MATHBITS.COM (Frederick and Donna Roberts)
Subscription User License Agreement
IMPORTANT: Carefully read the License Agreement (“License”) contained here before using these materials. Purchasing a subscription for this product indicates your acknowledgment that you have read this license and agree to its terms.
THIS IS A LICENSE, NOT A SALE. This License is a legal agreement between you (an individual) and MathBits.com. The MathBits.com's Subscription Resources (JrMathBits.com, AlgebraBits.com, GeometryBits.com, Algebra2Bits.com) shall be referred to herein as the “Product”. The Product is owned by MathBits.com and is protected under United States copyright laws and international treaty provisions. The Product is licensed, not sold. The Product is provided under the following License which defines what you may do with the Product and contains limitations on warranties and/or remedies. MathBits.com reserves the right to update, modify, or otherwise make changes to this License Agreement.
MathBits.com (“Frederick Roberts”, “Donna Roberts”, “we or “us”) provides you with multi-media teaching materials, solutions, digital data, printed materials, a License and “on line” or electronic documentation (collectively called the “Product”).
B. RESTRICTIONS ON USE:
1. We grant you a limited, non-exclusive license to use the Product in accordance with the terms of this License.
2. The copyright and all other rights to the Product shall remain with us or our licensors.
3. You must reproduce any copyright or other proprietary notice marked on the Product on all copies you make for your classroom use.
4. The content (with the exception of unaltered .pdf files as outlined in 5.c) from the Subscription Resources may not be copied,
framed, mirrored, downloaded,
snagged, or installed electronically on any server. You may not upload (re-post) any content files to any web server, file sharing server, or Internet enabled location that is publicly accessible (including, but not limited to, teacher web pages, blogs, social networking sites, wikispaces, professional sharing areas, or the like).
5. YOU MAY:
a. use, reproduce, and distribute unaltered hardcopies (.pdf files) of the teaching materials contained within the Product as handouts in connection with your rendering of face-to-face educational teaching services to students (namely student instruction in your face-to-face individual classroom only).
b. access the on-line interactive materials contained within the Product in connection with your rendering of face-to-face educational teaching services to students (namely student instruction in your face-to-face individual classroom only).
c. post original, unaltered, .pdf files from the Product to the Internet, if and only if the files reside in a password protected server directory and are accessed only by students assigned to your current courses. Such an Internet location is not to be accessed by other educators or students not in your courses. No modifications to these .pdf files are allowed, and the copyright or proprietary notice must remain in place. Copying or re-posting of any non-pdf materials in the Product is strictly prohibited. Posting any "snippets" of the Product is prohibited.
6. YOU MAY NOT:
a. sell, lease, loan, distribute, post to the Internet, publish, or transfer the Product (in whole or part) except as set out above.
b. share access to your subscription account (or to any of the resource materials) with any other persons. Subscriptions are issued to one user only. Do not distribute subscription materials to your colleagues.
c. modify the Product or merge all or any part of the Product with another product or program. You may not use any parts of the Product for the purpose of producing derivative works. You may not merge all or any part of the Product to create a single multi-resource file or packet of materials.
d. incorporate snippets of the materials (including, but not limited to, graphics and/or diagrams) from the Product into teacher lessons for display or distribution. Using snippets of the Product for any purpose is prohibited.
e. use the Product as templates to create additional materials for sale, distribution, or posting to the Internet.
f. assign or otherwise transfer this License to anyone, without MathBits.com prior written consent.
g. reuse, redistribute, resell, sub-license, or make available the Images included within the Product. This Product contains numerous images (photos, clip art, drawings and graphics collectively referred to as the “Images”) which are either owned by MathBits.com or licensed from third parties. You may not use the Images separately or as part of any other work. Separate use of the Images will be considered copyright infringement by MathBits.com AND by our Image licensing companies.
h. create scandalous, obscene, defamatory, or immoral works using the Product and/or Images, nor use the Product and/or Images for any other purpose which is prohibited by law.
C. TERM: Product access and this License shall continue for a period of one year after Subscription activation. At the end of the one-year period (when your subscription access ends), if you continue to use materials obtained from the Product, you will remain under obligation to adhere to these License statements regarding "use" of the Product.
Due to the downloadable nature of these materials, refunds or exchanges will not be issued.
Product access and this License will, however, terminate if you fail to comply with any of its terms or conditions. Upon termination, you must destroy all copies of (or obtained from) the Product. Upon termination, any and all current subscriptions with MathBits.com will be closed, and no refunds (whole or partial) will be granted. The remainder of time on a terminated subscription may not be transferred to another individual. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
D. LIMITATION OF WARRANTIES AND LIABILITY: The Product is provided on an “as is” basis, without any other warranties or conditions, express or implied, including, but not limited to, warranties or merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing. The entire risk as to the results and performance of the Product is assumed by you. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages, or they are foreseeable. We are also not responsible for claims by a third party. Our maximum aggregate liability to you and that of our dealers and suppliers shall not exceed the amount paid by you for the Product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
No one at MathBits.com involved in creating, producing or delivering the Product accepts liability
for student progress, educational testing scores, educational program
completion, teacher employment, or teacher professional progress.
In addition, no one at MathBits.com accepts liability for the improper or
incorrect use of these materials.
E. GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of New York, United States of America and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.
F. JURISDICTION: This License is governed by and construed in accordance with the laws of the state of New York in the United States of America. Venue for any claim or dispute arising out of this License shall be the County of Oswego.
G. ATTORNEYS’ FEES: In the event that any litigation between the parties hereto in connection with this License or to enforce any provision or rights hereunder, the prevailing party shall be entitled to recover all costs and expenses, including but not limited to reasonable attorneys' fees, and any other relief to which the prevailing party may be entitled.
If you have any questions concerning this License Agreement, please contact MathBits.com by e-mail or in writing at:
Frederick and Donna Roberts
712 County Route 3
Fulton, New York 13069, USA