TERMS OF SERVICE |
The following Terms of Service dated as of April 2, 2002, govern use by registered Users of the Internet version of the Precalculus Algebra TI-83 Graphing Calculator Tutorial Version 1.2 or the Precalculus Trigonometry TI-83 Graphing Calculator Tutorial Version 1.0 (“The Product”), licensed by the User’s institution (“Licensee”). Please read these terms before accessing The Product, as you need to agree to these Terms of Service before you can access The Product as a User. The rights licensed to you under this Agreement by the Publisher of The Product, Turner Educational Publishing (“Turner”), cannot be transferred, loaned, resold, or rented to anyone else. |
| I. Copyright: The entire contents of The Product are protected by
copyright. As a User, you have certain rights set forth below; all other rights are reserved to
the Publisher. |
| II. Minimum System Requirements: The minimum system requirements for
this version are an installed web browser equivalent to or surpassing Internet Explorer Version
5.5. |
III. Rules of Use: |
| A. To make the Product useful, the following rules apply to all Users: (i) You will have access to the content of The Product, subject to your instructor’s course configuration. (ii) You may download, view, copy, and save material from The Product to hard disk or diskette, and store and print out single copies of individual items for your own personal and non-commercial use, scholarly, educational, or scientific research or study. |
| B. Except as provided in Paragraph A above, you may not copy,
distribute, transmit, or otherwise reproduce material from The Product, or systematically store
such material in any form or media in a retrieval system; or store content from The Product in
electronic format in electronic reading rooms or print out multiple copies for inclusion in
course packs; or transmit any material from The Product, directly or indirectly, for use in any
paid service such as document delivery or list serve, or for use by any information brokerage or
for systematic distribution of material, whether or not to another User and whether for
commercial or non-profit use or for a fee or free of charge.
In order to protect the integrity and attribution of the materials in The Product, you agree not to remove or modify any copyright or proprietary notices, author attribution or disclaimer contained in the material or on any screen display, and not to integrate material from The Product with other material or otherwise create derivative works in any medium based on or including materials from The Product. This is not meant to prohibit quotations for purposes of comment, criticism, or similar scholarly purposes. Further, you agree not to make any changes to the file content, tutorial code, and/or graphics contained in The Product without express written authorization from Turner. Finally, you may not do anything to restrict or inhibit any other User’s
access to or use of The Product. |
| C. If you refuse or fail to abide by these rules or violate any other
terms or conditions of this Agreement, Turner reserves the right in its sole discretion to
suspend or terminate your access to The Product immediately without notice, in addition to any
other available remedies. |
| IV. Additional Terms: Turner is not responsible for any charges
associated with accessing The Product, including any computer equipment, telephone lines, or
access software. Turner may modify any of the terms of this Agreement at any time by providing
notice in The Product, or via your institution’s network administrator. A copy of the current
User Agreement is also available on the Turner website at www.TItutorials.com/license/useragreement.htm.
Your continued use of The Product shall be conclusively deemed acceptance of such modification.
The Product may provide links to third party websites and integrate third
party content. Where such links exist, Turner disclaims all responsibility and liability for the
content of such third party websites. Users assume the sole responsibility for the accessing of
third party websites and the use of any content appearing on such websites. The Product may
contain third party software. Where such software is included, Turner and/or Licensee disclaim
all responsibility and liability for the use and performance of such third party software. |
| V. Warranty Limitations: (i) THE PRODUCT AND ALL CONTENT CONTAINED
THEREIN IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THE USE OF THE PRODUCT AND ALL CONTENT
CONTAINED THEREIN IS AT THE USER’S OWN RISK; (iii) ACCESS TO THE PRODUCT MAY BE INTERRUPTED
AND MAY NOT BE ERROR FREE; AND (iv) NEITHER TURNER NOR ANYONE ELSE INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE PRODUCT OR THE CONTENT THEREIN SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USER’S
USE OF OR INABILITY TO ACCESS THE LAN, OR TO USE THE PRODUCT AND ANY CONTENT THEREIN. (v)
LICENSEE AND USER RECOGNIZES THAT THE PRODUCT ARE TO BE USED ONLY IN ACCORDANCE WITH THE TERMS
OF THIS AGREEMENT AND FOR NO OTHER PURPOSE. |
| This Agreement is entered into in the State of California and shall be
governed by and construed in accordance with the laws of the State of California, exclusive of
its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of
the state court of the County of San Luis Obispo in the State of California, and waives any
jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce
this Agreement, the prevailing party will be entitled to costs and attorneys fees. In the event
that any of the provisions of this Agreement are held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in full force and effect. |
| This Agreement constitutes the entire agreement between the parties hereto
pertaining to the subject matter hereof, and any and all written or oral agreements heretofore
existing between the parties hereto are expressly canceled. Turner may modify the terms of this
Agreement by posting notice of such modification on a page of the Site entitled Legal Notices
or Legal Information (or similar title) before the modification takes place. |
Copyright © 2003 Turner Educational Publishing