At all times all Users are responsible for their use of the Cambium Learning Web Site, and Cambium Learning assumes no liability regarding any use of the Web Site by any person. At any time, and in its sole discretion, Cambium Learning may terminate, limit, or modify access of any person to the Web Site.
All functionality is provided to Users as is and without warranties of any kind, express or implied. Cambium Learning expressly disclaims any warranty of merchantability and fitness for a particular purpose, and moreover disclaims any warranty of title, compatibility, security, accuracy, and non-infringement.
Educational Use Only
Each User agrees to access the Web Site and to use the Services provided by Cambium Learning only for educational purposes and for no commercial purposes whatsoever.
Users shall not attempt to disrupt or interrupt the operation of the Web Site. Users shall not use the Web Site in any manner that could damage, impair, or interfere with any persons' use of, the Web Site.
Users are responsible for all charges associated with connecting to the Web Site.
Public Communications and Email
Cambium Learning may provide certain Users the facility for posting communications in the form of email, web pages, or other similar communication. Such postings are intended for public consumption and the author shall have no expectation of privacy in such communications. Such communications may not contain offensive material as defined herein. Users may post only their original work. Cambium Learning will not be responsible for the content of materials posted by Users, and does not attempt to review all communications made to or through the Web Site. Cambium Learning retains the right, but has no obligation, to monitor such postings, either randomly or in response to inquiries, or both, in order to detect and remove any material which Cambium Learning, in its sole discretion, believes to be offensive, obscene, slanderous, or in any way contrary to law or to Cambium Learning policies. In posting any communications, the User grants to Cambium Learning a fully-paid, perpetual, worldwide, and royalty-free right to copy, display and distribute and such communications in such form and manner as Cambium Learning in its sole discretion may deem beneficial to its subscribers.
Offensive Material includes any material that:
- is obscene, offensive, indecent, pornographic, sexually explicit or abusive;
- contains any racial, religious, or ethnic insult;
- contains false or misleading statements of fact;
- constitutes impersonation of another person;
- is slanderous, libelous or defames any person or entity;
- causes injury to any person or entity;
- infringes the privacy or intellectual property rights of any person or entity;
- is contrary to law or to public policy;
- in any way violates this Agreement or any Cambium Learning policy;
- includes any survey, contest, pyramid scheme or chain letter;
- advertises or offers to sell or buy any goods or services for any commercial purpose;
- collects or harvests information about others without their express consent;
- solicits funds, except for the benefit of Customer and for a charitable or educational purpose;
- or contains any software virus or other code or routine designed to interrupt, destroy, or limit the functionality of any computer.
Cambium Learning may on its Web Site provide hyperlinks and pointers to other sites on the Internet maintained by third parties. Such links do not constitute an endorsement by Cambium Learning. Cambium Learning and its affiliates are not responsible for the content, availability, accuracy, or currency of other sites. No person may link to www.Cambium Learning.com without the express permission of Cambium Learning.
Cambium Learning and its Licensors are the owners of all content and materials on the Web Site, which is protected by copyright and other laws. Users may, on an occasional and irregular basis, disseminate an insubstantial portion of the content from the Web Site, for any non-commercial purpose, without charge, and may transmit the same, in tangible non-electronic form only, to a limited number of individuals. In transmitting any such material, Users must include all copyright and other proprietary right information unchanged in form, must include original source attribution, and must include the phrase "Used with the Permission of Cambium Learning, Inc." Users may not post any content of Cambium Learning's Web Site to any newsgroup, mail list or electronic bulletin board. Users may not reproduce, transmit, sell, distribute, or in any way exploit the Web Site or any portion thereof for any commercial use.
Content on this Web Site may include facts, views, opinions and recommendations of persons other than Cambium Learning, which are deemed by Cambium Learning to be of interest to Users. Neither Cambium Learning nor its Licensors guarantee or warrant the accuracy, completeness, or timeliness of such content, or otherwise endorse the authors. Cambium Learning intends no portion of the content as professional advice.
Kurzweil Education, Inc. End-User License Agreement.
This is a legal agreement between you and Kurzweil Education, Inc. for itself and its affiliates (collectively, "Kurzweil Education, Inc."). By opening the sealed software package and/or by using the software, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, promptly return the unopened software package and all of its accompanying items to Kurzweil Education, Inc.. for a full product refund, less shipping charges.
- Grant of License. This Kurzweil Education, Inc. License Agreement ("License") permits you to use the software package enclosed with the License ("Software Package") for your internal purposes only. The Software Package includes computer software ("Software"), user manuals and instructions ("Documentation"). This is a non-exclusive License, without the right to assign or sublicense. If this is a License for Software relating to Kurzweil 3000 'Standalone' or Kurzweil 1000, you may install and use the Software on any single computer that is running a validly licensed operating system. Standalone licenses of Kurzweil 1000 and Kurzweil 3000 containing an individual, non-volume serial number for use by a/the primary user of the program software on a/the computer on which the Software is installed may install a second copy of the Software for his or her exclusive use on one additional computer. Since permission to install the Software on a second computer is intended solely as a convenience to the primary user/you, and not as an extension of the License to additional users, you may only use one (1) installation at a time. Concurrent use on two (2) or more computers is not authorized without the advance written consent of Kurzweil Education, Inc. and the payment of additional license fees. If you own multiple Standalone licenses indicated by a volume serial number (serial#-xy), then at any time, you may have as many copies of the Software installed use as you have valid licenses indicated by (-xy). Second installations of Standalone licenses purchased in volume are strictly prohibited. In the case of a Software Package designated as a "Network" version, you may install the Software on an unlimited number of computers within a network; however, the number of users simultaneously operating the Software at any given time is strictly limited to the number of licenses purchased. In the case of a Software Package designated as a "Web License Subscription" version, you may install the Software on an unlimited number of computers; the number of licenses available for use will vary by subscription type, though they may be used anywhere our Web License Software is installed. In the case of Per User licensing, only students rostered in the user management system and teachers/administrators/faculty may use the Software; licenses are strictly limited by the number of licenses that are purchased. For Per User licensing, each license is assigned to a specific student. For Site Licenses, software usage is strictly limited to any faculty or student currently employed by or enrolled with the stated site/institution. All other rights and limitations in this License apply uniformly to all versions of Kurzweil Education, Inc. software. For District Licenses, software usage is strictly limited to any faculty or student currently employed by or enrolled with the identified district. For Disabled Student Services implementations (U.S. only), only students who are actively serviced by a college or university's Disabled Student Services office (or any office serving students with a disability) and identified support staff personnel may be licensed for product use.
- Kurzweil Education, Inc.' Rights. You acknowledge that the Software Package consists of proprietary products of Kurzweil Education, Inc., protected under U.S. copyright law and trade secret laws of general applicability, as well as other laws. You further acknowledge and agree that all right, title and interest in and to the Software and Documentation are and shall remain the property of Kurzweil Education, Inc.. This License does not convey to you an interest in or to the Software or Documentation, but only a limited right of use, revocable in accordance with the terms of this License.
- Term. This License is effective upon your first use of the Software or Documentation, and shall continue until terminated. You may terminate this License at any time by returning the Software Package to Kurzweil Education, Inc..
- Software Transfer. You may permanently transfer all rights under this License, provided you retain no copies, transfer all of the Software Package (including all component parts, the media and printed materials, any upgrades [see Section 5 below], and this License), and the recipient agrees to the terms of this License. If the Software Package is an upgrade, any transfer must include all prior versions.
- Upgrades. If the Software Package is labeled as an upgrade, you must be properly licensed to use a product identified by Kurzweil Education, Inc. as being eligible for the upgrade in order to use the Software Package. A Software Package labeled as an upgrade replaces and/or supplements any product that formed the basis for your eligibility for the upgrade. All software and licenses that formed the basis for upgrade are to be destroyed. By installing the upgrade Software Package you are agreeing that all of the older software and licenses (i.e. those which have been upgraded) have been fully removed from your systems. Any future use of the older software or licenses will be deemed a violation of this License Agreement and pursued through appropriate legal channels to resolution. You may use the resulting upgraded product only in accordance with the terms of this License. If the Software Package is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Package may be used and transferred only as a part of that single product package and may not be separated for use on more than one computer. Customers purchasing new licenses of Kurzweil 1000/3000 in the 90 days preceding the release of a new version of Kurzweil 1000/3000 will receive the updated version of Kurzweil 1000/3000 at no charge.
- Other Restrictions. This License is your proof of a non-exclusive license to exercise the rights granted herein and must be retained by you (or its transferee under Section 4). You may not rent, lease, lend, or otherwise commercialize the Software Package, or the Software or Documentation, in any manner. You may not reverse engineer, reverse compile/decompile, disassemble or decompose the Software, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may not export the Software Package, or the Software or Documentation, or transfer any or all of them to another who exports them in violation of applicable US law. Your use of the Software to create electronic versions of print documents may not violate copyright ownership of source materials. If you upload or install source materials or any other materials on any computer, including, without limitation, your computer, a local area network, or a web-based computer hosted by Kurzweil Education, Inc., you hereby acknowledge that you have all of the necessary ownership or licensed rights to load such materials and shall fully indemnify Kurzweil Education, Inc. from any claims that may arise relating to such actions.
- Source Material Obligations. You have the burden of determining copyright status of source materials and determining the applicability of any exceptions to copyright. (See "Notice of Copyright Responsibilities and Exceptions" contained in the Documentation.)
- Limited Warranty. Kurzweil Education, Inc. warrants solely to you that the Software Package shall perform in accordance with the program specifications in effect at the time of delivery and shall be free from material defects in materials and workmanship, when given normal, proper and intended usage, for a period of ninety (90) days from the date of delivery of the Software Package to you. Kurzweil Education, Inc. agrees to repair or replace, at its option and without cost to you, all defective Software Package components, provided that you have given Kurzweil Education, Inc. written notice of such warranty claim within such ninety (90) day warranty period. Kurzweil Education, Inc. shall have no obligation to make repair or replacements which are required by normal wear and tear, or which result, in whole or in part, from catastrophe, fault or negligence of you, or from improper or unauthorized use of the Software Package (including any use by third parties and by your employees, consultants and agents who are not authorized users), or use of the Software or Documentation in a manner for which it is not designed, or by causes external to the Software Package. This section states Kurzweil Education, Inc.' sole liability, and your exclusive remedy, for any breach of the Limited Warranty set forth in this section.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT KURZWEIL EDUCATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KURZWEIL EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL KURZWEIL EDUCATIONS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR KURZWEIL EDUCATION INC.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KURZWEIL EDUCATION, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- KURZWEIL EDUCATION, INC. MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KURZWEIL EDUCATION, INC. OR THROUGH, OR FROM, THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY KURZWEIL EDUCATION, INC. AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
- Remedies. In the event that Kurzweil Education determines, in its sole discretion, that a User has breached any portion of these terms and conditions, or has otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn the User via e-mail that she or he has violated this Agreement; (ii) delete any content provided by the User (or anyone accessing User's account); (iii) discontinue the User's account and/or any other Kurzweil Education service; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) require you to promptly return the software package (vii) take any other action that Kurzweil Education deems appropriate.
- Governing Law. This License is entered into and executed in the State of Texas and shall be construed and enforced in accordance with the laws of the State of Texas without giving effect to common law principles regarding choice of law. The parties agree that any action to construe or enforce this Agreement shall be heard in a court of competent jurisdiction in Dallas County, Texas, and the parties each hereby expressly submit to the personal jurisdiction of the courts in such county.
- Severability. Should any term of this License be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
- No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- Third Party Technology. Some versions of the Software incorporate certain technologies ("Third Party Technologies") owned by ABBYY USA, Bennet-Tec Information Systems, Inc., Cartesian Products, Inc., Fraunhofer IIS and Thomson, Houghton Mifflin Company, IBM Corp., NeoSpeech Inc., Nuance Communications, Inc., Oxford University Press, Design Science, Inc, Marco Piovanelli and/or Working Software, Inc., Acapela Group, Acapela Group Babel Technologies SA, Symbols Worldwide Ltd trading as Widgit Software, ("Third Party Companies") or modified by Kurzweil Education, Inc. with permission of the Third Party Companies. Ownership and title of the Third Party Technologies shall at all times remain with the Third Party Companies. All provisions and restrictions of this License shall apply to the Third Party Technologies, and, by accepting this License, you agree to use the Third Party Technologies solely as a component of the Software. No Third Party Company shall be responsible for any damages, whether direct, indirect, incidental, special or consequential, arising from use of the Software. MPEG Layer-3 audio coding technology is licensed from Fraunhofer IIS and Thomson. Supply of this product does not convey a license nor imply any right to distribute MPEG Layer-3 compliant content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.
- 16. All notices given under this License shall be effective on receipt and shall be in writing. This document contains the entire agreement between the parties relating to the matters covered by it, superseding all other communications between the parties. This License may be modified or amended by Kurzweil Education with the most current version available on www.Kurzweiledu.com.