1.   License

a.    Grant.    West hereby grants Licensee a non-exclusive, non-transferable, limited license to access individual electronic topical casebook hypotheticals through West’s casefilemethod.com website. Casebook hypotheticals consist of West-owned and West-authored scenarios for law school students on select legal topics. Licensee is licensed to use data made available to Licensee on casefilemethod.com (“Data” which includes “Downloaded Data” as defined below) solely for educational purposes directly related to Licensee’s coursework at law school or for bar preparation purposes (“Educational Purposes”). The license includes the right to 1) download and temporarily store portions of Data (“Downloaded Data”) to a storage device under Licensee’s exclusive control; and 2) print portions of Data solely for use (appropriately cited and credited) by Licensee in the regular course of Licensee’s Educational Purposes.

b.    Limitations.    Licensee may not copy, download, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Data, or any portion of the Data, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with West’s prior written permission, or (iii) as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). Sharing of Downloaded Data and casefilemethod.com access code(s) is STRICTLY PROHIBITED. Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement or as quoted in Licensee’s work product. Except as otherwise permitted in this Agreement, Licensee shall not sell, license or distribute Data (including printouts) to third parties or use Data as a component of or as a basis for any material offered for sale, license or distribution.

c.    Rights in Data.    Except for the license granted in this Agreement, all right, title and interest in Data, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of West and other contributors (“Contributors”) of Data.

2.    Westlaw® and westlaw.com™.
Westlaw is West’s online legal research service. westlaw.com is an Internet-based service that provides access to Westlaw. casefilemethod.com may contain links to Westlaw. All access to and use of Westlaw and westlaw.com is governed by the then-current Westlaw Subscriber Agreement (including any current and future Schedules, Additional Terms, West Order Form(s), and the like thereto) between Licensee and West.

3.    Disclaimer of Warranties and Limitation of Liability.  CASEFILEMETHOD.COM AND DATA ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. WEST AND CONTRIBUTORS SHALL HAVE NO LIABILITY WHATSOEVER TO LICENSEE FOR ANY CLAIM(S) RELATING IN ANY WAY TO THIS AGREEMENT OR THEIR PERFORMANCE HEREUNDER, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR NEGLIGENCE. IN NO EVENT SHALL WEST OR CONTRIBUTORS BE LIABLE TO LICENSEE FOR ANY CLAIM(S) RELATING TO LICENSEE'S INABILITY OR FAILURE TO PERFORM RESEARCH OR RELATED WORK OR TO PERFORM SUCH RESEARCH OR OTHER WORK PROPERLY OR COMPLETELY EVEN IF ASSISTED BY WEST NOR SHALL WEST OR CONTRIBUTORS BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.    Responsibility for Certain Matters.   Licensee shall be responsible for all access to and use of casefilemethod.com by means of Licensee’s equipment and access code whether or not Licensee has knowledge of or authorizes such access and use.

5.    Reservation of Rights.    West reserves the right to modify the terms and conditions of this Agreement from time to time including, but not limited to, the right to impose access and usage limitations. Such modifications shall be effective immediately upon written or online notice to Licensee.

6.    Limitation of Claims.    Except for claims relating to improper use of casefilemethod.com and Data, no claim, regardless of form, which in any way arises out of this Agreement or the use of or inability to use casefilemethod.com and Data may be made, nor action based upon such claim brought, by either party hereto more than one year after the basis for the claim becomes known to the party desiring to assert it.

7.    Term and Termination.    This Agreement shall become effective upon Licensee’s assent to the terms and conditions herein. Access to each topical hypothetical shall continue after the date Licensee first accesses such individual topical hypothetical through the subsequent July 31st thereafter, after which time Licensee’s access to such individual topical hypothetical shall terminate. Notwithstanding the foregoing, West may terminate this Agreement immediately upon giving written notice of termination to Licensee.

8.    Effect of Agreement.    Except as otherwise stated herein, this Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating thereto. West may amend the terms and conditions of this Agreement by giving Licensee written notice thereof. Any other amendment hereto must be in writing and signed by both parties.

9.    Notices.    All notices hereunder shall be given in writing to West at 610 Opperman Drive, P.O. Box 64833, St. Paul, Minnesota 55164-0833, Attention: Customer Service and to Licensee at the address provided in the online registration.

10.    Governing Law.   This Agreement shall be governed by and construed under the laws of the State of Minnesota.

11.    Other Provisions.   Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by Licensee without West's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. Failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and shall not constitute a part hereof.