Common use of Educational Use Clause in Contracts

Educational Use. Where the Account Holder is a Dye & Durham approved educational institution (“Educational Institution”), the following additional or alternative terms and conditions shall also be applicable: (a) The Account Holder acknowledges and agrees that the instance of Unity of provided for use will be a training version and, as such, may have more limited Service Features than other instances of Unity. (b) The Account Holder is responsible for setting up an Administrator by contacting us. The Account Holder must contact us to update or change its Administrator. The Account Holder’s Administrator shall be responsible: (i) for setting up and managing all Users; (ii) suspending any Administrator or instructor-type User who fails to certify or re-certify as required; (iii) suspend all student-type User who ceases to be a student; and (iv) suspend all student-type Users at the end of each semester. (c) Users under the Account Holder’s account shall consist of students registered with or engaged by the Educational Institution. (d) The Account Holder’s Administrator and instructor-type Users must successful complete certified training before being provided access to Unity and re-certify annually to be permitted to retain such access. (e) Dye & Durham customer support will only provide technical support to instructor-type Users. We will not provide technical support to students-type Users. Instructor-type Users are responsible for providing all required support to student-type Users. (f) The Account Holder, the Administrator and the Users acknowledge and agree that “internal use purposes” as (g) referenced in Section 7.1 shall consist of internal educational purposes only. No monetary, commercial or other use of Unity or its Materials is permitted. The Account Holder is responsible for advising and binding in writing its Administrator and Users of the use rights and restrictions applicable to Unity and taking reasonable measures to ensure their compliance with such rights and restrictions. (h) Notwithstanding anything to the contrary in these Terms of Use, Unity and all it Materials are provided on an “as is, as available” basis , without any other warranties, representations or conditions, express or implied, including, without limitation, warranties or conditions of non-infringement of third party rights, accuracy, correctness, completeness, effectiveness, currency, merchantability, fitness for a particular purpose, reliability, security, operation free of interruption, technologically harmful intrusions, Denial of Service attacks, viruses or other errors or events caused by or introduced through the internet, or those arising by usage of trade or course of dealing. (i) In addition to any termination rights elsewhere in these Terms of Use, we can terminate these Terms of Use and your right to use Unity and its Materials on 30 days’ prior written notice. (j) The following Sections of these Terms of Use shall not be applicable to Educational Institution-type Account Holders or their Administrators or Users: Sections 3.1 (notification of breach provisions) and 6.