1. Definitions
“Software” shall mean the T-Eval software contained in this package and any subsequent versions or upgrades received as a result of having purchased this package.
“User” shall mean the original purchaser of the Software.
“ESS” shall mean Educator Software Solutions, LLC.
2. Copyrights
Copyright 2018 Educator Software Solutions, LLC. All Rights Reserved.
The T-Eval Software is Copyright 2018 Educator Software Solutions, LLC. All rights reserved. This Software may not, in whole or in any part, be copied, reproduced, transmitted, translated (into any language, natural or computer), stored in a retrieval system, reduced to any electronic medium or machine readable format, or by any other form or means without prior written consent from ESS.
User is granted a limited license to use this Software. The Software may be used only in accordance with the terms of that license, which is described in the following paragraphs.
3. License
ESS grants to User a non-exclusive, non-transferable license to use the Software on any computer. User may not grant access to the Software or accompanying documentation to others either for a fee or without charge.
User may not modify or translate the program or documentation. User may not disassemble the program or allow it to be disassembled into its source code.
User’s use of the Software indicates acceptance of these terms and conditions. If User does not agree to these conditions, User shall discontinue use of the site and apps and erase the Software from any and all storage devices upon which it may have been installed.
This license agreement shall be governed by the laws of the United States of America and the State of Tennessee and shall insure to the benefit of ESS or its assigns.
4. Support and Maintenance
In exchange for payment of the initial purchase price and annual maintenance fees by User, ESS shall provide technical support to User as set forth in Schedule A, as well as the following maintenance services:
- Notification of and access to ESS software patches and documentation released by ESS
- Notification of and access to updates and upgrades to the Software
The annual maintenance fee shall be due and payable on each anniversary of the initial purchase of the Software by User, unless User notifies ESS in writing sixty (60) days in advance of such anniversary that User desires to terminate maintenance and support.
If User terminates maintenance and support, ESS shall be under no obligation to resume providing such services under any circumstances.
5. Title
ESS and its suppliers retain ownership of all right, title, and interest in and to the Software, documentation, trademarks, patents, copyrights, and all other proprietary rights therein.
User shall acquire no rights except as expressly set forth in this Agreement. ESS shall own all rights, title, and interest in all developments of and enhancements to the Products.
6. Disclaimer / Limitation of Liability
User acknowledges that the Software may not be free from defects and may not satisfy all User needs. The Software and any accompanying written materials are licensed “as is.”
In no event will ESS be liable for direct, indirect, incidental, or consequential damages resulting from loss of use or anticipated profits resulting from any defect in the program, even if advised of the possibility of such damage.
This limitation shall apply to the maximum extent permitted by law.
All data and information provided on this site is for informational purposes only.
Educator Software Solutions, LLC makes no representations as to accuracy,
completeness, currentness, suitability, or validity of any information on this site
and will not be liable for any errors, omissions, delays, losses, injuries, or damages
arising from its display or use.
All information is provided on an “as-is” basis.
7. Term and Termination
This Agreement becomes effective upon purchase of the Software by User and remains in effect until terminated in accordance with this Section.
Either party may terminate this Agreement at any time by written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days.
Either party may also terminate this Agreement if the other party files bankruptcy, becomes insolvent, enters liquidation or receivership, or otherwise loses control over substantially all of its business.
Either party may terminate this Agreement for any reason upon ninety (90) days written notice to the other party.
All licenses and other rights granted herein shall become null and void upon termination of this Agreement.
8. Assignment
User shall not assign or otherwise transfer any rights or obligations under this Agreement without prior written consent of ESS.
Any prohibited assignment shall be null and void.
ESS may transfer its rights and obligations hereunder to any company or legal entity controlled by, controlling, or under common control with ESS.
9. Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous agreements, proposals, negotiations, conversations, or discussions between the parties.
The parties acknowledge that they have not been induced to enter into this Agreement by any representations or statements not expressly contained herein.
10. Severability
If any term of this Agreement conflicts with applicable law or becomes unenforceable, such term shall be deemed stricken from this Agreement without invalidating the remaining provisions.
This Agreement shall continue in force unless the invalid or unenforceable provision substantially affects or is inseparable from the remainder of the Agreement.