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License and Use Agreement

DELIVERY ARRANGEMENTS, TERMS AND CONDITIONS, INCLUDING PAYMENT, SHALL BE AGREED TO BY PARTICIPANT AND BEER BRAINS, LLC dba CRAFT BEER UNIVERSITY IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT, PARTICIPANT AND CRAFT BEER UNIVERSITY AGREE TO AS FOLLOWS:

License
For all training and materials delivered to Participant, CRAFT BEER UNIVERSITY (CBU) grants to Participant a perpetual, nonexclusive, nontransferable license to use the training and materials according to the terms and conditions set forth herein. If conflicts arise concerning any written instrument between the parties that pertain to the training and materials provided by CBU, the terms and conditions of this agreement shall prevail in all cases.

Term

The term of this agreement shall begin upon execution hereof by both Participant and CBU, and shall continue in force until terminated by either party in writing. Termination of this Agreement by any party shall not relieve any party of the obligations herein with respect to materials licensed to Participant while this Agreement was in effect.

Use
Participant agrees that the use of training and materials provided by CBU will consist of application, in Participant’s normal activities, of the techniques and knowledge obtained by the training materials and training services. Participant agrees that he/she will not reproduce or modify materials provided by CBU, in whole or in part, and agrees that he/she will not use or incorporate materials, concepts, or information, in whole or in part, in any other written work, computer program, or training materials without prior written authorization from CBU. All materials licensed to Participant by CBU are to be used solely for training the Participant. All training will be conducted by an instructor certified by CBU. Training and materials are to be used by a single person. Participant agrees to purchase a license for each person trained in a program provided by CBU.

Confidentiality
Participant understands that all materials provided by CBU are protected by and copyrighted under the laws of the United States, and that CBU, or its affiliated companies, retain ownership to all rights to such materials. Participant agrees to use its best efforts to hold in confidence all materials provided by CBU, including print, data files, Internet-based content, video and audio materials, and agrees that he/she will not disclose any information in such materials, in whole or in part, to any third party other than those people using the materials for training purposes as described herein.

Warranty by CRAFT BEER UNIVERSITY
CBU warrants that it, or its referenced organizations or companies, will provide training and materials in a professional manner using qualified facilitators and contributors. If any Participant decides to drop out of any Craft Beer University course prior to the second session, that participant will receive a full refund for any tuition paid to CBU. CBU shall not be liable to Participant or any third party for any loss or special, indirect, incidental, or consequential damages, or other claim by or against Participant, which may arise out of license or use of training and materials provided by CBU.

Entire Agreement
The entire agreement between the parties with respect to license and use of training and materials provided by Craft Beer University is contained herein. This agreement shall be construed and interpreted in accordance with and governed by the laws of the State of Colorado, and venue for any litigation associated with the interpretation or performance of this agreement shall be in Denver County, Colorado. This Agreement is personal to Participant, and may not be modified, transferred or assigned by Participant without prior written agreement of Craft Beer University. This Agreement and all rights and obligations hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

Notice
Any written notice by either party is to be addressed to each party as set forth herein, or to such other address as is designated by a party to be its appropriate address.