Generation TX License Agreement
This website and the Generation TX materials, including all written, audio, pictorial, and audio-visual works incorporated into them are copyrighted. © 2010 Texas Higher Education Coordinating Board. All rights reserved. Generation TX, GenTX, Generation Texas, Generación TX, GenTXpert trademarks and the Generation TX, GenTX, Generación TX logos (collectively, the trademarks and logos are referred to as the “Marks”) are the trademarks or registered trademarks of the Texas Higher Education Coordinating Board (THECB).
Except as expressly permitted by this license agreement (“license”), no portion of this website, including the Marks or content may be copied, displayed, republished, retransmitted, sold, modified, downloaded or used in any form, or by any means without the prior written permission of THECB.
Grant of License. THECB grants to authorized users of this website a non-exclusive, non-transferable, and non-assignable license to view, download, print, copy, display and distribute (either electronically or in print) the GenTX downloadable program materials (the “Downloadable Program Materials”). Downloadable Program Materials categories include but are not limited to: Logo, Messaging, Print, Digital, Photography, Broadcast, Wearables, and Kits. Notwithstanding this license, all rights, title and interest in the Downloadable Program Materials, and all intellectual property rights therein, will remain solely with THECB. The license is subject to the following conditions:
- Use is restricted to employees (including faculty and staff), parents, legal guardians, and full and part-time students of:
- private and public institutions of higher education and university systems (all as defined by Texas Education Code Sec. 61.003) ,
- elementary, middle, and secondary schools and school districts, and
- non-profit organizations,
- solely for non-commercial educational use, for the purpose of promoting public awareness of post-secondary education benefits to students, families and communities in Texas as part of THECB’s Generation TX campaign in the State of Texas. Any other use is prohibited without the express prior written permission of THECB. One of the Downloadable Program Material’s Generation TX logos (e.g. Generation TX, GenTX, or Generación TX logos) must be prominently displayed when you use the Downloadable Program Materials.
- The Downloadable Program Materials may not be copied, reproduced, downloaded, displayed or otherwise used, or be permitted to be used, in connection with for profit or commercial activities or purposes without the express prior written permission of THECB.
- You must give attribution to THECB and, if possible, provide a reference to the GenTX website, www.GenTX.org, when you use any of the Downloadable Program Materials. You agree to respect and not remove, obliterate, or cancel from view any copyright, trademark, or other proprietary notice, mark or legend appearing on any of the Downloadable Program Materials.
- If the Downloadable Program Materials are used in combination with your own materials or other third party materials, you must clearly designate which portion of the complete work is/are THECB Downloadable Program Materials.
- The Downloadable Program Materials may not be modified, adapted, altered, adjusted or changed in any way, except as specifically anticipated by the Downloadable Program Materials. For example, if one of the Downloadable Program Materials’ templates designates a place for you to place your own headline, event, or content, you may do so. Similarly, if the Downloadable Program Materials’ logo guidelines instruct you on how to select a color for the logo, you may do so. You may not, however, modify the Downloadable Program Materials’ GenTX templates, logo, images or other content in any way other than as allowed by the Downloadable Program Materials’ template.
- All copies of the Downloadable Program Materials must retain any copyright, trademark, intellectual property, proprietary or other notices or disclaimers contained in the original Downloadable Program Materials.
- Your use of the Downloadable Program Materials’ Marks must conform to the style guidelines found in the download center at www.GenTX.org.
- Indemnification and Sovereign Immunity.You shall defend, indemnify, and hold harmless the State of Texas, its officers, and employees, and THECB, its officers, and employees and contractors, from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, including without limitation attorneys’ fees and court costs, arising out of, connected with, or resulting from any of your acts or omissions or of your agent, employee, subcontractor, or supplier in the execution or performance of this license. You shall coordinate your defense with the Texas Attorney General or other legal counsel as requested by THECB. This subsection is not intended to and shall not be construed to require you to indemnify or hold harmless the State of Texas or THECB for any claims or liabilities resulting solely from the grossly negligent acts or omissions of THECB or its employees.Additionally, if you require or desire to use any design, trademark, device, material, software, or process covered by letters of patent or copyright and which is selected by you, you shall indemnify, defend and hold harmless the State of Texas, THECB, as well as officers, agents, and employees of THECB, from any liability, for any and all claims, demands, suits or actions brought by any third party, including any of your subcontractors, and related fees (including reasonable attorney’s fees) based on any claims for infringement by reason of the use of any such trademark, copyrighted material, or patented design, device, material, software, or process in connection with the license and shall indemnify and/or reimburse the State of Texas, THECB, as well as officers, agents, and employees of THECB, from any costs, fees (including reasonable attorney’s fees), expenses, royalty/ies or damages which the State of Texas, THECB, as well as officers, agents, and employees of THECB may be obligated to pay by reason of such infringement. You Agent shall pay all reasonable costs of the State’s and THECB’s legal counsel and shall also pay costs of multiple legal counsels, if required to avoid conflicts of interest.No provision of, or any part of this license or any subsequent change order, amendment, or other license modification shall be construed: (1) as a waiver of the doctrine of sovereign immunity or immunity from suit as provided for in the Texas Constitution and the Laws of the State of Texas; (2) to extend liability to THECB beyond such liability provided for in the Texas Constitution and the Laws of the State of Texas; or (3) as a waiver of any immunity provided by the 11th Amendment or any other provision of the United States Constitution or any immunity recognized by the Courts and the laws of the United States. Dispute Resolution: The dispute resolution process provided for in Texas Government Code, Chapter 2260 shall be used by THECB and you to attempt to resolve any claim arising from this license.
- Applicable Law and Venue: This license shall be governed by and construed in accordance with the laws of the State of Texas. The exclusive venue of any suit brought concerning this license is fixed in any Court of competent jurisdiction in Travis County, Texas.
- Compliance with Law: You shall comply with all federal, state, and local laws statutes, ordinances, rules, and regulations and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of this license.
- Severability and Waiver The invalidity, illegality, or unenforceability of any provisions of this license shall in no way affect the validity, legality, or enforceability of any other provisions. Failure by TEHCB at any time to require strict performance of any license provision or obligation contained herein shall not constitute a waiver or diminish THECB’s rights thereafter to demand strict compliance.
- Entire Agreement. This license contains the entire understanding and agreement between you and THECB respecting the subject matter hereof.
Goodwill in Licensed Marks
THECB has developed significant goodwill associated with the Marks. You agree that it is critical that such goodwill be protected and enhanced and, toward this end, you agree that you shall not:
- Apply to register or maintain any application or registration of the Marks or any other mark confusingly similar to them;
- Use any colorable imitation of any of the Marks, or any variant from the Marks (including variant design forms, logos, colors, or type styles) of the Marks not specifically approved by THECB;
- Misuse the Marks;
- Take any action or permit any action that would in any way adversely affect the Marks’ reputation or imply sponsorship by THECB of any group, product or activity other than the GenTX campaign;
- Use the Marks or any mark or name confusingly similar thereto, in an unrelated campaign;
- Take any action or permit any action that would in any way tend to impair, adversely effect, or diminish the goodwill in the Marks; or
- Contest or deny the validity or enforceability of the Marks or oppose or seek to cancel any registration thereof by THECB, or aid or abet others in doing so, either during the term of this license or at any time thereafter.
- All use by you of the Marks inures to the benefit of THECB. You agree to cooperate fully with THECB in securing and maintaining the goodwill of THECB in the Marks.
Quality Control in the Marks. All use of the Marks shall be of a quality satisfactory to THECB.
License Term and Termination of License. The license shall remain in effect until terminated. At its sole discretion, THECB may terminate your license rights at any time. The license rights will also immediately terminate if you fail to comply with any license term or condition. Upon termination, you agree to cease and desist from using the Downloadable Program Materials, which include the Marks, any and all copies, modifications, or merged portions thereof in any form. THECB reserves the right to discontinue any aspect of the website at any time.
License Amendment. At its sole discretion, THECB may amend the terms of this license.
Warranty Disclaimer. THE WEBSITE AND DOWNLOADABLE PROGRAM MATERIALS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND YOUR USE OF THE WEBISTE AND THE DOWNLOADABLE PROGRAM MATERIALS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THECB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN CONNECTION WITH THE WEBSITE AND THE DOWNLOADABLE PROGRAM MATERIALS AND YOUR USE OF IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COUSE OF DEALING, USAGE, OR TRADE PRACTICE. THECB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SECURITY OF THE WEBSITE OR THE DOWNLOADABLE PROGRAM MATERIALS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR THE DOWNLOADABLE PROGRAM MATERIALS, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND/OR THE DOWNLOADABLE PROGRAM MATERIALS BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE (INCLUDING THE DOWNLOADABLE PROGRAM MATERIALS). NO AGENT OF THECB IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF THECB AS SET FORTH HEREIN.
Damages Waiver. IN NO EVENT SHALL THECB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE WEBSITE OR THE DOWNLOADABLE PROGRAM MATERIALS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGES, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE DOWNLOADABLE PROGRAM MATERIALS, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSIONS TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THECB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.