Eduware, Inc. (hereafter called “Eduware”) provides the “Services” WizardTM, Wizard Test Maker, TestWizard and ClickerSchool. Services include any associated subscription Services, consulting Services, or other Services supplied by Eduware herewith.
Use of Eduware Services are subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you. You can review the most current version of our TOS at any time through any of Eduware’s websites. Eduware may offer other Services from time to time, such as the EduStore™ that may be governed by different TOS. By accessing, browsing, and using any of Eduware’s Services, on a free trial, or paid subscriber basis, you are confirming the acceptance of these terms and agreeing to become bound by the terms of this agreement.
This agreement gives you an individual limited license to use Eduware’s websites. Eduware retains all right, title and interest, including all copyright and intellectual property. You agree that Eduware may audit your use of Services for compliance with these terms at any time, and that Eduware is not to provide you with any advance notice of such audit.
Eduware is an online provider of educational tools and Content. You may access Eduware’s Services using any computer device. Any new features added to current Services shall be subject to TOS. You understand and agree that the Service is provided “AS-IS” and that Eduware assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization setting.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You understand and agree that the Services may include advertisements that are necessary for Eduware to provide its Services. You also understand and agree that the Services may include certain communications from Eduware, including service announcements and administrative messages, and that these communications are considered part of your registration, and you will not be able to opt out of receiving them. You may opt out of communications through your personal email.
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being "Personal Information"), and (b) maintain and promptly update “My Account” to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Eduware has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Eduware has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof. To use the Services, you will need to register through the Service’s website and obtain an account with a username and password. The information you provide Eduware during the registration process will help us in offering Content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account username and password. Furthermore, you are responsible for all activities associated with your account. You must immediately notify Eduware of any unauthorized use of your account. Eduware cannot and will not be responsible for any loss or damage arising from your failure to comply with this section. You may not transfer your account to another person. You agree to (a) notify Eduware of any unauthorized use of passwords and user identifications and any other breach of security, and (b) ensure that you exit from account at the end of each session.
If it is believed that your account is being used by other users and Eduware has reasonable grounds to suspect this, then Eduware has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.
You acknowledge that Eduware websites and any underlying technology used in connection with the Eduware websites and Services, and all software, material, information, communications, text, graphics, links, electronic art, photos, and other data (collectively, the "Content") available within the Eduware websites are the intellectual property of Eduware, Inc. Except as expressly authorized by Eduware, in this TOS, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Eduware, Inc. in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server. You may download and print a reasonable number of copies of Content for noncommercial, personal or educational use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to Eduware and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by Eduware or the third-party provider on the Web page containing the applicable Content. You acknowledge that Eduware and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
User License/User Content
Eduware grants users a personal, non-transferable, non-exclusive revocable license to use Eduware’s Services. This limited license can be removed at any time for any reason. The user acknowledges that his or her license to use Content, product or Service is granted for the period of time purchased, after which time the license will expire automatically, with or without notice.
Any information uploaded or otherwise made available ("User Content") into Eduware’s Services including but not limited to data, text, software, photographs, graphics, illustrations, artwork, messages, names, logos, trademarks and other materials, are the sole responsibility of the person from which such User Content originated. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted Eduware the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content. You also permit any other user of Services to your restrictions as well as any restrictions of Eduware, to access, view, store, and reproduce the User Content to the same extent permitted herein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Eduware is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Eduware with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Eduware, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Eduware all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Eduware all of the license rights granted herein.
Eduware does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Eduware expressly disclaims any and all liability in connection with Content. Eduware does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Eduware will remove all Content if properly notified that such Content infringes on another's intellectual property or copyright rights. Eduware reserves the right to remove Content without prior notice.
Some links on the Eduware websites lead to sites posted by independent site owners. Because Eduware has no control over these sites, Eduware is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, Eduware shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any user or other content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Eduware and the linked sites. Eduware is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where Eduware would be responsible for the actions of their respective owners.
You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Eduware does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Eduware’s sole discretion as to what action should be taken. If Eduware determines, in its sole and absolute discretion, that any user is in violation of the TOS, Eduware, Inc. retains the right to terminate such user's account at any time without prior notice. You acknowledge that Eduware does not pre-screen User Content, but that Eduware shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content. Without limiting the foregoing, Eduware has the right to remove any User Content that violates the TOS or is otherwise objectionable. You agree and acknowledge that Eduware may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS, respond to claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of Eduware, its users and the public.
Disclaimer of Warranty
YOU AGREE THAT YOUR ACCESS TO THE EDUWARE WEBSITES, INCLUDING SERVICES, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER EDUWARE, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDUWARE, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. EDUWARE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL EDUWARE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF EDUWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS EDUWARE WEBSITES OR USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO EDUWARE'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES EDUWARE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF EDUWARE.
You agree to indemnify and hold Eduware, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the TOS.
Eduware, Inc., the Eduware logo, other Eduware corporation logos and product and service names and the TestWizard, WizardTM, Wizard Test Maker, ClickerSchool and EduStore are trademarks of Eduware, Inc. Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed are our registered and/or unregistered common law trademarks. Except as permitted by these TOS, any unauthorized use of Trademarks is prohibited.
Modifications to Service
Eduware reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Eduware Services and websites (or any part thereof) with or without notice. You agree that Eduware will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
You may discontinue your participation in and access to the Services at any time. The TOS will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that Eduware and its affiliates may terminate or block your use of all or part of the Services and Eduware websites without prior notice for any reason, including, without limitation, if Eduware, Inc. believes you have engaged in conduct prohibited by this TOS. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to the Eduware websites and use of the Services.
By accessing the Eduware, Inc. websites, you agree to the above stated TOS. This Agreement is entered into in the State of New York and shall be construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this TOS submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOS, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOS are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOS shall otherwise remain in full force and effect. This TOS and any posted guidelines or rules applicable to certain services within Test Wizard constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TOS to support@Eduware.com.