Table of Contents
By downloading and/or using LAB-Physics
software and related materials, you are agreeing to be bound by all the terms
herein stated and thereby are entitled to install all software. LAB-Physics is
willing to license the accompanying and referenced software and related materials
to you exclusively on the condition that you accept all of the terms contained
in this agreement and any supplementary or unique license terms included herewith.
If you are unwilling to be bound by all the terms and conditions in this license
agreement and you are unwilling to agree to all of its, do not purchase and install
the LAB-Physics software.
Description of Services
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LAB-Physics Software Products and Web Services. LAB-Physics is an online integrated
learning environment that includes an interactive tutoring system and virtual lab
environment with associated data analysis tools for students and web-based course
management and assessment tools for faculty. LAB-Physics products are designed to
be used as a subscription-based, standalone learning service for use with on-site and
online courses, or for independent learning activities.
LAB-Physics records and stores in its databases, all account information and all student
responses including laboratory actions, tutor responses, notebook and graphing tool responses,
and quiz responses. Some of this student data is provided to the students' instructors. The
use of LAB-Physics student response data is up to the discretion of the instructor in the same
manner that instructor discretion governs on-site coursework. LAB-Physics is not responsible
for safeguarding student information that is under the control of the instructor nor can we
monitor instructor use of student data.
LAB-Physics reserves the right to access student data for purposes of administering the program
including software maintenance, backups, technical support, product improvement and expansion,
and content development. LAB-Physics may use student data in the aggregate for purposes of
identifying demographic populations, assessing the program's effectiveness, or generating market
information about LAB-Physics or for purposes of determining the effectiveness of LAB-Physics
modules in enhancing student learning of physics.
LAB-Physics software shall mean all software, web content and related materials from
LAB-Physics, whether labeled alpha, beta, pre-release, demo, preview, release or otherwise.
LAB-Physics software also includes any updates, upgrades, modified versions, bug fixes or
enhancements to such software products which LAB-Physics, in its sole discretion, may choose
to provide to you. Additional products may be included with the software upon completion and
delivery by LAB-Physics, at LAB-Physics' sole discretion, and you agree by your acceptance and
use of any software or materials identified or provided in each such supplemental delivery that
this agreement shall apply.
Limitations
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LAB-Physics hereby grants, and you hereby accept, on the terms and conditions of this agreement,
a non-transferable, non-exclusive, personal, non-assignable, non-sub-licensing license to
download the LAB-Physics software for use solely for the purposes outlined in this agreement.
You shall use the software only for its intended educational purposes or for evaluation of the
software's applicability and usability. 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 LAB-Physics without written permission
of LAB-Physics or Science Lab Courseware, LLC.
The licenses granted in this agreement to you are non-exclusive. Nothing in this agreement
shall be construed as limiting in any manner LAB-Physics' marketing or distribution activities
or its appointment of customers, testers, dealers, distributors, value-added resellers, original
equipment manufacturers, licensees, or agents. You agree that you will refrain from: 1) copying,
transferring, assigning, re-selling, distributing or using the software other than as expressly
authorized in this agreement; 2) using the software to perform, support or augment any business
purposes or processes other than to use in a non-profit educational setting, and 3) using the
software for any purpose other than as expressly authorized in this agreement. You acknowledge
that the software is being provided by LAB-Physics for educational purposes only.
Your Account, Password and Security
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LAB-Physics services requires that you open an account. To do so, you must complete the
registration process by providing us with current, complete and accurate information as prompted
by the applicable registration form. You will need to select your own password and provide a valid
email for use as a user name. You are entirely responsible for maintaining the confidentiality of
your password and account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify LAB-Physics immediately of any unauthorized
use of your account or any other breach of security. LAB-Physics will not be liable for any loss
that you may incur as a result of someone else using your password or account, either with or
without your knowledge. However, you could be held liable for losses incurred by LAB-Physics or
another party due to someone else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder.
Service Marks
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LAB-Physics (registration pending), LABPhysics, LAB*Physics, LAAPhysics, LAB-Platform,
LABPlatform, LAB*Platform, LAAPlatform are copyrighted/trademarked service marks of LAB-Physics
and Science Lab Courseware, LLC. You agree that LAB-Physics, Science Lab Courseware, LLC and/or
its licensors own all right, title and interest in the software including all content, text,
graphics, video, audio, data, images, and in all patents, trademarks, trade names, inventions,
copyrights, know how and trade secrets relating to the design, operation or service of the
software. All rights not expressly granted are reserved by LAB-Physics. You may not copy or
store in any form outside the LAB-Physics system, any or all of these materials. Unauthorized
copying or use of the software, or failure to comply with the restrictions provided in this
agreement, will result in automatic termination of this agreement. Nothing in this agreement
shall alter any of its licensors' ownership rights to their respective intellectual property,
including but not limited to software and content.
Unlawful or Prohibited Use
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As a condition of your use of the LAB-Physics, you will not use the services for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may not use the
LAB-Physics in any manner that could damage, disable, overburden, or impair any LAB-Physics
server, or the network(s) connected to any LAB-Physics server, or interfere with any other
party's use and enjoyment of LAB-Physics. You may not attempt to gain unauthorized access to
any LAB-Physics services, other accounts, computer systems or networks connected to any LAB-Physics
server, 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 by
LAB-Physics.
Support
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LAB-Physics services are provided to you on the basis of "as is/as available"
without
representations or warranties of any kind either express or implied. You agree that
LAB-Physics is not obligated to provide technical support of any kind for the software
independent of a technical services agreement signed by both parties, and that LAB-Physics
shall have the right without incurring any liability, to modify the software or discontinue
its use or distribution at any time and for any reason.
Publicity
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You agree to refrain from executing any public statement, press release, publication, or
other announcement relating to the terms of or existence of this agreement or the use of
or application of LAB-Physics products without the prior written approval of LAB-Physics
except as required by law. Notwithstanding the foregoing, you hereby grant to LAB-Physics
the right, but not the obligation, to issue an initial press release, regarding the
relationship between you and LAB-Physics.
Conflict of interest
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You agree that you will not engage directly or indirectly either for yourself, or with or
for any other person or entity in any work or undertaking which shall conflict with or create
any legal impediment against your performance of your obligations under this agreement and the
rights and licenses granted to LAB-Physics hereunder. You represent that there is no such
present conflict of interest nor any such legal impediment.
Duration
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You agree to terminate use of this software at the discretion of LAB-Physics, or at six months
to one year (depending on subscription type) after the first installation. No license is
granted for use of this software beyond the initial agreement. This agreement shall continue
until the earlier of: 1) six (6) or twelve (12) months from the installation or your first
use of the software or 2) upon delivery of written notice of termination by either party
hereto. Notwithstanding the terms of this agreement, either party may immediately terminate
this agreement at any time and for any reason upon written notice. Upon termination of this
agreement for any reason, you shall return to LAB-Physics or destroy all copies of the software,
and any other confidential information provided to you hereunder, that is in your possession or
under your control within ten (10) business days following the termination date.
Warranty Disclaimer
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LAB-Physics makes no warranties, express or implied regarding the software, its fitness for
any purpose, its quality, its merchantability, or otherwise. LAB-Physics does not warrant
that the operation of the software will be uninterrupted or error free. Except as expressly
stated herein, LAB-Physics has made no warranties or representations, express or implied by
operation of law or otherwise, concerning the software to be provided hereunder. You acknowledge
and agree that you have not relied on any express or implied representation of LAB-Physics,
written or oral, as an inducement to entering into this agreement.
Liability Limitations
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In no event shall LAB-Physics be liable for costs of procurement of substitute goods or services
or for any damages whatsoever, including any or all general, special, consequential, incidental,
or indirect damages arising out of this agreement or use of the software or confidential information,
however caused, on any theory of liability, and whether or not LAB-Physics has been advised of the possibility
of such damage. These limitations shall apply notwithstanding any failure of essential purpose of any
limited remedy. LAB-Physics does not provide refunds.
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