Before you use any of Responsive Learning Technologies' (RLT) license(s) and material you need to understand and agree to this Online License Agreement (the "Agreement") that governs the use of both the license and the materials retrieved from the company’s Site(s). If you do not accept these terms, do not click Submit to complete your registration. By accepting the Agreement and using the RLT service, you agree to be bound by these Terms and Conditions. Please print a copy of the Agreement and keep it in your files.
You must be 18 years of age or older to enter into this Agreement.
a.) When you purchase an access code from RLT, you are granted a non-exclusive, non- transferable license to access RLT's online software. You do not acquire any ownership interest or rights in the Software and associated materials or in any portion of the Software or materials. This license is granted to you by Responsive Learning Technologies, Inc. All ownership interests, rights, and its contents belong to RLT and its licensors.
b.) This license is granted to you solely for your personal use. All other use of the license is strictly prohibited. You may not publish, broadcast or sell any materials retrieved through the Site(s) or use the materials in any manner that will infringe the copyright or other proprietary right of RLT or its licensors.
c.) You may print copies of materials retrieved through the Site(s) only for your personal use. However, you may not e-mail or otherwise provide copies of materials retrieved from the Site(s) to others. All reproduction and distribution of any printouts, and all downloading and electronic storage of materials retrieved through the Site(s) is subject to the Copyright Act of 1976, Title 17 U.S.C. and other applicable intellectual property laws.
d.) You agree to additional restrictions on your use of the materials retrieved through the Site(s) that are displayed on the materials.
e.) The license may only be used through the expiration date for that license listed on the Site(s).
If you are purchasing a license to access the Software directly from RLT, you authorize RLT to charge your credit card or accept payment from the designated check processing service in the amount of fees corresponding to the license you acquire. Payments for licenses are non-refundable.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by RLT, one of its affiliates or by third parties who have licensed their materials to RLT and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of RLT and is also protected by U.S. and international copyright laws. RLT and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of RLT or any third party's intellectual property rights. No title or license right is granted to you except as expressly set forth in this Agreement.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
RLT warrants that it has all rights necessary to enter into this Agreement and to provide the License to you. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THE LICENSE AND SOFTWARE ACCESS (if any) PROVIDED BY RLT TO YOU ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER RLT NOR ANY PROVIDER IN THE AGREEMENT WARRANTS THE USE OF THE LICENSE OR THE SOFTWARE ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKES ANY WARRANTY AS TO THE AVAILABILITY OF THE SERVICE OR AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THE RESULTS OF YOUR USE OF THE LICENSE, THE SOFTWARE ACCESS OR THE INFORMATION, EVEN IF ASSISTED BY RLT.
THE MAXIMUM LIABILITY OF RLT AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE SERVICE, FOR DIRECT DAMAGES, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY RLT FROM YOU HERE UNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL RLT OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES RELATED TO THE USE OF THE SERVICE OR RLT'S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER RLT OR ITS LICENSORS ARE NEGLIGENT.
a.) Assignment. You may not assign this Agreement or any right granted to you under this agreement.
b.) Entire Agreement. This Agreement constitutes the entire agreement between you and RLT with respect to your use of the Site.
c.) Governing Law. The Agreement shall be construed according to the laws of the State of California, without application of its conflict of laws provisions. You agree to exclusive jurisdiction of courts situated in the State of California.
d.) Effective Date. This Agreement shall be effective as of the first date on which you create an account.
e.) The Terms and Conditions were last updated on May 22, 2009.