Play Nicely™ Third Edition CD-ROM (English)

Play Nicely™ offers advice on how to manage childhood aggression. The Play Nicely™ CD-ROM is presently licensed to individuals, schools, primary care clinics, organizations, and businesses. Please continue reading for information about single and multiple user licenses.

Single User License

An individual user may purchase this English language version of the Play Nicely™ Third Edition CD-ROM and a single-user license for $19.95 (plus $5.95 shipping & handling per copy).

NOTE: Play Nicely has been developed as a population-based resource and we encourage all who care for young children to learn how to manage childhood aggression. However, your purchase of the Play Nicely program is for your individual use only. If you need multiple copies, please read the following.

Multiple User License

If you are interested in providing Play Nicely for more than one user (i.e. multiple users), you may purchase the Play Nicely CD-ROM Third Edition and multi-user license at a volume discount of $15.00 per disk for a simultaneous purchase of ten (10) disks or more. NOTE: You will see the quantity discount reflected in your cart view once you have selected the desired quantity and clicked "Add to Cart".

Please carefully read the following Play Nicely End User License Agreement. By selecting the "I accept the terms in the license agreement" option below this Agreement, you indicate your irrevocable acceptance of its terms and conditions and agree to be bound as set forth therein. Further, your acceptance signifies your understanding and acknowledgment that this Agreement constitutes and contains the total agreement between you and Vanderbilt University with respect to this transaction. In accepting this Agreement, you further acknowledge that any agreements entered into prior or contemporaneously with this Agreement are excluded, whether oral or in writing. By selecting the "I accept the terms in the license agreement" option, you specifically acknowledge, represent, and agree that any other terms and conditions contained in an invoice, acknowledge, purchase order or other document sent by or on behalf of you or the organization you represent in this transaction shall be void and of no effect. Finally, your selection of the "I accept the terms in the license agreement" option is a representation and warranty that you have the requisite authority and legal capacity to bind your organization to this Agreement.

PLAY NICELY™ VIDEO TRAINING END USER LICENSE AGREEMENT 1. DEFINITIONS This Play Nicely Video Training End User License Agreement ("Agreement") is a legal agreement between you, the End User (whether you are an individual or a recognized legal entity), and Vanderbilt University in Nashville, Tennessee, USA, the owner of Play Nicely (“Vanderbilt”). The Play Nicely Video Training which accompanies this Agreement includes both pre-recorded training sessions and may include associated media (such as a CD) and "online" or electronic documentation ("Play Nicely Video Training"). 2. LICENSE GRANT Vanderbilt hereby grants to you a license to access the Play Nicely Video Training on any one system for as many licenses as you purchase. "You" means the company, entity or individual to whom the Play Nicely Video Training is licensed and whose funds are used to pay the license fee. "Use" means accessing pre-recorded videos and electronic materials. You may not rent, lease, lend, sell or sublicense the Training access to another person, company or other entity. 3. OWNERSHIP The Play Nicely Video Training is owned and copyrighted by Vanderbilt. The license you receive confers no title or ownership of the Play Nicely Video Training and should not be construed as a sale of any right. 4. COPYRIGHT Play Nicely Video Training is protected by United States copyright law, international treaty provisions and other applicable law. You acknowledge that no title to the intellectual property in Play Nicely Video Training is transferred to you. You further acknowledge that title and full ownership rights to the Play Nicely Video Training will remain the exclusive property of Vanderbilt and you will not acquire any rights to the Play Nicely Video Training except as expressly set forth in this license. You may not copy or distribute any “Digitally Rights Managed” (“DRM”) materials provided through Play Nicely Video Training or any other learning materials provided to you. 5. ACCESS Play Nicely Video Training is licensed to you on the date the DRM license is installed. 6. LIABILITY You agree that you will defend, indemnify and hold Vanderbilt harmless against any claims or liabilities arising out of the use, misuse, distribution or execution of any Play Nicely Video Training including claims brought against you for the use of such training contained in the Play Nicely Video Training. You further agree to hold harmless and protect Vanderbilt against any such civil, legal or criminal claims which will be paid by licensee including court costs and judgments. 7. WARRANTY Vanderbilt warrants the Play Nicely Video Training to be free from defects in material and workmanship for 30 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of Play Nicely Video Training. Refunds will be given at the discretion of Vanderbilt. The entire risk arising out of use or performance of Play Nicely Video Training remains with the Licensee. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY SET FORTH IN SECTION 7 IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS. VANDERBILT UNIVESITY DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PLAY NICELY VIDEO TRAINING SUPPORT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER VANDERBILT KNOWS OR HAD REASON TO KNOW OF LICENSEE’S PARTICULAR NEEDS. NO EMPLOYEE, AGENT, DEALER OR DISTRIBUTOR OF VANDERBILT IS AUTHORIZED TO MODIFY THE LIMITED WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES. SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. 8. SUPPORT Payment hereunder entitles you to limited assistance by email which Vanderbilt may make available in their sole and absolute discretion (“Limited Support”). Limited Support is provided by e-mail queries to the address provided within the Play Nicely Video Training video or web site, or any other contact point as may be designated by Vanderbilt from time-to-time. Limited Support does not include responding to you if, in Vanderbilt’s sole and absolute discretion, you have failed to provide sufficient information, as reasonably requested by Vanderbilt, to enable Vanderbilt to identify and analyze the reported problem. Vanderbilt also reserves the right to charge additional fees for such support. 9. NOTICES All notices required or permitted relating to a claim or breach of this Agreement shall be in writing and sent to: (i) if to the Licensee: the address provided by Customer when ordering the Play Nicely Video Training and (ii) if to Vanderbilt: Office of Techology Transfer and Enterprise Development, 1207 17th Avenue South, Suite 105, Nashville, Tennessee 37212 (U.S.A.) (Attn: Play Nicely). Either party may substitute their address from time to time by written notice to the other and shall be deemed validly given upon receipt of such notice given by certified mail, postage prepaid, or personal or courier delivery. All Limited Support or other notices relating to the usage of the Software will be provided by Licensors via either telephone or e-mail. 10. GOVERNING LAW This Agreement shall in all respects be governed by and construed in accordance with the laws in force in the United States of America in the state of Tennessee. 11. AMENDMENTS Vanderbilt reserves the right to amend this agreement at any time. 12. ENFORCEABILITY If any part of this Agreement is found void and unenforceable, the parties agree that such invalidity shall not affect the validity of the remaining portions of this agreement. 13. Compliance with Laws. Vanderbilt and Licensee will comply with all federal, state and local laws and regulations, as amended from time to time, applicable to such party’s performance of its obligations under this Agreement, including all applicable export controls and economic sanctions laws and regulations of the United States and other applicable jurisdictions. Further, because the provision of a “service” under U.S. economic sanctions is generally prohibited without a license, Vanderbilt will block the IP addresses of persons located in Iran, Syria, Republic of Sudan, Cuba, North Korea or any other country to which the provision of such services is prohibited and will take reasonable steps to exclude participation of persons identified on the U.S. Treasury Department’s List of Specially Designated Nationals, Blocked Persons and Foreign Sanction Evaders, except as licensed otherwise authorized by the U.S. Government.