EDUCATOR SOFTWARE SOLUTIONS, LLC
"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,
Copyright 2006 Educator Software Solutions, LLC. All Rights Reserved.
The T-Eval Software is Copyright 2006 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 consent, in writing, 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.
ESS grants to User a perpetual, non-exclusive, non-transferable license to use the
Software on any computer. User may not grant access to the Software or the
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 continuant source code. User's
use of the Software indicates his/her 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.
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: (i) notification
of and access to ESS software patches and documentation released by ESS; and (ii)
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 to User
under any circumstances.
ESS and its
suppliers retain the ownership of all right, title and interest in and to the Software,
documentation, trademarks, and all patents, copyrights and other proprietary rights
therein, and User shall acquire no rights therein 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 of User's 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 damage or
damages resulting from loss of use, or loss of anticipated
profits resulting from any defect in the program,
even if it has been 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 & will not be liable for any errors, omissions, or delays in this
information or any 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 will become effective upon purchase
of the Software by User and will remain in effect until terminated in accordance
with this Section.
hereto may terminate this Agreement at any time by giving notice in writing to the
other party, which notice shall be effective upon receipt, should the other party
be in material breach of this Agreement and fail to cure such breach within thirty
(30) days of written notice thereof, file a petition of any type as to its bankruptcy,
be declared bankrupt, become insolvent, make an assignment for the benefit of creditors,
or go into liquidation or receivership or otherwise lose control over all or substantially
all of its business.
may terminate this Agreement for any reason only upon 90-day written notice to the
All licenses and other rights granted herein shall
become null and void upon the termination of this Agreement.
User shall not
assign or otherwise transfer any of its rights or obligations under this Agreement
without the 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 other legal entity that is controlled by, controls or is under common control
9. Entire Agreement.
constitutes the entire agreement of the parties with respect to the subject matter
hereof, and supersedes all previous agreements by and between the parties as well
as all proposals, oral or written and all negotiations, conversations or discussions
heretofore had between the parties related to the subject matter of this agreement. The parties acknowledge that they have
not been induced to enter into this agreement by any representations or statements,
oral or written, not expressly contained herein.
In the event
that any of the terms of this Agreement are in conflict with any applicable rule
of law or statutory provision or otherwise unenforceable under applicable laws or
regulations of any government or subdivision thereof, such terms shall be deemed
stricken from this Agreement, but such invalidity or unenforceability shall not
invalidate any of the other terms of this Agreement and this Agreement shall continue
in force, unless the invalidity or unenforceability of any such provisions hereof
does substantial violence to, or where the invalid or unenforceable provisions comprise
an integral part of, or are otherwise inseparable from, the remainder of this Agreement.