School Dynamics Systems

Terms of Use

Acceptance of Terms

The services that School Dynamics Systems provides to you are subject to the following Terms of Use ("TOU"). School Dynamics Systems reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Privacy" hypertext link located at the bottom of our Web pages.

Description of Services

Throughout its Website, School Dynamics Systems provides you with access to a variety of resources, including download areas, forms of communication, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Webpage, are subject to the TOU.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Use of Software on the Website

Any software that is made available to download from the Services ("Software") is the copyrighted work of School Dynamics Systems. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limited the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, School Dynamics Systems hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

For your convenience, School Dynamics Systems may make available as part of the services or in its software products, tools and utilities for use and/or download. School Dynamics Systems does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in School Dynamics Systems software products.

RESTRICTED RIGHTS LEGEND: Any Software which is downloaded from the website for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is School Dynamics Systems, LLC, 1103 North Fifth Street, Hartsville, South Carolina 29550.

Use of Documents and Publication of the Website

Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the below copyright notice and other proprietary notices on every copy you make, and e) you agree that School Dynamics Systems may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from School Dynamics Systems. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by School Dynamics Systems.

Except as expressly provided otherwise, School Dynamics Systems makes no representations about the suitability of the information contained in the documents and publications and related graphics published on the Website for any purpose except as expressly provided otherwise, all such documents and related graphics are provided "as is" without warranty of any kind. Except as expressly provided otherwise, School Dynamics Systems hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall School Dynamics Systems be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the website.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herin. School Dynamics Systems may make improvements and/or changes in the product(s) and/or the program(s) described herin at any time without notice.

Notice Regarding Software, Documents, and Services Available

In no event shall School Dynamics Systems be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of performance of software, documents, provision of or failure to provide services, or information available from the services.

No Unlawful or Prohibited Use

As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any School Dynamics Systems server, or the network(s) connected to any School Dynamics Systems server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any School Dynamics System server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

Materials Provided By School Dynamics Systems or Posted to the Website

Unless otherwise specified, School Dynamics Systems does not claim ownership of the materials you provide to School Dynamics Systems (including, without limitation, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the website or its associated services for review by School Dynamics Systems, the general public, and/or by the members of any public or private community (each a "Submission" and collectively "Submissions"), and such Submissions shall be deemed not to be confidential. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting School Dynamics Systems, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all School Dynamics Systems services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and market products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the Website.

No compensation will be paid with respect to the use of your Submission, as provided herein. School Dynamics Systems is under no obligation to post or use any Submission you may provide and School Dynamics Systems may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the website, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the website, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the services or materials on the website (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the services and/or materials on the website. No compensation will be paid with respect to the use of your Images.

Links to Third Party Sites

This site may contain links which leave the School Dynamics Systems site. The linked sites are not under the control of School Dynamics Systems and School Dynamics Systems is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. School Dynamics Systems is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by School Dynamics Systems of the site.

Unsolicited Idea Submission Policy

School Dynamics Systems or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sold purpose of this policy is to avoid potential misunderstandings or disputes when School Dynamics Systems' products or marketing strategies might seem similar to ideas submitted to School Dynamics Systems. So, please do not send your unsolicited ideas to School Dynamics Systems or anyone at School Dynamics Systems. If, despite our request that you not send us your ideas and materials, you still send them, please understand that School Dynamics Systems makes not accurances that your ideas and materials will be treated as confidential or proprietary.

Copyright Notice

Copyright © 2003 School Dynamics Systems, LLC, 1103 North Fifth Street, Hartsville, South Carolina 29550 U.S.A. All rights reserved.

General Information

The Terms of Use constitute the entire agreement between you and School Dynamics Systems and govern your use of the website, superseding any prior agreements between you and School Dynamics Systems on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and School Dynamics Systems in effect as of the date of your use of the website and specifically regarding your use of the website ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other School Dynamics Systems services, third-party content or third-party software. You must not assign or otherwise transfer the Terms of Use nor any right granted hereunder.

School Dynamics Systems controls and operates this website from its headquarters in various locations in the United States of America and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

You acknowledge and agree that material on this website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on this website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria, Serbia and Sudan. This list is subject to change without further notice from School Dynamics Systems, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

The failure of School Dynamics Systems to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.