PhET for Schools Android Application: End User License Agreement

Unless a separate license agreement has been signed between the parties, this agreement (the "Agreement") represents the entire agreement between you ("Licensee") and the Regents of the University of Colorado, a body corporate, for and on behalf of the University of Colorado Boulder, a public educational institution of the State of Colorado, and PhET Interactive Simulations, having an office at 4845 Pearl East Circle, Suite 200, Boulder, CO 80301 ("University").

By downloading, copying, installing, distributing, or using the PhET for Schools Android Application (the "Licensed Software"), you accept the terms of this Agreement, as follows.

University grants to Licensee a limited non-exclusive, non-sublicensable, non-transferable license to reproduce, publicly perform and display, and distribute the Licensed Software solely on devices managed or controlled by Licensee (the "Licensed Purpose").
LICENSEE SHALL NOT DISTRIBUTE OR MAKE ANY OTHER USE OF THE LICENSED SOFTWARE OTHER THAN FOR THE LICENSED PURPOSE. Licensee may not sublicense, market, or sell the Licensed Software. Licensee shall not: (a) modify the Licensed Software, (b) reverse compile or reverse assemble all or any portion of the Licensed Software, or (c) create any derivative work of the Licensed Software.
This Agreement continues in effect from the date that Licensee first downloads, copies, installs, distributes, or uses the Licensed Software until the end of the current subscription year as identified on the PhET for Schools Invoice Acceptance form. After the expiration of the subscription year, Licensee shall cease all copying, installation, distribution, and use of the Licensed Software.
No license, right or interest in any University trademark, trade name or service mark is granted hereunder.
THE LICENSED SOFTWARE IS PROVIDED "AS IS," AND UNIVERSITY MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE OR PERFORMANCE OF THE LICENSED SOFTWARE. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NOR WARRANTIES THAT THE USE OF THE LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK, OR OTHER RIGHTS. Licensee may not assign its rights under this Agreement without prior written approval by University.
The provisions of this Agreement are severable, and in the event that any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of the law, such invalidity or unenforceability will not in any way affect the validity or enforceability of the remaining provisions hereof.
The terms and provisions contained in this Agreement constitute the entire Agreement between the parties hereto with respect to the subject matter hereof. To the extent that Licensee obtains the Licensed Software under a separately executed agreement, the terms of the separately executed agreement will supersede and control any conflicting provisions of this Agreement.
Nothing in this Agreement is intended or may be construed as a waiver, either express or implied, of any of the immunities, rights, benefits, defenses or protections provided to University under governmental or sovereign immunity laws from time to time applicable to University, including, without limitation, the Colorado Governmental Immunity Act (C.R.S. §§ 24-10-101, et seq.) and the Eleventh Amendment to the United States Constitution. Regardless of venue, jurisdiction or choice of law in any dispute arising from this Agreement, this paragraph 9 and the governmental and sovereign immunities afforded University as a state institution are to be governed and construed in accordance with the laws of the State of Colorado.

PhET for Schools Application End User License Agreement
revision 02/14/2023