGHT, BUT DOES NOT WARRANT, TO CORRECT ANY ERRORS, DEFECTS OR OTHERWISE WITHIN CALI SERVICES.

DISCLAIMER OF LEGAL SERVICES OR LEGAL ADVICE
CALI SERVICES ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY. ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN CALI SERVICES IN ANY WAY IS NOT TO BE CONSTRUED AS LEGAL ADVICE. USERS SEEKING LEGAL ADVICE SHOULD CONSULT A LICENSED ATTORNEY IN THEIR JURISDICTION.

LIMIT OF LIABILITY
IN NO EVENT WILL CALI BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY LOSS, INTERRUPTION OF EDUCATION OR BUSINESS, CLAIMS OR COSTS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACTS, TORTS (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF CALI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN ANY CASE, USER'S SOLE REMEDY FOR ALL CLAIMS RELATED TO SERVICES SHALL BE THE AMOUNT PAID FOR THE SERVCIES.

COPYRIGHTS AND TRADEMARKS
CALI Author™, the CALI® Library of Lessons, and all other material on the CALI® CD, CALI® DVD, and the CALI® website, unless otherwise noted, are protected by the Copyright Laws of the United States and International Treaty Provisions. Copyright 1985-2012 Center for Computer-Assisted Legal Instruction; http://www.cali.org/. CALI Author™ Copyright 1999-2012 Center for Computer-Assisted Legal Instruction. All rights reserved.

Lessons in the CALI® Library are copyrighted by CALI® and/or CALI's authors. Please email CALI to request permission for usage exceeding the scope of this License, including permission to create derivative works and to obtain passwords to make any alterations to any materials in the CALI® Library.

Please help CALI protect its trademarks by using them properly. The following marks: CALI®, Lessonette®, CALI Excellence for the Future Award®, Classcaster®, Virtual Langdell®, eLangdell®, Conference for Law School Computing®, Reboot Legal Education®, and Time Trial® are United States federally registered trademarks owned by the Center for Computer-Assisted Legal Instruction. The use of any of these marks on your teaching materials must include the full name of the mark, along with the registration circle - ®, and the following sentence, "[insert mark name here] is a US federally registered trademark of the Center for Computer-Assisted Legal Instruction; [www.cali.org]." The trademarks CALI Author™ and VirtualAward™ are protected by federal and state United States Trademark law. Use of either mark must include the following sentence, "[mark's name] is protected by federal and state US trademark law and is owned by the Center for Computer-Assisted Legal Instruction; [www.cali.org]."

Portions of the Uniform Commercial Code are Copyright 1999 - 2012 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the copyright holders for the limited purposes of education and teaching.

Macromedia, Shockwave®, and Flash™ are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

In some cases, such as those where underlying texts are government documents, the texts are in the public domain. CALI makes no claim of ownership in such public domain materials.

IN GENERAL:
Any use of CALI Services outside the scope of this license is forbidden without the express written permission of CALI®. Contact CALI® for licensing information for any use outside the scope of this License.

This Agreement is governed by the laws of Illinois, USA. Failure by CALI to enforce this Agreement or any of its provisions shall not be construed as a waiver of this Agreement or of any of its provisions. In the event that any of the provisions of this Agreement are found to be unenforceable, the remaining provisions shall remain in effect. Neither course of conduct nor trade practice shall modify this agreement or any of its provisions.

Use of CALI Services are further governed by CALI's Privacy Policy.

UPDATES TO THESE TERMS OF SERVICE
CALI reserves the right to update, change, modify, add, or remove any portion of the Agreement at any time, in part or in full. CALI will post notice of changes that materially affect the substance of this Agreement for 30 days on the CALI Homepage. You agree to abide by any such changes by continuing to use any CALI Services after such changes have been made.

Revised February 9, 2012.