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EULA

END USER LiCENSING AGREEMENT

For the learning.aeak12online.org website

  1. These terms of service ("Terms") will constitute a legal and binding agreement between you ("User"), and the Owner ("Owner"). By accepting these Terms, you will be permitted to access the learning.aeak12online.org website ("Website") and content hosted on the Website ("Content)(together referred to as the "Service"). Your use of the Service signifies your acceptance of these Terms. If you do not agree with these Terms, do not use the Service. These Terms supplement the Subscription Agreement ("Subscription Agreement") executed by you or on your behalf by an educational institutional with which you are affiliated. If you have not executed such a Subscription Agreement or you are not the beneficiary of such a Subscription Agreement, you may not use the Service. To the extent of any conflict between the Subscription Agreement and these Terms, these Terms shall control.
  2. Terms of Service. Subject to the terms and conditions of the Subscription Agreement, Owner grants to User a personal, limited, non-exclusive, non-transferable and terminable license to use the Service purchased under the Subscription Agreement solely for User's personal edification.
  3. User Provided Hardware and Software. User must have or must obtain computer hardware and software (e.g. a browser) that will access and display Web-based content. User is responsible for maintenance, upkeep and upgrades to the hardware and software. User must also have or obtain access to the Internet and provide all equipment necessary to make such and maintain such connection to the Internet. A high speed Internet connection may be required for proper performance of the Service.
  4. Accuracy of User's Contact Information. User shall provide accurate, current and complete contact information including name, address, email address, phone number, education institution affiliation, and state licensing authority, and maintain and promptly update this information if it should change.
  5. Passwords, Access, and Notification. User will be required to select a user name and password to establish an account on the Service. User is prohibited from sharing their user name, password, and/or account with any other person to access the Service. User will be responsible for the confidentiality and use of User's user name, password, and account. User will also be responsible for all information entered electronically through the Service or under User's account. Any electronic information that Owner receives via User's account will be deemed to have been provided by User. User agrees to immediately notify Owner if User becomes aware of any loss or theft or unauthorized use of any of User's user name, password, and/or account.
  6. User shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Service, including without limitation those related to privacy, electronic communications, and anti-spam legislation. User shall not send any electronic communications from the Service that are unlawful, harassing, libelous, defamatory, or threatening.
  7. Except as expressly permitted by this Agreement, no part of the Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. User shall not access the Service by any means other than through the interfaces that are provided by Owner. User shall not license, rent, sell, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit or make the Service available to any third party. User shall not mirror or frame any part of the Service, or create links to the Service which include log-in information, user names, passwords, and/or secure cookies. User shall not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (including but not limited to rights of publicity and privacy) without first obtaining the permission of the owner of such rights. User will not in any way express or imply that any opinions contained in User's electronic communications are endorsed by Owner. User shall use the Service to target for solicitation any Subscriber or other User for purposes of providing any product or service.
  8. Links/Third-Party Data. The Service may provide, or third parties may provide, links to other websites or resources. Because Owner has no control over such websites and resources, Owner is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. In addition, Owner is not responsible for any third-party information that may be provided to User through the Service.
  9. Owner's Trademarks. User agrees not to display or use any trademark owned by Owner, or any confusing similar trademark, in any manner without Owner's written consent.
  10. Information Collection and Use.
    1. In order to provide the Service, Owner may request and collect personally identifiable information ("PII") from the User. User is free to decline to provide any or all such information; however, failure provided the requested information may degrade the usefulness of the Service to the User. Owner shall not be liable to User or third party for any consequences that result from degradation in the Service because of User's failure to provide the requested information.
    2. PII means information provided by User to Owner that includes combinations of any two of the following: 1) first name or initial and last name; 2) physical address; 3) e-mail address; 4) telephone number, 5) social security number; 6) credit card number; 7) bank account number; 8) professional license identifier; 9) mother's maiden name; and 10) birth date.
    3. Owner shall: (a) keep confidential all PII disclosed to it by User; (b) not use PII except to the extent necessary to perform its obligations or exercise rights under this Agreement; and (c) protect the confidentiality of the PII using industry standard methods, but at all times exercising at least a reasonable degree of care in the protection of PII.
    4. If the User is also the Subscriber, User shall need to pay the Subscription Fee. Owner may utilize a third party payment processor in order to collect the Subscription Fee.
    5. Nothing in this Agreement shall prohibit Owner from disclosing PII to the extent that such disclosure is: (a) to the educational institution to which the User is affiliated; (b) a third party to designated by the User to receive such information; (c) permitted by law; or (d) ordered by a court or other governmental authority or regulation.
    6. All information collected on the use of the Service, not including PII, is other customer data. Other customer data shall only be shared with third parties in aggregated or anonymized forms.
  11. Ownership of User Data. It is Owner's practice to make back up copies of the Service including PII and other customer data. User grants Owner a license to PII for the limited purpose and to the extent necessary to perform Owner's obligations or exercise rights under Subscription Agreement and these Terms. Owner agrees that, as between User and Owner, PII shall at all times be the property of User and that other customer data shall at all times be the property of Owner.
  12. Ownership of Intellectual Property. Owner shall own all rights, title and interest in and to all intellectual property rights in the Service. The license granted to User does not convey any ownership rights in the Service, express or implied, or ownership in the Service or any intellectual property rights thereto. Any rights not expressly granted herein are reserved by Owner.
  13. Disclaimer of Warranties. OWNER DOES NOT GRANT ANY WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SERVICE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OWNER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, ACCURACY OF DATA, NON-INTERFERENCE, AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT REPRESENT THAT USER'S USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICE WILL MEET USER'S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED OR THAT THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR USER'S PURPOSES.
  14. Limitations of Liability. OWNER SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOST BUSINESS INFORMATION OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF OWNER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OWNER'S CUMULATIVE LIABILITY TO USER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND SHALL NOT EXCEED THE FEES ACTUALLY PAID BY USER DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE DISCLAIMER OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS MAY NOT BE PERMITTED IN CERTAIN JURISDICTIONS. IN SUCH CASE, COMPANY'S AND OWNER'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
  15. The parties acknowledge that the limitations set forth in this Section are integral to the amount of fees charged in for access to the Service and that, were Owner to assume any further liability other than as set forth herein, such fees would of necessity be set substantially higher.
  16. Suspension/Termination.
    1. Suspension For Delinquent Account. Owner reserves the right to suspend User's access to and/or use of the Service for any accounts for which any payment is due but unpaid. Owner shall not be liable to User or other third party for any consequences that result from suspension of the Service because of User's nonpayment.
    2. Suspension for Ongoing Harm. Owner may, with reasonably contemporaneous notice to User, suspend User's access to the Service if Owner reasonably concludes that User is using the Service to engage in activities prohibited by the Subscriber Agreement or these Terms including if the User is using the Service to launch denial of service attacks, spamming, or using the Service to engage in illegal activity, and/or User's use of the Service is causing immediate, material and ongoing harm to Owner or others. If Owner suspends User's access to the Service, Owner will use commercially reasonable efforts to resolve the issues causing the suspension of Service. Owner shall not be liable to User nor to any third party for any suspension of the Service under such circumstances.
  17. Modification to or Discontinuation of the Service. Owner reserves the right at any time to modify, temporarily or permanently, the Service (or any part thereof). In the event that Owner modifies the Service in a manner which removes or disables a feature or functionality on which User materially relies, User shall have the right to terminate the Agreement. User acknowledges that Owner reserves the right to discontinue offering the Service at the conclusion of User's then current term. User agrees that Owner shall not be liable to User or to any third party for any modification of the Service.
  18. Electronic Signatures. Each party agrees that the electronic signatures of the parties are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email signatures.
  19. Governing Law. These Terms and your use of the Service shall be governed by the laws of the State of Iowa, excluding choice of law principles. The parties agree that courts located in the State of Iowa shall be the proper venue and shall have jurisdiction over all disputes arising under this Agreement. Notwithstanding the above, Owner may sue in any court for infringement of its proprietary or intellectual property rights.
  20. Modification to the Terms. These Terms may be amended by Owner in its discretion by providing thirty (30) days advance notice to the User: (a) as a note on the screen presented immediately after completion of the log in authentication credentials at the log in screen, or (b) by email to the email address provided the User's account.
  21. Assignment. Owner may assign its rights and obligations under this Agreement at any time. User may not assign its rights and obligation under this Agreement without Owner written consent.

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Student Personalized Learning System designed and developed by Marv Howard, Ph.D., and overseen by Evan Abbey for the Area Education Agencies of Iowa.