Agreement with Terms and Conditions

The Pennsylvania Department of Education ("PDE") web-based project known as the Standards Aligned System ("SAS") developed by Performance Learning Systems ("PLS") contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned and copyrighted by PDE, and portions of which are owned and copyrighted by other parties. This agreement sets forth the terms and conditions that apply to the use of SAS by you ("Visitor"), an individual accessing SAS. By accessing SAS, you agree to the following terms and conditions. If you do not agree, you have no right or license to access SAS and you should not do so.

Changes in Terms and Conditions

PDE has the right to change or discontinue any aspect or feature of SAS, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. PDE has the right to change or modify the terms and conditions applicable to Visitor's use of SAS, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SAS, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of SAS by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.

Lawful Use

Visitor shall use SAS for lawful purposes only. Visitor shall not post or transmit through SAS any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless PDE has expressly approved such material in advance of its transmission. Any conduct by a Visitor that, in PDE discretion, restricts or inhibits any other Visitor from using or enjoying SAS is expressly prohibited.

SAS Content

A portion of SAS content is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of PDE. Neither PDE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. PDE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SAS by anyone other than employee spokespersons of PDE while acting in their official capacities.

Downloading of Intellectual Property

The entire contents of SAS are copyrighted as a collective work/compilation. No Visitor may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Visitor may download one (1) single copy of the copyrighted material for Visitor's personal or classroom, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of PDE (or the copyright owner(s) if other than or in addition to PDE). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.

Uploading of Intellectual Property

Visitor shall not upload, post or otherwise make available on SAS any material protected by copyright, trademark, or other proprietary rights, without the express written permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of SAS, Visitor automatically grants, or warrants that the owner of such material has expressly granted PDE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, and store or reproduce the material for that Visitor's personal use. Visitor hereby grants PDE the rights to edit, copy, publish and distribute any material made available on SAS by Visitor.

Copyrights and Copyright Agents

PDE respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the PDE Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• a description of the copyrighted work that you claim has been infringed
• a description of where the material that you claim is infringing is located on the site
• your address, telephone number, and email address
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The PDE Copyright Agent for Notice of claims of copyright infringement on its site is the SAS Administrator who can be reached as follows:

• By phone: 877-9-PDESAS (1.877.973.3727)
• By Email: helpdesk@pdesas.org

Trademarks

Unless otherwise indicated, trademarks that appear on this site are trademarks of PDE or its affiliates. All other trademarks not owned by PDE or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PDE or its affiliates.

PLS Proprietary Rights

Visitor acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by PLS, Visitor agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. PLS grants Visitor a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that Visitor does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Visitor agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Visitor agrees not to access the Service by any means other than through the interface that is provided by PDE for use in accessing the Service.

No Resale of Service

Visitor agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

No Responsibility or Liability

To the extent that portions of SAS (such as "webpages" or "discussion boards") provide Visitors an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT PDE DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON SAS, and Postings do not necessarily reflect the views of PDE. To the fullest extent permitted by applicable laws, PDE shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on SAS.

Monitoring

PDE reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.

Warrant that Visitor has All Necessary Rights

Visitor hereby represents and warrants that Visitor has all necessary rights in and to all Postings Visitor provides and all material they contain; that Visitor's Postings shall not infringe any proprietary or other rights of third parties; that Visitors Postings shall not contain any viruses or other contaminating or destructive devices or features; that Visitor's Postings shall not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and that Visitor's Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

Authorize Others to Use

Visitor hereby authorizes PDE to use and/or authorize others to use all or part of Visitor's Postings in any manner, format, or medium that PDE or such other parties see fit. Visitor shall have no claim or other recourse against PDE for infringement of any proprietary right in Postings.

Use Is At Visitor's Risk

Visitor expressly agrees that use of SAS is at Visitor's own risk. Visitor shall be responsible for protecting the confidentiality of Visitor's password(s), if any. Neither PDE, its affiliates, nor any of their respective employees, third-party content providers or licensors, warrant that SAS service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of SAS, or as to the accuracy, reliability or content of any information, service, or merchandise referenced through SAS. It is Visitor's responsibility to evaluate the accuracy and completeness of all information, opinions and other material on SAS or any sites with which it is linked. PDE provides technology automatically producing search results that link and/or reference sites and information located worldwide throughout the Internet. Because we have no control over such sites and information, PDE makes no guarantee as to such sites and information, including the accuracy, currency, content or quality of any such sites and information and PDE assumes no responsibility as to whether the search locates unintended or objectionable content. Furthermore, because some content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your search on our sites may automatically and unintentionally generate links or references to objectionable material. We make no claim that such surprise incidences might not occur.

No Warranties of SAS Service

SAS is provided on an "as is" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

Disclaimer of Liability

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Visitor specifically acknowledges that PDE is not liable for the defamatory, offensive or illegal conduct of other Visitors or third parties and that the risk of injury from the foregoing rests entirely with Visitor.

Visitor's Waiver of Damages

In no event will PDE, PLS, or any person or entity involved in creating, producing or distributing SAS be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use SAS. Visitor hereby acknowledges that the provisions of this section shall apply to all content on SAS. In addition to the terms set forth above, neither PDE, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within SAS, or for any delay or interruption in the transmission thereof to the Visitor, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

Indemnification

Visitor agrees to defend, indemnify and hold harmless PDE, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Visitor's use of SAS.

Equipment for Visitor's Use

Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of SAS and for any/all charges related thereto.

Entire Agreement

This Agreement, and any operating rules for SAS established by PDE, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Controlling Law

This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. Any cause of action of any nature arising out of this Agreement shall be brought in the County of Dauphin.

Headings

The section headings used herein are for convenience only and shall not be given any legal import whatsoever.

Violations

Please report any violations of this Agreement to SAS Administrator.

• By phone: 877-9-PDESAS (1.877.973.3727)
• By Email: helpdesk@pdesas.org
• By mail: SAS Administrator P.O. Box 68, East Texas, PA 18046-0068

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