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.