PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE PRO-ED SOFTWARE.
BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, CLICK THE “CANCEL” BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
END USER LICENSE AGREEMENT
This End User License Agreement (“License” or “License Agreement”) is a legal agreement between PRO-ED (“Developer”) and you and your organization (collectively “you” or “your”) and applies to your use of the software and all related documentation for the product specified on Schedule “A’ (the “Software”)
Developer’s licensors refers to any third parties licensing all or any portion of such Software to Developer. This License is specifically intended for the benefit of Developer and any Developer licensors.
- License Grant. Developer grants you a non-exclusive, limited, non-sublicenseable, non-transferable, worldwide, license to use the Software subject to the restrictions set forth below. No rights to the use of any Developer, or its licensors’, names, logos or trademarks are conveyed by this License. This License Agreement is not for the sale of Software or any other intellectual property. You may not further redistribute, sublicense, rent, loan or lease the Software to a third party. All rights, title and interest, and all intellectual property rights in and to the Software is retained and owned by Developer or its licensors. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right.
- Copyright. The Software is owned by Developer, its licensors or its suppliers and protected by copyright laws and international treaties. You may not copy the Software other than as expressly provided in this License. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Software, or use any part of the Software for any use other than that for which it was supplied by Developer, unless specifically authorized by Developer. You may not: (i) modify, adapt, alter, translate, or create derivative works from the Software; (ii) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law; (iii) perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by PRO-ED’s other licensees or customers, or impose an unreasonable or disproportionately large load on PRO-ED’s infrastructure; or (iv) otherwise use the Software except as expressly allowed under this Section. This Agreement does not grant you any rights to trademarks and service marks of PRO-ED.
- Term. This License shall remain effective for the number of uses, user seats and/or for the subscription period as specified in Schedule A for the corresponding product number(s) you purchased as evidenced by on your invoice and the books and records of PRO-ED. You may terminate this License at any time by contacting PRO-ED at email address listed on Schedule “A” and indicating your desire to terminate the license in addition to deleting or otherwise destroying any manuals, software or desktop icons, if any, you may have downloaded as part of the Software. No refund shall be given to you in the event that you terminate the Software prior to its scheduled term once you have activated the Software. This License will also automatically terminate if you fail to comply with any term or condition of this License or fail to pay your license fee. You agree that Developer also may, at its sole discretion, temporarily or permanently terminate the License for any reason with prior notice to you, provided however, this license may be terminated without warning by Developer in the event of nonpayment by you or your breach of any provision of this License Provisions which, by their nature, should remain in effect beyond termination of this License Agreement shall survive.
- License Access Information and Account Data. You are solely responsible for (i) maintaining the confidentiality and security of your login information, and any other security or access information, used by you to access the Software (collectively, “Licensee Access Information”), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Software (collectively, “Account Data”). You are responsible for providing access and assigning passwords to other users under your account for the Software, and ensuring that such authorized users comply with this Agreement. PRO-ED assumes that any Communications it receives through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify PRO-ED in writing at email address listed on Schedule “A” if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. PRO-ED reserves the right to deny you access to the Software (or any part thereof) if PRO-ED reasonably believes that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform PRO-ED of, and hereby grant to PRO-ED permission to use Licensee Access Information to enable PRO-ED to provide the Services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services PRO-ED may provide to you in the future. You also grant PRO-ED permission to combine your Account Data with that of others in a way that does not identify you or any individual personally, to improve services.
- Software Use, Storage and Access. PRO-ED shall have the right, in its sole discretion and with reasonable notice posted on the Software site and/or sent to your email address provided in the Registration Data, to revise, update, or otherwise modify the Software and establish or change limits concerning use of the Software, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Software at any time, and (ii) the number of times (and the maximum duration for which) you may access the Software in a given period of time. PRO-ED reserves the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Software and Services to which such changes relate. Your continued use of the Software will constitute Licensee’s acceptance of and agreement to such changes. For details about our refund policy, please contact PRO-ED Customer Service at 800-897-3202. PRO-ED may, from time to time, perform maintenance upon the Software resulting in interrupted service, delays or errors in the Software. PRO-ED will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
- Software Services. You may be made aware of or offered services, features, products, applications, online communities, offers and promotions provided by PRO-ED (“Online Services”). If you decide to use the Online Services, you may be subject to additional terms and conditions governing these Online Services. You may be offered new Online Services or Software that may be in beta and are not final. As a result, the Software and/or Online Service may contain errors, “bugs” and other problems which may result in the failure of such Software and/or Online Service. You agree that PRO-ED may contact you in order to assist you with the service and to obtain information needed to determine and fix any error.
PRO-ED contracts with a HIPAA compliant cloud vendor to store all Submitted Data.
- PRO-ED’s Use of Submitted Data and Feedback. PRO-ED may, from time to time modify and otherwise anonymize Submitted Data so that it constitutes De-Identified Information, as that term is defined in FERPA and HIPAA. PRO-ED will only use De-Identified Information for lawful purposes including, but not limited to, quality assurance, research, and test development. PRO-ED may De-Identify information to develop, evaluate, and provide improved educational Products and Services, as permitted by HIPAA and FERPA. PRO-ED will not re-identify De-Identified information.
- Consent to Conduct Business Electronically (“Consent”).
- Consent to Electronic Communications. PRO-ED may be required by law to send “Communications” to you that may pertain to the Software, the use of information you may submit to PRO-ED, Inc., and the services you choose. Additionally, certain of the third party services you choose may require Communications with the third parties who administer these programs. You agree that PRO-ED on behalf of itself, and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites. You consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Software and the Online Services and third party services.
- Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Software for as long as you remain a licensee to the Software.
- Hardware and Software Requirements. In order to access and retain an electronic record of Communications, you will need the following: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, and an e-mail address. By purchasing a license for this software, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
- Withdrawal of Consent. If you later decide that you do not want to receive future Communications electronically, write to us at the email address listed on Schedule “A.” If you withdraw your consent to receive Communications electronically, we may terminate your use of the Software.
- Changes to Your Email Address. You agree to notify us promptly of any change in your email address. You can do so by contacting the email address listed on Schedule “A.” You may print any Electronic Communications by using the web browser’s print function.
- Amendment. PRO-ED shall have the right to change or add to the terms of its License Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Software (including but not limited to Internet based services, pricing, technical support options, and other product-related policies) upon notice by any means PRO-ED determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any PRO-ED sponsored web site. Any use of the Software by Licensee after PRO-ED’s publication of any such changes shall constitute your acceptance of this Agreement as modified.
- Compliance with Laws. You agree to comply with all applicable laws in connection with the use of the Software.
- Your Representations and Warranties. You represent and warrant that you possess the legal right and ability to agree to this License Agreement on behalf of you and your organization (including any other users of the Software within your organization).
- Indemnification. You agree that you will defend, indemnify and hold Developer harmless against any claim arising out of or related to your (a) breach or alleged breach of this License Agreement; (b) gross negligence; or (c) willful misconduct.
- DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PRO-ED DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRO-ED OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCE WILL PRO-ED, ITS AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF, OR RELIANCE ON, THE SOFTWARE TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEVELOPER, ITS AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION THAT RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Governing Law. This License Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas. Any legal suit, action or proceeding arising out of or related to this License Agreement or the Software provided hereunder shall be instituted exclusively in the state or federal courts of the United States located in Austin, Texas, and each party irrevocably submits to the personal jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail or hand deliver to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
- Export Law Assurances. You may not use or otherwise export or re-export the Software except as authorized by United States law and 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 (or to a national or resident of) any U.S. embargoed countries (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
- Miscellaneous. 1. Each provision of this License Agreement is severable. If a provision is found to be unenforceable, this finding does not affect the enforceability of the remaining provisions, terms, or conditions of this License Agreement. This License Agreement is binding on successors and assigns. Developer will not be responsible for any non-performance or delay attributable in whole or in part to any cause beyond its reasonable control. Any failure of PRO-ED to enforce or delay in enforcing any right or remedy under the terms of this License Agreement shall not be deemed a continuing waiver or a modification thereof. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. You acknowledge that you have read this License Agreement, that you understand it, that you agree to be bound by its terms, and that the foregoing is the complete and exclusive statement of the License Agreement.
Product: An Advanced Review of Speech-Language Pathology, 5th Edition
#14800 Advanced Review of Speech-Language Pathology, 5th Edition Text + Online Practice
#14801 Advanced Review of Speech-Language Pathology, 5th Edition E-book + Online Practice
Use is limited to the original purchaser of the textbook or e-book.
Email Contact: firstname.lastname@example.org