BJU Press Distance Learning on Hard Drive

Hard Drive Lease and Content Subscription Agreement

Terms and Conditions

In consideration of the mutual promises contained in this Agreement, BJU Press and the Subscriber agree to the following conditions:

Lease Agreement

The Subscriber agrees that the Hard Drive is on lease from BJU Press and must be returned to BJU Press by the end of the lease period. Lessons from BJU Press Distance Learning are the content of BJ HomeSat and have viewing rights only. The lessons may not be duplicated, rented, sold, copied or in any way distributed to anyone. The rights given in this Agreement are nontransferable.

The lease period is defined as 13 months from the original shipping date of the Hard Drive, which will be indicated on the invoice enclosed with the shipment.

The Hard Drive must be returned by the end of the 13-month lease period. Failure to return the Hard Drive by the end of the lease period will result in a penalty of $200 per month up to a maximum of $1,000. Hard Drives that are returned in an unusable condition will result in a penalty of $200.

The Hard Drive should be returned in the original packaging. A prepaid return label will be included, along with the original documentation.

Subscriber Approval

Pricing and program details are subject to change without notice. This Agreement is not final until accepted by the home office of BJU Press.

Acceptance will be based in part on the following:

Qualification of Subscriber as a residential home educator

The BJU Press Distance Learning Hard Drive program is not available for group use. A school DVD package is available directly from BJU Press. Call 1.800.845.5731 for information on school use.

Satisfactory payment/credit arrangements with the Subscriber

BJU Press requires full payment at time of order. Payment can be made by credit card, in cash, or by check (U.S. funds only).

By placing an order with BJU Press, either by phone, fax, e-mail, Internet, or other methods the Subscriber agrees to abide by all conditions of this Agreement.

Obligations and Qualifications

With this Agreement, BJU Press grants the Subscriber a limited viewing license for the lease period to use the Hard Drive solely in the Subscriber’s own homeschool. The Subscriber acknowledges that all video content remains the property of BJU Press and agrees to use the video content only for the purposes allowed by this agreement. Use of video content by nonsubscribers is specifically prohibited and is a violation of copyright laws.

BJU Press permits the use of the Hard Drive content by multiple children within your immediate family at no additional charge.

BJU Press permits subscribers to duplicate (and therefore assume responsibility for duplication of) any and all teacher-prepared handout materials for each course. This right to copy and reuse the handouts applies only to handouts—not to textbooks—and only to BJU Press Distance Learning subscribers for use within their immediate family (children living in their home). BJU Press will provide these support materials for one year from the start of the lease period.

BJU Press will make every reasonable effort to address Subscriber issues in a timely fashion.

Obligations of the Subscriber

The Subscriber agrees to the terms of the lease agreement. The Subscriber also agrees to pay such taxes now or hereafter imposed on the lease and/or educational content in Subscriber’s own jurisdiction.

The Subscriber agrees to provide a computer for the Subscriber’s use with the Hard Drive with the following specifications:

Windows XP SP2 or Windows Vista
Pentium class, 1 GHz PC or equivalent
512MB RAM required
Available USB 2.0
Best viewed at 1024 x 768 resolution
External speakers with adjustable volume control recommended

If the Subscriber’s computer will not play the Hard Drive content, the Subscriber may return the Hard Drive within 30 days of the original shipping date under the same terms as the Money-Back Guarantee, below. The Hard Drive should be returned in the original packaging.

The Subscriber acknowledges the right of BJU Press to restrict or terminate service for failure to pay, misuse of the Subscriber license rights, or violation of other provisions of this Agreement. The Subscriber also acknowledges the right of BJU Press to assess such late or collection fees as allowed by law.

It is understood that lessons from BJU Press Distance Learning are for viewing rights only. This is a license to lease the Hard Drive only—you may not pass on the license in any form. This license prohibits the Subscriber from renting, loaning, sharing, duplicating, or trading the content on the Hard Drive or handouts unless expressly allowed by this Agreement.

Availability of Video Content

All lessons are subject to inventory availability and subject to change without notice. Teachers may vary from year to year and are subject to change without notice. Lessons and teachers can be confirmed at the time the order is accepted.

Agreement

The placement of an order affirms the concurrence of the Subscriber with the terms of this Agreement and thereby binds the Subscriber to these terms. This Agreement supersedes any prior or existing proposals, whether oral or written and all negotiations, conversations, discussions, and understandings between BJU Press and the Subscriber. The Hard Drive should be returned in the original packaging, which includes a prepaid return label.

Money-Back Guarantee, Limitation of Liability

The Subscriber has the right to a full refund, excluding all shipping and handling charges paid at the time of the initial order, if not satisfied within the first 30 days from the original shipping date. The Money-Back Guarantee applies when all materials are returned in resalable condition pursuant to the cancellations policy below. Liability of BJU Press for any and all claims shall be limited to a refund of amounts paid by Subscriber.

Cancellations

Only full packages will be considered for return within the first 30 days from the original shipping date. No partial returns will be accepted. Contact BJU Press Customer Services (1.800.845.5731) to obtain a RMA and return instructions prior to shipping return. All materials must be returned in resalable condition. The Hard Drive should be returned in the original packaging. A copy of the packing list should be included in each box. The Hard Drive and texbooks must be sent back via a trackable insurable method such as UPS or FedEx.

A refund, less shipping & handling, will be issued after receipt of complete returns and completion of inspection. Your refund will be issued in the same manner as your payment.

Please call immediately if you receive any shipments with discrepancies or damage. You will be provided information about obtaining replacements.

End of Lease Returns

The Hard Drive must be returned by the end of the 13-month lease period. The Hard Drive should be returned in the original packaging. A prepaid return label along with instructions have been included with the original documentation.

Hard Drive Shipping Information

Hard Drive will be shipped within 30 days, subject to availability.
Faster shipping methods are available for an additional cost. Please contact BJU Press for details (1.800.845.5731).
Books are shipped separately from the Hard Drive.
Hard Drive is shipped only after full payment has been received.
Cost and compliance of international shipping is the responsibility of the Subscriber.

The Hard Drive is designed to prevent video and programs from being copied to another storage device. Hard Drive contents are read-only to protect them from deletion or tampering. The Hard Drive content is encrypted to prevent unlawful distribution. Any attempt to tamper or decrypt the Hard Drive is expressly forbidden. Please respect the integrity of the contents.

Media Viewer Software

Only the provided media viewer will display the video. The media player distributed with this package is a modified version of the Open Source VLC Player. The original source code is readily available at

www.videolan.org. This modified source is available on the distribution disk. The code was specifically modified to play encrypted .bjv files and to perform security checks preventing the unlawful distribution of the video content.

The Player also makes use of the OpenSSL libraries provided by

www.openssl.org. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License, along with this program in a file called COPYING; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA.

If you have any questions please contact Customer Services at BJU Press toll free at 1.800.845.5731.

Applicable Law, Disputes

In the event of any dispute related to this Agreement, the parties will attempt resolution pursuant to biblical principles, utilizing negotiation and mediation. If this is unsuccessful for any reason, venue for any legal action shall be in Greenville, South Carolina. This Agreement shall be construed pursuant to South Carolina law.