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Focalpoint k12 license#
Your right to use such third-party technology is governed by the terms of the third-party technology license agreement specified by FocalPointK12 and not under the agreement. Third-party technology that may be appropriate or necessary for use with some FocalPointK12 programs is specified in the program documentation or ordering document as applicable. FocalPointK12 retains all ownership and intellectual property rights to anything developed and delivered under the agreement. FocalPointK12 or its licensors retain all ownership and intellectual property rights to the services and FocalPointK12 programs. You retain all ownership and intellectual property rights in and to your data.
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Upon the end of the agreement or the services thereunder, your right to access or use the FocalPointK12 programs specified in the ordering document and the services shall terminate. You agree that you do not acquire under the agreement any license to use the FocalPointK12 programs specified in the ordering document in excess of the scope and/or duration of the services. You acknowledge that FocalPointK12 has no delivery obligation and will not ship copies of the FocalPointK12 programs to you as part of the services. The services are provided as described in, and subject to, the services policies referenced in the ordering document. You may allow your users to use the services for this purpose and you are responsible for your users’ compliance with the agreement. Upon FocalPointK12’s acceptance of your order and for the duration of the services term defined in the ordering document, you have the nonexclusive, non-assignable, royalty-free, worldwide limited right to use the services solely for your internal business operations and subject to the terms of the agreement.
Focalpoint k12 software#
This software as a service agreement serves as a master service agreement between you and FocalPointK12 until superseded by a subsequent master service agreement entered into and jointly signed by you and FocalPointK12. The term “ordering document” refers to the ordering document signed by the parties that accompanies and incorporate this software as a service agreement, including the services policies and any other document referenced or incorporated into the ordering document. The term “your data” refers to the data provided by you that resides in your services environment. The term “users” shall mean those individuals authorized by you or on your behalf to use the services, as defined in the ordering document.
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The term “FocalPointK12 programs” refers to the software products owned or distributed by FocalPointK12 to which FocalPointK12 grants you access as part of the services, including program documentation, and any program updates provided as part of the services. The term “program documentation” refers to any documentation as well as any other materials provided by FocalPointK12 as part of the services. Software as a service consists of system administration, system management, and system monitoring activities that FocalPointK12 performs for FocalPointK12 programs, and includes the right to use the FocalPointK12 programs, support services for such FocalPointK12 programs, as well as any other services provided by FocalPointK12, as defined in the ordering document (collectively, the “services”). (“FocalPointK12”) or an authorized distributor by executing the ordering document that accompanies and incorporates this FocalPointK12 software as a service agreement (collectively, the “agreement”). “You” and “your” refers to the individual or entity that has ordered software as a service from FocalPointK12, Inc. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND, IN SUCH EVENT, “YOU” AND “YOUR” AS USED IN THIS AGREEMENT SHALL REFER TO SUCH ENTITY. BY ACCEPTING THIS AGREEMENT THROUGH AN ORDERING DOCUMENT THAT INCORPORATES THIS AGREEMENT (THE “ORDERING DOCUMENT”), YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IMPORTANT - READ THIS FOCALPOINTK12 SOFTWARE AS A SERVICE AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE SIGNING THE ORDERING DOCUMENT.
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