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PASCO scientific Education Software

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, COPYING, OR OTHERWISE USING PASCO SCIENTIFIC’S EDUCATION SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

1. LICENSE

This End-User License Agreement (“EULA”) is a legal agreement between you (the “Licensee”) and PASCO scientific, Inc. (“PASCO”). This EULA covers PASCO’s Education Software (“Software”) products and any accompanying documentation. The PASCO Education Software is licensed, not sold. If you download the Software from the Apple App Store the terms of Section 8 below also apply to your license to use the software. The software is intended for use in connection with educational purposes.

  1. Single User License: If you have purchased a Single User License, you are granted a non-exclusive, non-transferable license to use the Software on a single device for personal or educational purposes.
  2. Site License: If you have purchased a Site License, you are granted a non-exclusive, non-transferable license to install and use the Software on multiple devices owned by the Licensee within a single educational institution, such as a school or college. Users at remote institutional locations, such as satellite campuses, are not covered by the Site license.
  3. Subscription: If you have purchased a Subscription, you are granted a non-exclusive, non-transferable license to use the Software for the duration of the subscription period.

2. OWNERSHIP

PASCO retains the ownership of the Software. The applications and/or software are protected under U.S. and international copyright laws, treaty provisions and trade secret statutes. PASCO reserves all rights in and to the Software not expressly granted to you herein, and you shall not acquire any rights, title, ownership or any other interests in the Software, or any copies or parts thereof.

3. PROHIBITED USE

Without limiting the generality of the terms of this Agreement, the Licensee shall not,

  1. distribute, sell, lease, rent, sublicense, assign, distribute, publish, or otherwise transfer the Software to any third party, in whole or in part for any reason.
  2. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.
  3. modify, adapt, translate, or create derivative works based on the Software without explicit written permission from PASCO.
  4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Software, including any copy thereof.
  5. frame, mirror, or otherwise incorporate the Software or any portion of the Software as part of any other mobile application, website, or service.
  6. use the Software in any manner that could disable, overburden, damage, or impair the Software or interfere with any other party’s use of the Software.
  7. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software.
  8. use the Software for any unlawful purpose.

4. SUPPORT AND UPDATES

PASCO may provide updates, bug fixes, or customer support for the Software at its discretion. Such services may be subject to additional terms and conditions.

5. TERMINATION

  1. This EULA is effective until terminated. The Licensee may terminate the agreement at any time by destroying all copies of the Software.
  2. PASCO may terminate this EULA if the Licensee fails to comply with any of its terms and conditions. Upon termination, the Licensee must cease using and destroy all copies of the Software.

6. WARRANTY DISCLAIMER

The Software is provided "as is," without any warranty, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

7. THIRD PARTY PROVISIONS

If you downloaded the Application from the Apple® App Store™, (i) you and PASCO acknowledge that this Agreement is between you, as the End User, and PASCO. PASCO, not Apple, Inc. (“Apple”), is solely responsible for the Software and the content therein as between Apple and PASCO; (ii) you acknowledge that the license granted under Section 1 above only permits your use of the Software on any Apple-branded products owned or controlled by you and as permitted by the Usage Rules set forth in the Apple Media Service Terms and Conditions, except that the Software may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing; (iii) you acknowledge that Apple has no obligation to furnish any maintenance or support for the software, and you and PASCO acknowledge that PASCO, not Apple, is solely responsible for providing any maintenance and support with respect to the software, as specified by this Agreement, or as required by applicable law; (iv) PASCO, not Apple, is solely responsible for any applicable product warranties, and in the event of any failure of the Software to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Software to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PASCO’s sole responsibility; (v) you and PASCO acknowledge that PASCO, not Apple, is responsible for addressing any claims of the End User or any third party relating to the Software or the End User’s possession and/or use of the software, including, but not limited to product liability claims; any claim that the Software fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation, including in connection with the Software’s use of the HealthKit and HomeKit frameworks; (vi) you and PASCO acknowledge that in the event of any third party claim that the Software or the End User’s possession and use of that Software infringes that third party’s intellectual property rights, PASCO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties; and (viii) you and PASCO acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the End User as a third party beneficiary thereof. If you downloaded the Software from the marketplace known as Google Play® operated by Google Inc. (“Google”), then you acknowledge and agree that each member of the group of companies of which Google is the parent shall be a third-party beneficiary to this Agreement and that all such companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) it or them, and for the purposes of this subsection only, if there is a conflict between the Google Play Developer Distribution Agreement (the “Google Play Agreement”) and this Agreement, the Google Play Agreement will control.

8. THIRD-PARTY MATERIALS

The Software may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that PASCO is not responsible for Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. PASCO does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. PASCO reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any Third-Party Materials at any time without notice or liability to you.

9. COLLECTION AND USE OF YOUR INFORMATION

All information we may collect through or in connection with use of the Software is subject to our Privacy Policy.

10. LIMITATION OF LIABILITY

In no event shall PASCO be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, or other financial loss) arising out of the use or inability to use the Software, even if PASCO has been advised of the possibility of such damages.

The disclaimers of warranties and damages and the limitation on liability shall survive termination of the License.

11. EXPORT REGULATION.

You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

12. GOVERNING LAW

  1. This EULA is governed by the laws of Placer County, California, United States of America. Any legal action or proceeding related to this EULA shall be brought exclusively in the courts located within Placer County, California, United States of America.
  2. By installing or using PASCO’s Education Software, the Licensee acknowledges that they have read, understood, and agreed to the terms and conditions of this EULA. This agreement constitutes the entire understanding between the Licensee and PASCO concerning the Software and supersedes all prior agreements and understandings, whether written or oral.

13. MISCELLANEOUS

PASCO may amend and update this Agreement in the future and any such amendment will be effective upon the earliest of PASCO’s posting of the updated agreement on PASCO’s website or through the Software, or PASCO providing notice of the update to you otherwise. Your access or use of the Software after the effective date of any such amendment or update to this Agreement constitutes your acceptance of the amended or updated Agreement.

If you have any questions or concerns regarding this EULA, please contact us at:

PASCO scientific, Inc.
Address: 10101 Foothills Blvd., Roseville CA, 95747
Phone: 1-916-786-3800
Email: custserv@pasco.com

PASCO scientific eBook End User License Agreement

Subscriber’s access to and use of PASCO eBook(s) (“eBook(s)”) on PASCO scientific’s (hereafter referred to as “PASCO”) teacher.pasco.com and/or student.pasco.com is subject to the terms and conditions of the agreement (“Agreement”) below:

DEFINITIONS:

eBook - an electronic version of Essential Chemistry or Essential Physics that can be read on a computer or handheld device designed specifically for this purpose.

Subscriber – Private Person(s)/Entities, Student(s), Teacher(s), School(s) and/or District that receives access as defined by the purchase agreement.

Adoption Cycle – Period of eBook access for the School or District as defined by the purchase agreement.

1. LICENSE

  1. Grant. PASCO hereby grants Subscriber a non-transferable, revocable, limited license to access online the eBook(s) via https://teacher.pasco.com & https://student.pasco.com. The eBook(s) consists of Essential Physics and/or Essential Chemistry with licensed Content on select topics. Subscriber is licensed to use content made available to Subscriber in the eBook(s) (“Content”) solely in the regular course of student education and district/school business. If PASCO loses the right to offer any eBook Content, discontinues the Software, or is otherwise unable to offer eBook Content, PASCO may terminate Subscriber’s access to the eBook(s). At PASCO’s sole discretion and using commercially reasonable practices, PASCO may provide the Content in another media format. PASCO, at its sole discretion may update Subscriber to a more recent version of the eBook(s) if necessary to maintain access. PASCO hereby grants school and/or district, a non-exclusive and non-transferable license to view, use and display the Licensed Material on the following terms and conditions only:
    1. School and/or District acknowledges that the Licensed Material is being licensed to the school and/or district and use is subject to the terms and conditions of this Agreement.
    2. The Licensed Material is for educational use only.
    3. School and/or District may use the Licensed Material only on the number of devices permitted by the license terms set forth in the purchase agreement.
    4. School and/or District agrees that all terms of this Agreement also apply to any materials in print format (bound textbooks) that may be included with this license.
  2. Updates. Online (browser based) access will be available from the start date of the adoption cycle. The start date of the adoption cycle is established in the purchase agreement. Licenses for eBooks include continuing access to the most current version of each edition of the eBook available during the term of Subscriber’s license.
  3. Permitted Use Subscriber may: (i) use, browse, and search the Content; (ii) quote and excerpt from the Content by electronic cutting and pasting or other means into Subscriber’s work product created in the regular course of its work (“Work Product”); (iii) print and make copies of insubstantial portions of the Content (“Copied Content”) for distribution to students and/or third parties for educational purposes only.
  4. Limitations. Subscriber may not copy, download, print, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content, or any portion of the Content, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with PASCO’s prior written permission, or (iii) as permitted under the Fair use provision of the Copyright Act (17 U.S.C.A. § 107). Content shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement or as quoted in Subscriber’s Work Product. Except as otherwise permitted in this Agreement, Subscriber shall not sell, license, sublicense or distribute Content (including printouts) to third parties or use Content as a component of, or as a basis for, any material offered for sale, license or distribution. License code(s) shall be used only by the Subscriber; sharing of license code(s) is STRICTLY PROHIBITED.
  5. Rights in Content. Except for the license granted in this Agreement, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are, and will continue to be, the exclusive property of PASCO.

2. TECHNICAL REQUIREMENTS

Internet access is required to access the eBook online. PASCO recognizes that internet browser and LMS technologies may change due to technical advances, business considerations, and other factors. PASCO will work to ensure that the customer's content is available in future formats to the extent of what is within PASCO’s control. PASCO will not be responsible for technological changes, acts of God and other events outside its control that make it impossible for you to access your Licensed Materials temporarily or permanently.

3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

EBOOKS AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. PASCO SHALL HAVE NO LIABILITY WHATSOEVER TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO THIS AGREEMENT OR THEIR PERFORMANCE HEREUNDER, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR NEGLIGENCE. IN NO EVENT SHALL PASCO BE LIABLE TO SUBSCRIBER FOR ANY CLAIM(S) RELATING TO SUBSCRIBER'S INABILITY OR FAILURE TO PERFORM RELATED WORK NOR SHALL PASCO BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. GENERAL

Subscriber shall be responsible for all access to and use of eBooks by means of Subscriber’s equipment or Subscriber’s license code. This Agreement represents the entire agreement between PASCO and/or School/District and supersedes any prior Agreements, oral or written, and any other communication between us relating to the subject matter of this Agreement. This Agreement will be governed and construed as if wholly entered into and performed within the State of California. School/District acknowledges that they agree to be bound by its terms and conditions.