Responsive Learning End User License Agreement

(Last Updated: August 28, 2020)

This EULA (the “End User License Agreement”) applies to all web sites and applications (collectively the “Sites”) owned and operated by Responsive Learning LLC or one of our affiliate companies (T-TESS Cube, GT Ignite, TAGT On Demand). By registering for or otherwise using any of our Sites or Services (collectively the “sites” or “services”), or accessing any content or material we make available through the Services or Sites, the “User” agrees to this End User License Agreement. This End User License Agreement, our Privacy Policy which is hereby incorporated by reference, and any ordering document form a legally binding agreement between the User and Responsive Learning (collectively, this “Agreement”).

This EULA agreement governs your acquisition and use of our Responsive Learning web applications ("Web Applications") directly from RL or indirectly through an RL-authorized reseller or distributor (a "Reseller").

Please read this EULA carefully before beginning courses and using the RL website applications. It provides a license to use the RL Web Applications and contains warranty information and liability disclaimers.

If you register for a free trial of the RL Web Applications, this EULA agreement will also govern that trial. By continuing to use the RL Web Applications, you are confirming your acceptance of the Web Applications and agreeing to become bound by the terms of this EULA agreement.

This EULA agreement shall apply only to the Web Applications supplied by RL herewith regardless of whether other web applications are referred to or described herein. The terms also apply to any RL updates, supplements, internet-based services, and support services for the Web Applications, unless other terms accompany those items on delivery. If so, those terms apply.

Modification of Terms

We reserve the right, at our discretion, to change this EULA in the future. Except as otherwise stated herein, any change to this agreement is effective immediately after Responsive Learning LLC gives notice to the User. Notice can be given through email, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to this agreement. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

If you do not agree to this agreement, you may not access or otherwise use the Sites or the Services.

Access

We may provide you with access to the content and information related to the Services (the “Responsive Learning Content”). Your use of Responsive Learning Content is subject to this agreement as well as any additional terms you agree to in connection with such Responsive Learning Content to third parties.

You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may not share or distribute to a third party any screen name, password, or registration code for accessing the services or the Responsive Learning Content. You may access and use materials from the Services and/or the Responsive Learning Content only for your own professional use.

Responsive Learning or our Content Providers Own the Services

RL shall at all times retain ownership of the Web Applications as originally downloaded by you. The Web Applications (and the copyright, and other intellectual property rights of whatever nature in the Web Applications, including any modifications made thereto) are and shall remain the property of RL and our Content Providers.

RL reserves the right to grant licenses to use the Web Application to third parties.

License Grant

RL hereby grants you a personal, non-transferable, non-exclusive license to use the RL Web Applications on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the RL Web Applications under your control on your PC, Laptop, or tablet. You are responsible for ensuring your device meets the minimum requirements of the RL Web Applications as per the RL system requirements.

Prohibited Conduct

You expressly agree to refrain from any of the following “Prohibited Conduct” either personally or through an agent.

Publicly publishing private registration codes
Creating multiple user accounts
diting, altering, modifying, adapting, translating or otherwise changing the whole or any part of the Web Applications and permitting the whole or any part of the web applications to be combined with or become incorporated in any other web applications, and decompiling, disassembling or reverse engineering the Web Applications or attempting to do any such things
Reproducing, copying, distributing, reselling or otherwise using the Web Applications for any commercial purpose without explicit written permission from RL
Allowing any third party to use the Web Applications on behalf of or for the benefit of any third party
Using the Web Applications in any way which breaches any applicable local, national or international law
Using the Web Applications for any purpose that RL considers a breach of this EULA agreement Intellectual Property and Ownership.

Termination

This EULA agreement is effective from the date you first use the Web Applications and shall continue until terminated. You may terminate it at any time upon written notice to RL.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Web Applications. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Liability

In no event will RL or its licensors or service providers be liable for any consequential, incidental, special, indirect, punitive or exemplary damages of any kind, including but not limited to, lost time, lost money, lost data, lost profits or good will, whether in contract, tort, strict liability, negligence or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of the RL content, Sites, the Services, or otherwise arising from or relating to this EULA and in no event shall the liability of RL or its licensors for whatever cause exceed the fees paid by you in connection with your use of the RL content, the Sites, or the Services, even if advised of the possibility of such damages. To the extent the foregoing exclusion of liability is not permitted under applicable law, RL's liability in such cases will be limited to the greatest extent permitted by law.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the United States of America.