Rowland Reading Foundation’s Preview Subscription to its Online Materials

This is a summary of Rowland Reading Foundation Inc.’s Preview Subscription to Online Materials offered to prospective customers for evaluation purposes only (followed by its full text).

What is a Preview Subscription? This is the contract that permits you access for a limited period of time to certain online instructional resources on the For Our Teachers section of Rowland Reading Foundation's website. You, as an individual and on behalf of your school, agree to its terms by logging into or browsing the site.

How does my school receive permission to access the For Our Teachers section of the Rowland Reading website for evaluation purposes? Rowland Reading Foundation, Inc. (RRF) sends a school or school district a set of log in credentials that may only be shared among the faculty, or staff officially affiliated with that school or school district.

How may we use Online Materials? The Online Materials are labeled with icons that designate how different kinds of Online Materials may be used.

means that you are limited to displaying the material on your classroom computer or whiteboard.

means that you may print and copy the material, but you may only distribute copies to your current students or their parents for an educational purpose.

means that you may save, print, and copy the material, but you may only distribute the material to your current students or their parents for an educational purpose.

Other than these permitted uses, you may not copy, modify, distribute, save, publish, or retransmit the Online Materials, in whole or in part.

What information about students is collected under the Preview Subscription? The Online Materials available under the Preview Subscription do not permit the acquisition of any personally identifiable information of students or children under the age of 13.

Preview Subscription (full text)

1. Online Materials. The Online Materials are available in the For Our Teachers section of Rowland Reading Foundation’s website accessed at www.rowlandreading.org or www.superkidsreading.org. The Online Materials are protected by copyright and other applicable laws. Any use of these materials except as authorized under the Preview Subscription or copyright law is prohibited. RRF reserves all rights not expressly granted in the Preview Subscription.
   
   
   1. Preview Subscriber. A Preview Subscriber is the legal entity that has access to the Online Materials. A Preview Subscriber may be a school district, or a school.
   2. Authorized Users. Authorized Users must be employees, faculty, or staff officially affiliated with the Preview Subscriber. An Authorized User may not share log in credentials with anyone except someone who is officially affiliated with the Preview Subscriber.
   3. Unauthorized Sharing of Log in Credentials. If RRF suspects that an unauthorized person is aware of the Preview Subscriber’s log in credentials, RRF may in its sole discretion immediately terminate the Preview Subscriber's access to Online Materials. The Preview Subscriber is liable for all unauthorized uses of Online Materials resulting by sharing log in credentials with someone other than Authorized Users.
   
   
   
2. 2. Preview Subscription License Grant. RRF grants Subscriber a non-exclusive, non-transferable, revocable, limited term license to use the Online Materials by Authorized Users at Preview Subscriber’s location(s) for the sole purpose of evaluating as a prospective customer.
   
   
   1. Limited Rights. There are three kinds of Online Materials:
      1. Online Material labeled “D” may only be displayed by an Authorized User on a classroom computer or whiteboard.
      2. Online Material labeled “P/C” may be printed and copied, but the copies may only be distributed by an Authorized User to current students or their parents for an educational purpose.
      3. Online Material labeled “S” may be saved, printed, and copied, but the material may only be distributed by an Authorized User to current students or their parents for an educational purpose.
      
      
      
   2. Further Restrictions. Online Materials (or any portion of them) may not otherwise be copied, modified, published, transmitted, transferred, or used for any commercial purpose. RRF reserves all rights not explicitly granted in this license.
      
      
   3. Copyright and Trademark Notices. Copyright and trademark notices on Online Materials must be maintained and may not be modified or altered in any way.
      
      
   4. No Circumvention. Preview Subscriber may not circumvent, disable, or otherwise interfere with security-related features of RRF's website or features that prevent or restrict use, copying, or distribution of the Online Materials.
   5. RRF Remedy for Breach. If RRF becomes aware of Preview Subscriber’s breach of this Section 2, it may without notice to restrict or terminate Preview Subscriber’s access to Online Materials.
      
      
   6. Limited Preview Period. The Preview Subscription becomes effective when Preview Subscriber logs in or browses the Online Materials. RRF in its sole discretion sets the preview time period and may without notice terminate it.
   
   
   
3. Support at RRF’s Discretion Only. RRF may in its sole discretion offer support to Authorized Users of the Preview Subscriber during regular business hours (CST), but is under no obligation to offer such support.
   
   
4. No Warranty. RRF STRIVES TO MAINTAIN UPDATED AND ACCURATE ONLINE MATERIALS ON ITS WEBSITE. HOWEVER, ALL MATERIAL IS PRESENTED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND. RRF DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IN CONNECTION WITH RRF'S TEACHER PORTAL, FOR OUR TEACHERS, AND ITS CONTENT.
   
   
5. Limitation of Liability. NEITHER RRF NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING CONTENT IN RRF'S TEACHER PORTAL, FOR OUR TEACHERS, IS LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO USE OR INABILITY TO USE RRF'S TEACHER PORTAL, FOR OUR TEACHERS, OR ANY ERRORS OR OMISSIONS IN CONTENT. THIS LIMITATION APPLIES TO DAMAGES BY ANY VIRUS OR HARMFUL COMPONENT THAT MAY INFECT COMPUTER EQUIPMENT, SYSTEM, OR LOSS OF DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. RRF'S LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE EXTENT PERMITTED BY LAW.
   
   
6. General.
   1. RRF’s failure to exercise or enforce any right or provision of the Preview Subscription does not constitute a waiver of such right or provision. If any provision of the Preview Subscription is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Preview Subscription will remain in full force and effect.
      
      
   2. No provision of this Preview Subscription will be deemed waived and no breach consented to unless it is in writing and signed by the parties agreeing to a waiver or consent.
      
      
   3. If there is any inconsistency between the summary and the full text of the Preview Subscription, the full text of the Preview Subscription governs.
      
      
   4. RRF reserves the right to change the terms of the Preview Subscription from time to time. Please refer to this Agreement periodically for any changes.
      
      
   5. The Preview Subscription may not be assigned by the Preview Subscriber to any other person, firm, corporation, or other entities (by operation of law or otherwise) without RRF's prior written consent. Any attempt to assign without consent is void and is a material breach of the Agreement.
      
      
   6. All matters relating to Preview Subscriber’s access to, and use of, the website or any services provided by www.rowlandreading.org or www.superkidsreading.org are governed by U.S. law or the laws of state of Wisconsin. Any legal action or proceeding relating to Subscriber’s access to, or use of, the website must be instituted in a state or federal court in Dane County, Wisconsin. Preview Subscriber agrees to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
      
      
   
   
   

Revised April, 2011.