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<br />Mango Languages Library Edition Terms of Sale
<br />f. not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
<br />(including images, text, page layout, or form) of Mango except for the purposes of this Agreement and for promoting the
<br />Services;
<br />g. not to use any meta tags or any other "hidden text" utilizing the Mango name or trademarks without the express
<br />written consent of Mango;
<br />h. While Mango attempts to insure that its Website is normally available 24 hours a day, Mango shall not be liable if
<br />for any reason its Website is unavailable at any time or for any period; provided however, that Mango shall use its best efforts
<br />to provide adequate capacity and bandwidth to support the Library's needs and provide service on a 24 hour basis except for
<br />routine maintenance (for which the Library is pre -notified). In the event that Mango fails to provide such service for five days
<br />within a 30 day period, Mango shall provide a pro rata refund for the 30 day period in question;
<br />Access to Mango's Website may be suspended temporarily and without notice in the case of system failure,
<br />maintenance or repair or for reasons beyond Mango's control;
<br />j. Certain Content, including without limitation Mango Premiere Library Edition, may be owned by Mango and/or its
<br />licensors. Library therefor acknowledges and agrees that such Content may be added, removed or unavailable from time to
<br />time during the Initial Term or any Successor Term (the "Unavailability"), and such Unavailability shall not be deemed breach
<br />of this agreement by Mango.
<br />k. Neither the Library nor any of its Authorized Users shall show any Content, including without limitation any video
<br />clips or movies which are included in the Contents, to any public group or other third parties who are not Authorized Users;
<br />and
<br />Any rights not expressly granted in these terms are reserved.
<br />6. INDEMNIFICATION. To the extent allowed by law, Mango and the Library agree to indemnify, defend and hold one another,
<br />and all of their respective members, directors, officers, employees, attorneys and agents (collectively, "Agents") harmless from and
<br />against any loss, claim, judgment, liability, damage, action or cause of action (including reasonable attorneys' fees and court costs)
<br />arising out of or in connection with (a) a third party claim that the Library's possession and/or use of the Services infringe or
<br />misappropriate the patent, copyright, trademark or other intellectual property rights of a third party, or (b) the negligence or willful
<br />misconduct of either Mango or the Library or their respective Agents with respect to any obligation, term or condition of this Agreement.
<br />7. SUPPORT. Mango shall support the Library by responding to emails and phone calls from the Library. Mango shall make
<br />reasonable efforts to respond to all customer support issues during normal business days between the hours of 9 a.m. and 6 p.m.
<br />Eastern Standard Time, Monday through Friday.
<br />8. UPDATES. Mango shall from time to time update its online software and language lesson Content. The Library shall only
<br />receive updates to the Mango Library Edition, and any changes or enhancements to Mango's "consumer edition" and/or other editions
<br />will not necessarily be made to the Library Edition.
<br />9. ACCESS. Mango intends to provide Authorized Users unlimited access to the Mango Library Edition. In the event that the
<br />Library's Authorized Users exceed what Mango deems reasonable usage during the term of this Agreement (i.e., Mango determines
<br />that usage of the Website and Services is being excessively abused by a particular user id and password), Mango shall assume that
<br />either the number of cardholders in the Library was grossly underestimated or there is piracy of Mango's service from outside sources.
<br />Under such circumstances, Mango reserves the right to restrict or limit access to the Services and/or the Website. In the event of such
<br />circumstances, Mango shall make every effort to provide notice to and cooperate with Library prior to Mango's restriction or limitation of
<br />access to its Website and Services.
<br />10. INTELLECTUAL PROPERTY. All materials on the Mango Website or Services, including without limitation, text, images,
<br />logo, software, Audio Content and video clips, databases, e-mails, and posted comments and reviews (collectively, the "Content") are
<br />owned or controlled by Mango and/or it licensors, who retain all right, title, and interest in and to the Content. The Website and Content
<br />are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other
<br />applicable laws. Library shall use all reasonable efforts to ensure that all Authorized Users are appropriately notified of the importance
<br />of respecting Mango's intellectual property rights.
<br />11. THIS SECTION INTENTENTIONALLY REMOVED.
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