|Class Mate Website Terms and Conditions|
Welcome to Class Mate Gradebook
These terms and conditions outline the rules and regulations for the use of Class Mate Gradebook's Website.
By accessing this website we assume you accept these terms and conditions in full.
You must not: Republish material from http://www.classmategradiung.com Sell, rent or sub-license material from http://www.classmategradiung.com Reproduce, duplicate or copy material from http://www.classmategradiung.com Redistribute content from Class Mate Gradebook (unless content is specifically made for redistribution). Reservation of Rights We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Content Liability: We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Pricavy: We do not collect or share any information about visitors on our website. No registration or membership is required to download our free demo software.
Disclaimer: To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Software License Agreement
Our software, both the free demo version and the purchased version, are governed by the license agreement below.
The software is provided to you "AS IS," by Class Mate Software (the "Company") subject to the terms and conditions of this License Agreement (the "Agreement"). Please read this Agreement in full before using the Software.
1. Limited License: Subject to the terms and conditions of this Agreement, Class Mate Software grants you a limited, non-exclusive license to use the Software.
2. Restrictions on Use: You may not modify, reverse engineer, decompile or disassemble the Software or in any way ascertain, decipher, or obtain the software code. You may not adapt, alter, modify, translate, or create derivative works of the Software without the express written authorization of Class Mate Software.
You further agree to abide by all laws and regulations in effect regarding your use of the Software and agree to indemnify Class Mate Software, its officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph.
3. Additional Terms: You acknowledge that there may be features or additional services made available by the Software such as, but not limited to, the ability to send e-mails. If you choose to utilize such features or services, you agree to be bound by any additional terms and conditions governing the use of such features or services.
4. Your Representations: You represent and warrant that you have the adequate legal capacity to enter into this Agreement. You further represent and warrant that you will use the Software only for lawful purposes and in accordance with this Agreement, and that you will not use the Software to violate any law, regulation or ordinance or any right of Class Mate Software or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark.
5. Termination: Should you breach this Agreement, your right to use the Software shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Software. In the event of any termination of this Agreement, the restrictions on your use of the Software as set forth in Paragraph 2 ("Restrictions on Use") shall survive such termination, and you agree to be bound by those terms.
8. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE IS (A) FREE OF DEFECTS OR ERRORS, (C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E) MERCHANTABLE, OR (F) FIT FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO USE OF THE SOFTWARE.
6. Limitation of Liability: NEITHER CLASS MATE SOFTWARE, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANIES’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. No Trademark License: No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of Class Mate Software.
8. Injunctive Relief: You acknowledge that the Software contains the Companies proprietary and confidential information, and that disclosure of such information or misuse of the Software will give rise to irreparable injury to the Company, inadequately compensable in damages. Accordingly, Class Mate Software may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.
9. Construction: If any part of the Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect. The laws of the state of Texas, excluding its conflicts-of-law rules, govern this Agreement, and you expressly agree that jurisdiction for any claim or dispute arising from the use of the Software resides in the federal and state courts of the state of Texas.