Schools Agreement PDF Print

By purchasing software by Student Data Systems, the following terms and conditions are agreed to: 

1) CHARTER

Student Data Systems Inc. is a private software company that provides primary schools with student data management software. Student Data Systems operates outside government agencies that mandate student reporting. Student Data Systems is not representational of any government political agenda but attempts to reflect contemporary reporting structures mandated by governments.

2) SCHOOL INFORMATION

School information provided to Student Data
Systems is private and confidential and will not be disclosed to third parties.

3) SCHOOL CONDUCT

3.1 Software developed and retailed by Student Data Systems is not freeware or shareware and cannot be distributed to third parties other than teachers within the school. Copyright law applies.

3.2 Software purchased from Student Data Systems is not open source. The software may not be redesigned in any way. All design and code remains the intellectual property of Student Data Systems. Copyright and intellectual property law applies.

4) INDEMNITY

Schools agree to indemnify and hold Student Data Systems, and their third party service providers, and their parents, subsidiaries,
affiliates, officers, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Schools use of the software,

5) DISCLAIMER OF WARRANTIES

5.1 Schools expressly agree that use of the software is at the schools and teachers sole risk. The software is provided on an “as is” and “as available” basis.

5.2 Student Data Systems, schools, and their third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.3 Student Data Systems, and their third party service providers make no warranty that the services will meet user’s requirements or that the services will be uninterrupted, timely, secure, or error free; nor does student data systems, or its third party service providers make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that defects in the software will be corrected.

5.4 Schools understand and agree that any information, content, data, or other material downloaded or otherwise obtained through or from the services is obtained at user’s own discretion and risk, and that user will be solely responsible for any damage to user’s computer system or any loss of data that results from the download of such material or data.

5.5 Student Data Systems and their third party service providers make no warranty regarding any goods or services purchased or obtained through or from the services or any transactions entered into through the services.

5.6 No advice or information, whether oral or written, obtained by schools from Student Data Systems, or their third party service providers, or through or from the services, shall create any warranty not expressly stated herein.

6) LIMITATION OF LIABILITY

6.1 Schools agree that student data systems, and their third party service providers shall not be liable for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the software, or for cost of procurement of substitute goods and services, or resulting from any goods or services purchased or obtained, or from messages received or transactions entered into through or from the services, or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to, damages for loss of profits, use, data, or other intangibles, even if Student Data Systems, Schools, or their third party service providers have been advised of the possibility of such damages.

7) SUBSCRIPTION

7.1 Purchase of Student Data Systems software requires an annual subscription renewal due in February of each year.  The first renewal is due in the year following purchase.  Subscription pricing is reflected on the Student Data Systems website and may change without notice.

7.2 Subscription cancellation requires all software to be sent back to Student Data Systems and an audit report outlining software removal from all computers and storage devices.  Cancellation fees are not applicable, however, the subscription payment for the current year is expected.

7.3 Defaulting on subscriptions may result in the notification of internal auditors (where applicable) followed by legal procedings.

 
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