ACKNOWLEDGEMENT: Please acknowledge your agreement with the following terms and conditions for purchase of the Stronge Video Simulation Library: I understand that these videos and associated artifacts (collectively, "video simulations") are the copyrighted property of Stronge & Associates Educational Consulting, LLC. I acknowledge that I am purchasing classroom video simulations in which teachers display various ranges of proficiency as noted in the above listing by their "average rating." While some of the teachers in this video simulation library display a high level of instructional skills, the videos are not intended to portray exemplary teacher performance in all instances. Likewise, the artifacts associated with each video simulation were created with the intent to demonstrate a variety of proficiency levels. CUSTOMER'S USE: The Stronge Video Simulation Library shall be used by my organization solely for our internal educational purposes and is subject to the rights and requirements specified in this agreement. Video simulations may not be shared with other entities with whom Stronge & Associates has not contracted, nor may they be copied or resold in part or in their entirety. The teacher artifacts may be modified as needed for internal use. My organization ensures that any uploading of these video simulations to an in-house learning management system or application will not result in the transfer or use of such intellectual property outside of my direct organization. Please note: Stronge & Associates is the only authorized trainer for inter-rater reliability using the Stronge Teacher Effectiveness Performance Evaluation System. Anyone using the Stronge videos and/or artifacts to provide training to other schools or school districts will be in violation of the terms of purchase agreement and copyright. CUSTOMER'S ACCESS: I understand that upon purchase, I will be sent a link(s) to download the video(s) and artifacts (in both MS Word and pdf formats). I will have 30 days from the time I am sent the link(s) to download the materials, at which time the link(s) will expire. NON-PERFORMANCE IN CERTAIN CASES: As with all services, access to the Stronge Video Simulation Library is sometimes interrupted due to conditions beyond Stronge & Associates' control. Stronge & Associates shall be excused from performance of this agreement, in whole or in part, as a result of delays caused by Customer, a third party or an act of God, or other causes beyond its reasonable control and which it could not have prevented by reasonable precautions, including failures or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment, hackers, failure of software and the like and that such non-performance shall not be considered a breach of this agreement or grounds for termination. LIMITS OF LIABILITY: In the event that Stronge & Associates shall be liable to Customer for any matter arising out of or in any way relating to this agreement, whether based on an action or claim in contract, tort, or otherwise, then the amount of damages recoverable against Stronge & Associates shall not exceed the amount paid by Customer for its purchase of the video simulation(s) which is the subject of the action or claim. Stronge & Associates shall not be liable for indirect, special, consequential, or punitive damages of any party, including third parties. Further, no cause of action that accrued more than two years prior to the filing of a suit alleging such cause of action may be asserted against Stronge & Associates. *
