KAZ Online License Agreement

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ONLINE SUBSCRIPTION SOFTWARE LICENSE AGREEMENT – KAZ Typing Tutor Software

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE (PRODUCT).

GOTHAM NEW MEDIA LTD AND/OR ITS SUBSIDIARIES (“GNM” OR THE “LICENSOR”) IS WILLING TO LICENSE THE SOFTWARE (PRODUCT) TO YOU AS THE INDIVIDUAL, THE COMPANY, THE SCHOOL, COLLEGE OR UNIVERSITY OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR” OR THE “LICENSEE”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND GNM. BY LOGGING IN AND USING THE SOFTWARE, CLICKING THE “ACCEPT” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE SOFTWARE.

A BROADBAND CONNECTION IS STRONGLY RECOMMENDED FOR GNM’s ONLINE SERVICES. TO MAKE SURE YOUR INTERNET CONNECTION AND COMPUTER SYSTEM ARE COMPATIBLE WITH OUR SOFTWARE, YOU ARE URGED TO TEST THE SOFTWARE FIRST.

SUBSCRIPTION LICENSE:

This software is available to You on a limited subscription basis for a defined number of users and for a limited time as described in our invoice to you or up to the point where the owner of the operating system or software tools on which the Product is built and runs, ceases to support their operating system or software tools, to be used under the terms below. At the end of Your current subscription, this software cannot be used and will not function until you have purchased or renewed Your subscription.

Software (Product) includes, but is not limited to, web pages, sound files, Flash and Director Movie objects, documentation (collectively the “Software”).

The Software is the property of GNM and is protected by copyright law and any unauthorized use of it is prohibited. While GNM continues to own the Software, You will have certain rights to use the Software after Your acceptance of this license. This licenseSoftware that GNM may furnish to You. Your rights and obligations with respect to the use of this Software are as follows. governs any releases, revisions, or enhancements to the

PERMITTED USES:

You may use the Software in the following ways: execute the Software only from GNM servers; and to utilize Software only within Your organization and by Your staff and or students. You are to maintain confidentiality about the Software comparable to that of Your own confidential materials. You may create user accounts up to the number licenced and for the period of the license

PROHIBITED USES:

You may not: install the Software onto your computers; copy the Software onto another web site or computer for any purpose; circumnavigate or tamper with the licensing mechanism; distribute copies of the Software or Documentation to others; under any circumstances attempt to rewrite, decompile, disassemble, reverse-engineer or tamper with any of the Software or Software Copies; interface any portion of the Software with other software systems; reproduce, transmit, transcribe or store in a retrieval system the Documentation or Documentation Copies in any form by any means without the written consent of GNM

You will ensure user accounts are not used by anyone other than the registered user. Where multiple access to a single user account is detected by GNM, GNM may at its sole discretion terminate the license agreement without notice and with no liability to You or GNM may permit You to correct the situation within 7 days at its sole discretion.

LIMITATIONS:

There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that GNM may use these measures to protect GNM against software piracy. This Software may contain enforcement technology that limits the ability to access the Software by a finite number of users and for a finite time. Users log on information and physical computer identities may be sent over the internet to GNM for the sole purpose of preventing illegal use of the Software.

TERM:

This license is effective from the date You receive access to the Software, Pages, and Documentation, and continues for a minimal license period or subscription limit as evidenced by your original acceptance, correspondence, receipt, or invoice from date of subscription. This license will terminate if the You fail to comply with any term or condition in this Agreement, including failure to pay associated fees when due. Upon any failure to comply with the terms of this agreement, GNM reserves the right to terminate the license. Upon notice of termination, You will have a maximum of thirty days to return all copies (if any) of any and all Product materials (Software, Pages and Documentation) to GNM. You may not continue to utilize any portions of Product in any way and under any circumstances after this 30 day period if this license has been terminated. You will not be entitled to a refund of amount paid for the license to use the Software and Documentation, or any other amounts for any reason.

As a condition of Use of the Software, You may not Use the Software for any purpose that is unlawful or prohibited by these Terms of Use. We reserve the right delete inappropriate material and to suspend or terminate this Subscription if the Software is used for an unauthorized purpose.

You should understand that all messages, e-mail, data, text, photographs, graphics, video and other materials, images or information transmitted via the Software whether posted for general viewing or transmitted to users You set up ("User Content"), are Your sole responsibility. If You upload, post, e-mail or otherwise transmit any User Content, You are responsible for its compliance with these Terms of Use. GNM has no obligation to screen, edit or control User Content, and we do not accept responsibility for its truthfulness, accuracy, lawfulness or suitability. Under no circumstances will we be liable in any way for any User Content, including errors or omissions in any User Content, defamatory or pornographic content, content that infringes intellectual property rights, or for any loss or damage of any kind incurred as a result of the use or viewing of any User Content.

You agree not to use the Software or the Subscription to:

  • establish an account name or user ID that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise offensive
  • upload, post, e-mail or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise offensive;
  • impersonate any person or entity;
  • disguise the authorship or origin of any User Content you transmit;
  • upload, post, e-mail or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary information and confidential information);
  • upload, post, e-mail or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
  • upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," or any other form of solicitation
  • upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than normal, or otherwise act in a manner that negatively affects other users' ability to engage in orderly exchanges;
  • interfere with or disrupt servers or networks connected to the Software;
  • "stalk" or otherwise harass another; or
  • collect or store personal data about other users.

GNM reserves the right, at its sole discretion, to block or remove any objectionable User Content that You transmits or makes available via the Software. Without limiting the breadth of our right, You are advised that we have the right to remove any User Content that violates these Terms of Use, this Agreement or is otherwise objectionable (in our determination).

GNM store and preserve User Content in accordance with established policy and may disclose it if required by law or in the good faith belief that such disclosure is reasonably necessary

  1. to comply with legal process,
  2. to enforce these Terms of Use,
  3. to respond to claims that any User Content violates the rights of third-parties, or
  4. to protect the rights, property and personal safety of GNM and its employees, contractors, suppliers and venders.

LIMITED WARRANTY:

GNM does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. In particular GNM does not guarantee that users will be able to touch type in 90 minutes. This is an average time our tests have shown it takes to learn the A-Z keys and You understand users may learn at their own pace and in their own time.

You accept that there may be periods where you are unable to access the Software due to technical problems with our server or service provided by an ISP or for essential site maintenance and that GNM has no liability to You in these instances.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
DISCLAIMER OF DAMAGES

IN NO EVENT WILL GNM OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF GNM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL GNM’S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.

The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.

TERMINATION:

This License will terminate automatically without notice from GNM if You fail to comply with any provision of this License or if You become bankrupt, go into liquidation, suffer or are the subject of any winding-up petition, make an arrangement with Your creditors, have an administrator or receiver appointed or suffer or file any similar action in consequence of debt.  You may terminate this License by destroying all copies of the Software.  Upon termination You shall destroy all copies of the Software.  Upon termination there will be no refund of any monies or other consideration paid by You. 

You may not assign or transfer this Agreement. Any such attempted assignment or transfer will be null and void. GNM may terminate this Agreement in the event of any such attempted assignment or transfer.

MISCELLANEOUS:

You acknowledge and agrees that GNM may use Your name in GNM’s marketing materials and/or a list of GNM’s customers.

GENERAL:

This Agreement will be governed by the laws of England and Wales. This Agreement and any related License Module is the entire agreement between You and GNM relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The disclaimers of warranties and damages and limitations on liability shall survive termination.

If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such right or provision with respect to any subsequent breach. Provisions herein which by their nature extend beyond the termination of any license of Software will remain in effect until fulfilled.

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This website is owned by Gotham New Media ,
the authors of KAZ (keyboarding A-Z) keyboard training software.