Terms of Use Agreement
COPYRIGHT, USAGE TERMS AND CONDITIONS
The Parent Teacher Conference Wizard is Copyright by PTC Wizard.
All Rights Reserved.
By installing, downloading, or otherwise using any portion of this Software or
Documentation, you accept and agree to be bound by all the terms and conditions
listed below.
Terms and
Conditions
PTC Wizard (the "Service") provided by PTC Wizard, Inc.
("PTC") with permission of your local school, local school district,
teacher, or other responsible education authority (the "Subscriber")
is made available to you (the "User") subject to the following Terms
and Conditions in the PTC Service Agreement (the "Agreement"). By
using and accessing this Service, you are agreeing to be bound by, and to
comply with, these Terms and Conditions and any other terms and conditions or
terms of service posted on any individual page of this Service.
Changes in
Terms and Conditions
PTC reserves the right to change this policy at any time, for any reason,
and without notice, including the right to terminate these services. Therefore,
it is your responsibility to review these Terms and Conditions from time to
time so you will be apprised of any changes.
License
The software product identified above, including but not limited to any
software, media, and accompanying on-line or printed documentation
(collectively "Software") is licensed, not sold, by PTC Wizard, Inc.
("Licensor") to the School.
The license is only valid for one school and is not transferable. Any violation
of the terms and conditions in this license can render the license invalid.
In the event that a license becomes invalid, the school account will be shut
down without refund.
For information about licensing this Software for another school, contact PTC
Wizard, Inc. at sales@ptcwizard.com
Permitted Use
Any staff member of the licensed School or parent with a child currently
attending the licensed School is hereby authorized to use the Web portion of
the Software ("Web Software") for the purposes of scheduling
parent/teacher conferences only. Redistributing, selling, copying, or
reproducing any part of the Software over any medium without prior written
consent from Licensor is expressly forbidden. You may not download, install, or
copy the Software except in the practice of using the Web Software with a Web
browser, and only for the purposes of scheduling parent/teacher conferences.
Restrictions
The Software and any copies that exist are owned by Licensor. The Software
is confidential and copyrighted. The structure of the Software, its
organization and code are the valuable trade secrets of Licensor. Title to
Software and all associated intellectual property rights, including but not
limited to trade secrets, trademarks, service marks, patents, and copyrights
are retained by and will remain the property of Licensor. The Software is also
protected by the United States Copyright Law and International Treaty
provisions. You must treat the Software just as you would any other copyrighted
material, such as a book.
You may not reverse engineer, decompile, disassemble
or otherwise attempt to discover the source code of the Software, in whole or
in part. You may not prepare derivative works based on the Software or its
screen displays. No part of the Software may be reproduced, copied, or
republished, in any form, without written permission from Licensor.
The license is non-transferable and may not be used by multiple schools without
written permission from the Licensor.
Disclaimer of
Warranties
The Software and the information contained or accessed are provided
"AS IS". To the maximum extent permitted by applicable law, Licensor
and School expressly disclaim and you hereby expressly waive all warranties,
conditions or representations, either express or implied, including but not
limited to, implied warranty of merchantability, satisfactory quality, fitness
for a particular purpose, title, non-infringement, and error-free or uninterrupted
service with regard to the Software, and the provision of or failure to provide
support services. To the maximum extent permitted by applicable law, in no
event shall Licensor, its suppliers, or the School be liable for any special,
incidental, indirect, consequential or punitive damages whatsoever (including,
without limitation, damages for loss of revenue, profit or data, business
interruption, loss of business information, or any other pecuniary loss),
however caused, arising out of or related to the use of or inability to use the
Software or the provision of or failure to provide support services, even if
Licensor or School has been advised of the possibility of such damages.
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THIS SERVICE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED
"AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, ARE
EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, PTC DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS
SERVICE. PTC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE
SERVICE OR THROUGH ANY LINKS PROVIDED IN THE SERVICE. PTC SIMILARLY DISCLAIMS,
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL PTC BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICE OR ITS ASSOCIATED PRODUCTS
AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES (EVEN IF PTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH
LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE SERVICE, PRODUCTS OR SERVICES, FROM INABILITY TO
USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
SERVICE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON
THIS SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE PRODUCTS AND SERVICES.
THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Changes in the Service
PTC reserves the right to change this Service at any time, for any reason,
and without notice, including the right to terminate these services. Therefore,
it is your responsibility to review these Terms and Conditions as well as any
announcements or news on the Service from time to time so you will be apprised
of any changes.
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