7. OWNERSHIP RIGHTS AND PROPRIETARY INFORMATION. EOA OR ITS PRESENTATION PARTNERS OWN ALL RIGHT, TITLE AND INTEREST (INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS THROUGHOUT THE WORLD) RELATING TO ANY AND ALL WORKS OF AUTHORSHIP, DESIGNS, KNOW-HOW, IDEAS, COURSE MATERIALS, PRODUCTS (IF ANY), SERVICES AND INFORMATION MADE BY EOA (OR ITS AFFILIATED ENTITIES) OR CONCEIVED OR REDUCED TO PRACTICE, IN WHOLE OR IN PART, BY EOA ( OR ITS AFFILIATED ENTITIES) IN CONNECTION WITH THE PROGRAM.
8. Intellectual Property. You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and all copyrighted materials including but not limited to all EOA Program materials in any form, all images, recordings, graphics, training materials and designs, including the look and feel of the Site and materials (the “EOA Intellectual Property”) associated with any Program, website and/or portals are proprietary to and owned exclusively by EOA and its affiliated entities and Presentation Partners. You will not take any action that would interfere with or infringe upon the EOA Intellectual Property, including, but not limited to: (i) duplication, republication, reproduction, sale, display, disclosure of the EOA Intellectual Property for any reason or the creation of works (including any derivative works) that are the same or substantially similar to the EOA Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the EOA Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the EOA Intellectual Property; and (iv) any action that would pass off or create the appearance of an association with or endorsement by EOA. In consideration of the payment of the applicable Program Fee and your adherence to the TOU, EOA grants you a temporary, non-assignable, non-transferable licence for personal use of the EOA Intellectual Property in connection with your personal participation in the Program.
You agree that any unauthorized use of any of the Program materials or any breach of the foregoing prohibited use of EOA Intellectual Property will cause EOA irreparable harm and will result in a minimum fine of $5,000 as liquidated damages in addition to any statutory or common law remedy(ies) EOA or any of its affiliates or partners may have.
9. Modification. EOA may modify or amend any of the terms and conditions contained in this TOU, at any time and in EOA’s sole discretion, by posting a change notice or a new version of the TOU on the applicable Program website or by otherwise advising you of the amendment/modification. Your continued participation in a Program following the posting of a change notice or a new version of the TOU on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
10. Indemnification. You agree to indemnify, hold harmless and defend EOA (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including reasonable attorney’s fees) resulting from or arising out of your actions, your participation in the Program including but not limited to your use of the Program materials, forums, portal, comments you make, coaching, or your violation of this TOU or applicable law.
11. Assignment. You may not assign this TOU (or any obligations under this TOU), by operation of law or otherwise, without EOA’s prior written consent.