TERMS AND CONDITIONS FOR EDVIDI SOFTWARE, EDVIDI TEACHER ACCOUNT, AND ACCOMPANYING GOOGLE CHROME™ TEACHER EXTENSION
Revised April 16, 2019
PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS IN THIS LEGAL AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE. This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) (“Customer”) and Edvidi Software LLC ("EDVIDI") of 1001 Fero Ave NE, Lowell, MI 49331, from whom you acquired the EDVIDI software product(s) ("SOFTWARE PRODUCT" or "SOFTWARE"), either directly from EDVIDI or through one of EDVIDI's authorized resellers.
The SOFTWARE PRODUCT includes computer software, any associated media, any printed materials, and any "online" or electronic documentation. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, EDVIDI is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use the SOFTWARE PRODUCT and you should uninstall the SOFTWARE.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. LICENSE GRANT.
In addition, from time to time, the Software or Google Chrome™ Teacher Extension or Edvidi Account may automatically update to newer versions, either directly or on your device. You acknowledge and grant permission for these updates to occur.
2. SCOPE OF LICENSE. THIS LICENSE GRANTS YOU THE FOLLOWING RIGHTS.
a. The Edvidi Teacher Software, Google Chrome™ Teacher Extension, or Teacher Account is provided under a single-user license for “USER” (Teacher, or Administrator or other educational personnel, use in an educational setting) to connect with applicable Students via the Edvidi Student Extension. The Software, Google Chrome™ Teacher Extension, or Account may not be shared by multiple individuals.
A License may connect with as many Edvidi Student Extensions as is associated with the USERS Google Classroom ™ installation.
b. The Edvidi Google Chrome™ Student Extension is free to download and can be accessed by any licensed Edvidi Google Chrome™ Teacher Extension.
c. Support. Information regarding support services for the Software is located within the Support section of EDVIDI's Internet web site at . Any supplemental Software or Google Chrome™ Teacher Extension updates provided to you as part of the support services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to EDVIDI as part of the support services, EDVIDI may use such information for its business purposes, including for product support and development. EDVIDI will not utilize such technical information in a form that personally identifies you.
d. EDVIDI ACCOUNT. AS A CONDITION OF YOUR OBTAINING ANY OF THE FOREGOING LICENSES, EDVIDI REQUIRES THAT YOU CREATE AN EDVIDI ONLINE ACCOUNT, THAT IS UNIQUE TO YOU, IN ORDER FOR YOU TO OBTAIN CONTINUOUS USE OF THE SOFTWARE. YOU ACKNOWLEDGE THAT YOU UNDERSTAND THAT THE SOFTWARE WILL NOT FUNCTION, OR WILL CEASE TO FUNCTION IF YOU DO NOT CREATE AN EDVIDI ACCOUNT THAT IS UNIQUE TO YOU. YOU MAY CREATE AN EDVIDI ONLINE ACCOUNT WHEN FIRST INSTALLING THE GOOGLE CHROME™ TEACHER EXTENSION. YOU ACKNOWLEDGE AND UNDERSTAND THAT THERE MAY BE A VARIETY OF TECHNOLOGICAL MEASURES IN THE SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED OR ILLEGAL USE OF THE SOFTWARE. YOU AGREE THAT WE MAY USE SUCH MEASURES.
3. INTELLECTUAL PROPERTY
All intellectual property and trademark rights in the Edvidi Teacher Software, Google Chrome™ Teacher Extension, or Teacher Account shall be owned by EDVIDI absolutely and in their entirety. These rights include and are not limited to database rights, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Edvidi Teacher Software, Google Chrome™ Teacher Extension, or Teacher Account are property of their respective owners. You agree that you will not use the Intellectual Property of EDVIDI for any purpose except to the extent necessary to be a user of EDVIDI products. Furthermore, you agree NOT to create any materials using EDVIDI intellectual property and to provide information or execute any documents as reasonably requested by EDVIDI to enable EDVIDI to defend it’s intellectual property rights.
a. Reverse Engineering. Except to the extent applicable laws specifically prohibit the following restrictions, and then only to the minimum extent permitted thereunder: You may not modify, translate, reverse engineer, decompile, disassemble, or otherwise attempt to re-create or discover the source code or other proprietary components of the Software or Google Chrome™ Teacher Extension or create derivative works based on the Software, or any portion of the Software.
b. Transfer. You may not rent, lease, lend or otherwise temporarily transfer the Software, Google Chrome™ Teacher Extension, or Edvidi Account.
c. Proprietary Notices. You may not remove any proprietary notices, labels or marks on the Software, Google Chrome Extension™, or Edvidi Account.
d. Use of EDVIDI's Name. You may not use EDVIDI's or EDVIDI's suppliers' name, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except for instances where they are automatically generated by the Software, or as may be necessary to affix the appropriate copyright or other proprietary notices as required by this EULA.
e. You may not permit any third party to perform any of the above restricted actions set forth in this RESTRICTIONS Section.
f. Google™, Google Classroom™, and Google Chrome™ are all registered trademarks of Google, Inc. All rights reserved.
THE SOFTWARE PRODUCT (the Edvidi Teacher Software, Google Chrome™ Teacher Extension, Google Chrome™ Student Extension, or Teacher Account) is being delivered to you "AS IS" and EDVIDI makes no warranty as to its use or performance. EDVIDI does not and cannot warrant the performance or results you may obtain by using the SOFTWARE PRODUCT. EDVIDI and its suppliers make no warranties, express or implied, as to non-infringement of third party rights, title, merchantability, or fitness for any particular purpose. You assume all risk associated with the quality, performance, installation and use of the Software, the Google Chrome™ Teacher Extension, or Edvidi Account including, but not limited to, the risks of program errors, damage to equipment, loss of data or software programs, or unavailability or interruption of operations. You are solely responsible for determining the appropriateness of use the software and assume all risks associated with its use.
Except as expressly warranted above, the SOFTWARE PRODUCT (the Edvidi Teacher Software, Google Chrome™ Teacher Extension, Google Chrome™ Student Extension, or Teacher Account), any related documentation, downloads and/or updates are provided "as is" without other warranties or conditions of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non- infringement. You assume the entire risk as to the results and performance of the Software, the Google Chrome™ Teacher Extension, and the Edvidi Account. Nothing stated in this EULA will imply that the operation of the Software, the Google Chrome™ Teacher Extension, Google Chrome™ Student Extension or Edvidi Account will be uninterrupted or error free or that any errors will be corrected. Other written or oral statements by EDVIDI, its representatives or others do not constitute warranties or conditions of EDVIDI and are expressly disclaimed.
In no event will EDVIDI (or its officers, employees, suppliers, distributors, or licensors: collectively "Its Representatives") be liable to you for any indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue, lost or damaged data or other commercial or economic loss, arising out of any breach of this EULA, any use or inability to use the Software, the Google Chrome™ Teacher Extension, or the Edvidi Account or any claim made by a third party, even if EDVIDI (or Its Representatives) have been advised of the possibility of such damage or claim. In no event will the aggregate liability of EDVIDI (or that of Its Representatives) for any damages or claim, whether in contract, tort or otherwise, exceed the amount paid by you for the Software, the Google Chrome™ Teacher Extension, Google Chrome™ Student Extension, or the Edvidi Account.
These limitations shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or certain limitations of implied warranties. Therefore the above limitation may not apply to you.
You agree to indemnify and hold EDVIDI, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, the Google Chrome™ Teacher Extension, Google Chrome™ Student Extension, or the Edvidi Account, or the infringement by you, of any intellectual property or other right of any person or entity.
8. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Termination: Without prejudice to any other rights, EDVIDI may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
Google Classroom™: You understand and acknowledge that Edvidi Teacher Software, Google Chrome™ Teacher Extension, Google Chrome™ Student Extension, or Teacher Account interacts with Google Classroom™ in such a way as to be unusable without a Google Classroom™ installation. Furthermore you understand and acknowledge that you are solely responsible for installation and maintenance of any Google Classroom™ installation.
a. All title and copyrights in and to the Software, the Google Chrome™ Teacher Extension, or the Edvidi Account (including but not limited to any images, photographs, animations, video, audio, music and text, incorporated into the Software, the Google Chrome™ Teacher Extension, or the Edvidi Account), and any accompanying printed material are owned by EDVIDI. You may not copy the printed materials accompanying the Software, the Google Chrome™ Teacher Extension. All rights not specifically granted under this EULA are reserved by EDVIDI.
b. Google™, Google Classroom™, and Google Chrome™ are all registered trademarks of Google, Inc. All rights reserved.
10. PRODUCT SUPPORT.
EDVIDI has no obligation under this EULA to provide maintenance, support or training.
11. USER CONDUCT
In connection with your use of or access to the Software, the Google Chrome™ Teacher Extension, or the Edvidi Account you are responsible for your compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online and electronic conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Software, the Google Chrome™ Teacher Extension, or the Edvidi Account you will not:
Let other persons use your account, and you agree that you are the sole authorized user of your account;
Use the Software, the Google Chrome™ Teacher Extension, or the Edvidi Account for any purpose that is unlawful;
Represent yourself as another or as a fictitious individual;
Bypass any measures Edvidi may use to present or restrict access to the Software, the Google Chrome™ Teacher Extension, or the Edvidi Account, or otherwise attempt, by any means, to gain access to data or information that you are not entitled to access;
Impersonate any person or entity;
Stalk, threaten, or otherwise harass any person;
Interfere with or disrupt Edvidi or the servers or networks connected to Edvidi;
Post information or interact via the Software, the Google Chrome™ Teacher Extension, or the Edvidi Account in any manner which is false, inaccurate, misleading (directly or by omission), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
Use the Software, the Google Chrome™ Teacher Extension, or the Edvidi Account in any way that infringes on any third party’s rights, including but not limited to, intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
Post, email or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data, or personal information.
END EDVIDI END USER LICENSE AGREEMENT AND TERMS AND CONDITIONS