![]() ![]() ![]() The Software may be used to access or play materials onscreen by Customer or authorized Users only. ![]() Customer shall be entitled to Use the Software solely for Customer’s own purposes. ![]() As long as Customer complies with the terms of this Agreement, TD grants to Customer a limited, non-exclusive, non-sublicensable, non-assignable, non-transferable right to access and use the Software as set forth in an Order. “User Data” means all information or files related to an individual User. “User” means a single person who is granted explicit access to use the Software by the Customer through a Login.ġ.17. “Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.ġ.16. “Support Services” means those services provided by TD as set forth in the Support Policy and which may change from time to time in the sole and absolute discretion of TD. “Standard Rate” means, with respect to any Service, TD’s standard rate for such Service (including, if applicable, time and material charges), as set forth in TD’s standard fee schedules, as in effect from time to time.ġ.14. “Software” means (a) the computer software programs and associated web pages owned or licensed by TD in object code form, (b) educational content activities and templates, (c) related explanatory written materials or files (“Documentation”), and (d) symbols, images, audio files, videos and other included media, that Customer has licensed as set forth in an Order and are provided as part of the Order.ġ.13. “Services” means individually or collectively, the Professional Services, the Support Services and/or any additional agreed upon services provided by TD to Customer hereunder.ġ.12. “Professional Services” means engineering, custom account administration or other consulting services that may be provided by TD to Customer, as identified on an Order.ġ.11. “Professional Development” means training services (delivered onsite or online) that may be provided by TD to Customer and authorized Users, as identified on an Order.ġ.10. “Order” means the request to purchase an Individual License or Group License issued to TD by Customer pursuant to which TD provides access to Software, and which explicitly states the associated quantities along with Services, as applicable.ġ.9. With an Individual License, a) Software is limited to installation and registration on up to two (2) Computers b) but the Software can only be in Use on one (1) Computer at any given time.ġ.8. “Individual License” means the purchase of a single Software license. “HIPAA” means The Health Insurance Portability and Accountability Act of 1996, as amended, and the rules and regulations promulgated thereunder.ġ.7. With a Group License, a) Software is permitted to be installed and registered on multiple Computers provided, that the number of Computers do not exceed two (2) times the number of licenses purchased and b) the Software may only be in Use at any given time on a number of Computers equal to or less than the number of licenses purchased.ġ.6. “Group License” means a purchase of multiple Software licenses. “Editor” means the installed Software called Boardmaker.ġ.5. “Documentation” means written materials, videos, or other communications that explain the operation of the Software delivered in printed or electronic format.ġ.4. “Confidential Information” means all confidential and business proprietary information of a party hereto (including, with respect to Customer, User Data) disclosed in connection with the provision or receipt, as the case may be, of Services hereunder provided, however, that the term “Confidential Information” does not include any information that (i) is or becomes a part of the public domain through no act or omission of the receiving party (ii) was in the receiving party’s lawful possession prior to the disclosure and had not been obtained by the receiving party, either directly or indirectly, from the disclosing party (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure or (iv) is independently developed by the receiving party.ġ.3. If you do not agree to the terms and conditions of this Agreement, do not use the Software.ġ.1 “Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.ġ.2. By using all or any portion of the Boardmaker® Software (“Software”) you accept all of the terms and conditions of this Agreement. This End User License Agreement (the “Agreement”) is an agreement between Tobii Dynavox LLC, with its principal place of business at 2100 Wharton Street, Suite 400, Pittsburgh, PA 15203 (“TD”), and the individual or entity that has licensed the Software (“Customer” or “you”). ![]()
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