Updated: 29 November 2015

IMPORTANT – PLEASE READ CAREFULLY

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Non-Technical, Bullet Points (read full agreement below for greater detail):

·   You have the right to use the Teaching App application free of charge (but we hope you will purchase Teaching App Premium, for a small fee, if you enjoy it)

·   You will do your best not to harm the author of the application

·   The author will do their best not to harm you

·   You will not do anything illegal with this application and it is your responsibility to know if you are violating any of the laws of your country, city, etc.

·   The author cannot guarantee that this application will work on every computer and the application may fail to work properly from time to time

·   The author respects your privacy and will do their best not share your personal information

 

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Please note the following terms, which use some of the definitions set out in paragraph 1 below:

This Agreement: This Agreement, and any new versions, between John M. Andre (herein referred to as AUTHOR) and You, covers all Your use of Teaching App (herein referred to as AUTHOR Software) from any terminals where AUTHOR Software has been installed or executes, by You or by third parties. You can accept this Agreement by clicking on the Accept, Agree, or similar buttons or links as may be designated by AUTHOR.

Additional Terms: Your agreement with AUTHOR also includes the Additional Terms (as defined below). The Additional Terms include, but are not limited to, the terms and policies set out in paragraph seven below. In order to use the AUTHOR Services, You must accept the Additional Terms. You can accept the Additional Terms by (i) clicking to accept or agree where this option is made available to You, or (ii) by actually using the AUTHOR Services, in which case You acknowledge and agree that AUTHOR will treat such use as acceptance of the applicable terms. You acknowledge and agree that by accepting this Agreement and the Additional Terms you are entering into a legally binding contract, which collectively is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and this Agreement, then the Additional Terms shall take precedence in relation to the relevant AUTHOR Service. You should print off or save a copy of the Terms for your records.

Electronic Signature(s): You hereby agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the AUTHOR Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction’s Restrictions: If the law of Your country prohibits You from downloading or using AUTHOR Software because You are under the age limit or because the AUTHOR Services are not allowed in Your country, please don’t use it.

1. Definitions

1.1 The following terms and expressions shall have the following meanings:

Additional Terms: The terms and conditions and policies applicable to Your use of the AUTHOR Software and the AUTHOR Services, in addition to this Agreement.

Affiliate: Any corporation, company, or other entity that directly or indirectly controls, is controlled by, or is under common control with, AUTHOR. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

Agreement: This End User License Agreement, as may be renewed and/or amended from time to time.

Documentation: Any documentation provided by AUTHOR.

Effective Date: The date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the AUTHOR Software by You, whichever occurs earlier.

IP Rights: Means (i) patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright, and related rights, database rights, knowhow, and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions, and renewals in relation to any such rights.

AUTHOR: Refers to the person or company that created and provides software and services to be available.

AUTHOR Online Material: The tools and documentation made available for download from the AUTHOR’s website, as such may be changed from time to time by AUTHOR in its sole discretion.

AUTHOR Promotional Materials: Any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by AUTHOR for the promotion of its company, its products and activities, other than the AUTHOR’s Online Material.

AUTHOR Services: The AUTHOR’s website and any other products, applications, and services made available to You by AUTHOR or its Affiliates, in addition to the AUTHOR Software.

AUTHOR Software: The software distributed by AUTHOR, including without limitation the UI and Documentation, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.

AUTHOR Staff: The officers, directors, employees, and agents of AUTHOR or its Affiliates, or any other persons hired by AUTHOR or its Affiliates.

AUTHOR Website: Any and all elements, contents, and the ‘look and feel’ of the website available under the URL educators.johnmandre.com, among other URLs, from which website the AUTHOR Software can be downloaded.

Terms: Has the meaning given in the 'Additional Terms' preliminary term above.

UI: The user interface of the AUTHOR Software.

You: You, the end user of the AUTHOR Software, also used in the form “Your” where applicable.

1.2 References to the singular include the plural and vice versa, and references to one gender include the other genders.

1.3 Any phrase introduced by the expressions 'including,' 'include,' 'in particular' or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. License and Restrictions

2.1 License: Subject to the terms of this Agreement, AUTHOR hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the AUTHOR Software on Your computer (or other applicable device) for the sole purpose of personally using the education management applications provided by AUTHOR and any other applications that may be explicitly provided by AUTHOR. You are allowed to use the AUTHOR Software at university or any other educational institution, subject to paragraph 4.4 below and in accordance with this Agreement and any applicable Additional Terms. You are allowed to use the AUTHOR Software at work to make communications relating to Your business in accordance with this Agreement and any applicable Additional Terms (such as the Terms of Service referred to in paragraph seven below if You use the payable products and/or are a Member or an Administrator of a Business Control Panel).

2.2 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the AUTHOR Software or any part thereof.

2.3 No Modifications: You will not undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the AUTHOR Software or any part thereof except to the extent permitted by law.

2.4 Third Parties: The AUTHOR Software may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the AUTHOR Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the AUTHOR Software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with AUTHOR or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to AUTHOR or its Affiliates to enforce any of your rights.

2.5 Exclusive Ownership: Any and all IP Rights in the AUTHOR Software, the AUTHOR Website, the AUTHOR’s Online Material and the AUTHOR Promotional Materials are and shall remain the exclusive property of AUTHOR and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit, or interfere with AUTHOR’s IP Rights. Any unauthorized use of AUTHOR’s IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the AUTHOR Software, but may be accessed through use of the AUTHOR Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

2.6 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or AUTHOR ‘s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

2.7 AUTHOR Promotional Materials: Nothing in this Agreement will give You any right to use the AUTHOR Promotional Materials.

3. What You should and should not expect from AUTHOR

3.1 No Warranties: AUTHOR provides their best efforts to keep AUTHOR Software full functional but it is possible that the AUTHOR Software would stop working and you understand, and accept, this risk.

3.2 Utilization of Your Computer: AUTHOR Software may utilize the processor and other aspects of the computer (or other applicable device) You are utilizing, for the limited purpose of performing the functions of AUTHOR Software. AUTHOR will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication; however, AUTHOR cannot give any warranties in this respect.

3.3 New Versions of the AUTHOR Software: AUTHOR, in its sole discretion, reserves the right to add additional or remove existing features or functions, or to provide programming fixes, updates, and upgrades, to the AUTHOR Software. AUTHOR has no obligation to make available to You any subsequent versions of the AUTHOR Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the AUTHOR Software.

3.4 Suspension: AUTHOR may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the AUTHOR Software, and/or disable any AUTHOR Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at AUTHOR’s discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral, or illegal activities, or for other similar reasons.

4. What we expect from You

4.1 Lawful purposes: You will use the AUTHOR Software solely for lawful purposes. In this respect You may not, without limitation (a) expose any third party to material which is offensive, harmful to minors, indecent, or otherwise objectionable in any way; (b) use the AUTHOR Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (c) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.

4.2 Representations: You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will, at any and all times, meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the AUTHOR Software and/or the AUTHOR Services.

4.3 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD AUTHOR AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE AUTHOR SOFTWARE, OR (D) COMMUNICATION SPREAD BY MEANS OF THE AUTHOR SOFTWARE.

4.4 Utilization of Your Computer: If Your use of the AUTHOR Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your license to use the AUTHOR Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the AUTHOR Software, You have obtained such consent.

4.5 Export Restrictions: AUTHOR Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the AUTHOR Software as well as end-user, end-use, and destination restrictions issued by national governments. AUTHOR is making this software available to You for download only on the condition that You certify that the download is not in violation of any export control and sanctions regulations.

5. Term, Termination, Updates

5.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either AUTHOR or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant AUTHOR Service (as applicable), and will remain effective until terminated by either AUTHOR or You as set out below and/or in the applicable terms.

5.2 Termination: You may terminate the Terms with immediate effect at any time. Without limiting other remedies, AUTHOR may limit, suspend, or terminate this license and Your use of AUTHOR Software and AUTHOR Services, prohibit access to the AUTHOR Website and delete Your User Account and/or Username, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral, or illegal activities, or for other similar reasons. AUTHOR shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to Your User Account.

5.3 Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the AUTHOR Software and the AUTHOR Services shall immediately terminate; (b) You will immediately cease any and all use of the AUTHOR Software and AUTHOR Services; and (c) You will immediately remove the AUTHOR Software from all hard drives, networks and other storage media and destroy all copies of the AUTHOR Software in Your possession or under Your control.

5.4 New Versions: AUTHOR reserves the right to change this Agreement at any time by publishing the revised Agreement on the AUTHOR Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept (or other provided) button. Your express acceptance or Your continued use of the AUTHOR Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://educators.johnmandre.com/teaching-app/teaching-app-eula. AUTHOR reserves the right to change any of the Additional Terms from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the AUTHOR Website (unless You expressly accept the revised terms earlier by clicking on the accept button if this option is made available), or within the time frame set out in the applicable terms if different.

6. Disclaimer of Warranties and Limitation of Liability

6.1 No Warranties: THE AUTHOR SOFTWARE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER; AUTHOR DOES NOT, EITHER EXPRESSED, IMPLIED, OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS, OR REPRESENTATIONS WITH RESPECT TO THE AUTHOR SOFTWARE AND AUTHOR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. AUTHOR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE AUTHOR SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AUTHOR WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF COMMUNICATION MADE THROUGH THE AUTHOR SOFTWARE.

6.2 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the AUTHOR Software remains with You, to the maximum extent permitted by law.

6.3 Limited Liability: YOU ACKNOWLEDGE AND AGREE THAT AUTHOR, ITS AFFILIATES, ITS LICENSORS AND THE AUTHOR STAFF WILL HAVE AS MAXIMIUM LIABILITY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE AUTHOR SOFTWARE, AS SET FORTH BELOW, NO MORE THAN YOUR TOTAL PURCHASE PRICE. IF YOU HAVE NOT PAID FOR THE AUTHOR SOFTWARE, THE AUTHOR HAS NO LIABILITY IN ANY WAY. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE AUTHOR SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH AUTHOR SOFTWARE.

6.4 Further Limitation of Liability: IN NO EVENT SHALL AUTHOR, ITS AFFILIATES, ITS LICENSORS, OR THE AUTHOR STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER FORM OF LIABILITY, FOR:

6.4.1 ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE AUTHOR SOFTWARE;

6.4.2 ANY LOSS OF INCOME, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE AUTHOR SOFTWARE;

6.4.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;

(I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE AUTHOR SOFTWARE;

(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY AUTHOR FOR ANY REASON;

(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE AUTHOR SOFTWARE TO YOU.

6.5 THE LIMITATIONS ON AUTHOR’S LIABILITY TO YOU IN PARAGRAPH 6.4 ABOVE SHALL APPLY WHETHER OR NOT AUTHOR, ITS AFFILIATES OR THE AUTHOR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

6.6 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF AUTHOR FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AUTHOR, THE AUTHOR STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

6.7 Jurisdiction’s Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.

7. Additional Terms

7.1 In addition to this Agreement, You have to comply with the following Additional Terms when receiving the AUTHOR Software and using the AUTHOR Services. We expect You to read these Additional Terms carefully, all of which are made part of this Agreement:

• Distribution of AUTHOR Software. You are not allowed to distribute the AUTHOR Software or any part thereof, in any way, without the prior, express, written consent of AUTHOR.

• AUTHOR Online Material. You are not allowed to use the AUTHOR Online Material  without the prior, express, written consent of AUTHOR.

7.2 Any other exceptions: If You are interested in doing anything which is not permitted under this Agreement or by one of the above Additional Terms, You will have to obtain AUTHOR’s prior written consent and explicitly agree upon any further terms.

7.3 Your Confidential Information and Your Privacy: AUTHOR is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy available at http://educators.johnmandre.com/teaching-app/teaching-app-privacy sets out how AUTHOR may use Your personal data, the traffic data and the content contained in Your communication(s). If You object to Your information being used in the way set out in the Privacy Policy then please do not use the AUTHOR Services.

8. Miscellaneous

8.1 Entire Agreement: The terms and conditions of the Terms constitute the entire agreement between You and AUTHOR with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or AUTHOR arising out of fraud or fraudulent misrepresentation.

8.2 Partial Invalidity: If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid, or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.

8.3 No waiver: The failure to exercise, or delay in exercising, a right, power, or remedy provided by the Terms or by law shall not constitute a waiver of that right, power, or remedy. If AUTHOR waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

8.4 Assignment: You are not allowed to assign the Terms or any rights hereunder. AUTHOR is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.

8.5 Applicable Law and Competent Court: The Terms shall be governed by and interpreted in accordance with the laws of Switzerland and shall be subject to the jurisdiction of the courts of Switzerland.

8.6 Language: The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

8.7 Survival: The terms of paragraphs 2.5, 5 and 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE AGREE OR ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE AUTHOR SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO AUTHOR THE RIGHTS SET FORTH HEREIN.