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STATEMENT OF PURPOSE AND TERMS OF USE

A simple statement of purpose.

    As a start-up enterprise, Spoken Language International (SLI) would face large marketing expenses before a profit could be earned from the Spoken English Learned Quickly course. This is particularly true in the overseas market where many countries are at a disadvantage because of the exchange rate with the US dollar. Conventional marketing would require expensive international advertising and sales. This would require a retail price of $425 for the complete course containing the printed 410-page Student Workbook and an audio tape album of 16 one-hour tapes. On the other hand, a compact disc (CD) format in which students print their own Student Workbook would bring the price down to $135. Spoken English Learned Quickly is worth it. It is a carefully crafted spoken English course which required four years to develop. But could we survive the up-front costs, and could we find international students able to pay for it?

    There is another solution. By making this course available for free downloading to a student's computer, we do not have the costs that would normally be associated with printing, tape reproduction, packaging and overseas shipping. Further, no one will be a better salesperson for us in Sao Paulo, Beijing, Addis Ababa, Kiev, Antananarivo, Berlin, New Delhi, Mexico City, Tokyo, or anywhere else, than the university student or professional satisfied that they made rapid progress using our course.

    From a marketing standpoint, we can accomplish the most with a minimal cash outlay by building our "client base" using free lessons. The further advantage is that this marketing plan will do others the most service by providing real language learning rather than just giving them a glossy brochure. Of course, we will need to wait and see how we will distribute the course in the future.

    But distributing a language course should not be motivated solely by economic considerations. Language is the most distinctive cultural trait of humanity. We find great satisfaction in sharing this aspect of our shared humanity with individuals throughout our world. Therefore, we appropriately have an altruistic motive in making the Spoken English Learned Quickly course available to those who want to learn English. We are offering something that many perceive as being personally valuable to themselves. We wish all our potential students the greatest success in learning English and we will find pleasure in their accomplishment.

Acceptance of Terms Through Use.

    By using Spoken English Learned Quickly (SELQ) or any related material, you signify your agreement to all terms, conditions, and notices contained or referenced herein. ^¶-1

    During initial marketing, the SELQ language course is freely downloadable through our web site. Additionally, the course may be made available to individuals and organizations by means of Compact Discs (CD)s. Acceptance and use of these free materials does not constitute license for their continued use. At any time, at SLI's sole discretion, if the course becomes a "for-sale" product, the user of the free course must not enter into competition with any course offered for sale. SLI may request any such user to cease and desist their use of the course. Or, SLI may offer a binding licensing agreement between such user and SLI for continued use.^¶-2

    (Availability on a SLI sponsored freely downloadable web site defines the limit of the "free use" time period in the life of the SELQ course. During such time as the entire course is placed on the web site for free downloading, the course is in a "free use" state. At any time at which portions of the course are not available for free downloading, the course is no longer defined as being "free use.")^¶-3

    A CD provided by SLI containing the SELQ course will state that it is "Licensed to: [a specific individual, agent, or company]." Unless otherwise agreed to in writing, the licensee's name will be followed by one of three statements saying,^¶-4

1. "Under the provisions stated in the Terms of Use." This wording requires the licensee to abide by all statement as contained in this Terms Through Use statement.^¶-4.a

2. "For examination only under the provisions stated in the Terms of Use." This statement is the most restrictive. It is generally used when the CD has been submitted to a business enterprise evaluating SELQ for commercial sales. This statement forbids any reproduction of the CD, or any of the material contained therein, by any means.^¶-4.b

3. "For commercial disc reproduction under the provisions stated in the Terms of Use (00/00/00)." This statement allows the licensee to duplicate the CD for commercial purposes. The contents of the disc as supplied by SLI may not be altered, but the printed face of the disc may contain the licensee's own imprint. Licensing is granted for a two year period of time from the (00/00/00) date imprinted on the original CD. The license is automatically extended indefinitely as long as the "free use" provision is in effect. The provision as stated in this Terms Through Use statement allowing a student to copy an unaltered disc remains in effect. All other provisions in the Terms Through Use remain in effect unless specifically exempted by the provisions of this commercial license. These conditions may be altered by a written agreement between SLI and the licensee.^¶-4.c

   In all of the above licensing provisions, SLI may provide an updated version of the CD to the licensee without alteration of the original agreement. The binding agreement is provided for by the license wording on the original CD. (This provision primarily involves—but is not limited to—CD upgrades because of new languages added to the "Student Information" and "Fables" pages.) If, upon monitoring the on-line www.FreeEnglishNow.com web site, a newer version of SELQ is available, the licensee may request an upgraded CD from SLI. Provision of updated versions of SELQ is solely at the discretion of SLI.^¶-4.d

   In the absence of a designation on the CD provided by SLI as stated in ^¶-4, and including the wording "Under the provisions stated in the Terms of Use." (^¶-4.a), "For examination only under the provisions stated in the Terms of Use." (^¶-4.b), or "For commercial disc reproduction under the provisions stated in the Terms of Use (00/00/00)." (^¶-4.c), it shall be assumed that the CD contains the provision of ^¶-4.c in which the CD may be used for commercial disc reproduction.^¶-4.e

    Any offer of free materials by SLI assigns no obligation on our part, including but not limited to, the preparation and mailing of any such material, nor the custom services or costs on receipt by international mail. Continuation of any offer of free material is neither warranted nor implied. When purchase orders are processed through SLI or its affiliate Free English Now (FEN) and paid for by the customer, SLI assumes no financial responsibility for loss or delay through either domestic or international mail or for any other cause. Similarly, any offer of free services through the FEN website (such as free listing for those selling CDs or those offering translation services) may be terminated at any time by FEN without notification or liability. FEN also has the right to deny any request by an individual or organization for such listing at FEN's sole discretion. ^¶-5

    All written (including translated) material or correspondence submitted to SLI or FEN becomes the property of SLI unless agreed to in writing prior to the translation or correspondence submission date. Any such correspondence or translation may be used by SLE without compensation to the author.^¶-6

    Any user of SELQ courses, or the user of any material stated or supplied by SLI, whether private, institutional, or commercial, indemnifies SLI of any and all claims for any liability incurred in the use of published or downloaded materials in the SELQ lessons. Full liability for all marketing, use, and resale of the course by an individual or commercial firm becomes that individual's or firm's sole responsibility.^¶-7

    All material published by SLI is copyright-protected and may not be reprinted for the purpose of re-sale except as allowed in the exceptions as stated. However, for the time period during which this material is made available for free downloading through a SLI affiliated web site (www.FreeEnglishNow.com) as "free use," the SELQ lessons in their entirety may be reproduced for individual use or resale without requesting permission.^¶-8

    Under no circumstances is any portion of SELQ to be loaded on any commercial or individual web site, notwithstanding any "free use" period. SLI maintains the only web site source of these lessons.^¶-9

    The entire SELQ course may also be supplied to organizations or individuals in CD format. During the "free use" period, an organization or individual may reproduce the course in print, recorded audio cassette tape or CD format for individual distribution to students. Teachers using SLI materials (generally, those teaching English either gratis or for charge) may sell their service, including the SELQ course, to individual students at any price fixed by the Teacher. Any Teacher acts entirely in his or her own behalf. A Teacher is not an agent of SLI. Upon termination of the "free use" period, the SELQ course will not be reproducible for commercial sale in any form, including CD format. If, however, no restrictions are designated on the CD supplied by SLI, then the provisions stated in ^¶-4.e apply and the CD may be used for commercial resale.^¶-10

    Schools (either public or religious educational institutions) may allow students to copy the CD for personal use as long as the conditions of "free use" are in effect. At no time, can a school enter into competition with SLI's sale of SELQ. However, the student is bound by the same restrictions placed on the school for SELQ's use. In no case can a CD be altered by deleting any portion of the file material before students are allowed to make copies.^¶-11

    The SELQ lessons are available to religious mission organizations. (This includes both mission organizations operating in other than their own culture as well as church-related organizations either within or outside of the United States. Individuals affiliated with such a religious group are granted the same privilege as the organization to which they belong.) This provision includes the following:^¶-12

1. During the "free use" time period, SLI allows Teachers to reprint the text and audio-record the SELQ lessons as stated above, provided that the following conditions are met:^¶-12.a

   • SLI is free to revoke allowance for reproduction and re-sale at any time without advance notice. Such revocation may include all who are reproducing the material or name only a single publisher. At their sole discretion, SLI may choose to either prevent the publisher's(s') remaining stock from entering the re-sale market, or, may establish a royalty payable to SLI as a condition of sale, in an amount determined solely by SLI.^¶-12.a.1

   • Any materials reproduced for re-sale must carry the SLI copyright notice (and American Bib. Society copyright notice, where applicable).^¶-12.a.2

   • Materials used for re-sale must be reproduced from computer downloaded text and audio files. Permission is never granted to alter, re-record or re-set text for re-sale publication.^¶-12.a.3

   • Re-sale publication must use the full text and audio reproduction including an unaltered Lesson Text portion for each lesson in which it is used.^¶-12.a.4

2. Though not required, SLI would appreciate knowing the number of students using the course. When possible, we would appreciate being informed at approximately each six-month interval for the duration of the time the course is taught.^¶-12.b

    The quotation material used in the Lesson Text belongs to the American Bib. Society and is protected by their copyright. SLI operates under the permission granted to any user of the Good News Testament (GNT) and has no authority to transfer permission to any other individual. The GNT copyright page states:^¶-13

    The American Bib. Society is glad to grant authors and publishers the right to use up to five hundred (500) verses from the text in church, religious and other publications without the need to seek and receive written permission. However, the extent of quotation must not comprise a complete book nor should it amount to more than 25% of the work. The proper copyright notice must appear on the title or copyright page.^¶-13.a

    When quotations from the GNT are used in non-salable media such as church bulletins, orders of service, poster, transparencies or similar media, a complete copyright notice is not required, but the initials (GNT) must appear at the end of each quotation.^¶-13.b

    Request for quotation in excess of five hundred (500) verses in any publication must be directed to, and written approval received from, the American Bib. Society, 1865 Broadway, New York, NY 10023. ^¶-13.c

    If you do not agree to the Terms of Use as specified above, please do not proceed with use of the SELQ course.^¶-14

    SLI reserves the right, at our discretion, to update or revise these Terms of Use.^¶-15

    Should ownership of SELQ be transferred to any third party, all rights to SELQ and direction of same become the property of that third party as agreed to between SLI and said third party. There will be no implied encumbrances to SELQ from any other party's use of SELQ.^¶-16

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