Continued use of Teacher Resources On Demand digital content and virtual manipulatives is subject to the Teacher Resources On Demand Terms of Use.
 
DIGITAL CONTENT TERMS OF USE
 
IMPORTANT, PLEASE READ CAREFULLY. This License Agreement covers the use of your ETA hand2mind® DIGITAL CONTENT.
This DIGITAL CONTENT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are granted a license for this product when at least one of the following conditions applies:
1.) You have directly purchased a DIGITAL CONTENT license from ETA hand2mind.
2.) You have received the DIGITAL CONTENT via a bundled or package purchase of other ETA hand2mind products.
3.) You have received a sample order of the DIGITAL CONTENT via media or via an official ETA hand2mind site.
 
END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") is a legal agreement between ETA hand2mind and you, the end user ("Licensee") with regard to the copyrighted materials (herein referred to as “DIGITAL CONTENT") provided with this EULA. The DIGITAL CONTENT includes digital books, any printed materials, downloadable materials, and any related "online" electronic documentation provided hereunder. Use of any portion of the DIGITAL CONTENT provided to you by ETA hand2mind in whatever form or media, will constitute your acceptance of these terms. If you do not agree with the terms of this EULA, do not access the DIGITAL CONTENT. By accessing, copying, or otherwise using the DIGITAL CONTENT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, ETA hand2mind is unwilling to license the DIGITAL CONTENT to you.
 
1. Eligible Licensees. This DIGITAL CONTENT is available to any single entity who has been granted by ETA hand2mind a single use license (“single license") to use the ETA hand2mind DIGITAL CONTENT, with no right of duplication or further distribution, licensing, or sub-licensing. This License Agreement covers only one ETA hand2mind DIGITAL CONTENT title. You must possess a separate license for each ETA hand2mind DIGITAL CONTENT title that you employ for each user. The entity that purchased access to materials on Teacher Resources On Demand owns that access for the prescribed period labeled on the product prior to access purchase. Any person accessing said DIGITAL CONTENT that leaves an entity should leave the associated access login and password behind. ETA hand2mind reserves the right to decline to transfer access on behalf of the entity.
 
2. License Grant. ETA hand2mind grants to you a non-transferable and non-exclusive right to use the copy of the DIGITAL CONTENT provided with this EULA.
2A. Single use license. You agree you will not copy the DIGITAL CONTENT except as necessary to use it on any computer directly assigned to a single user. This also holds for using the materials accompanying the DIGITAL CONTENT other than with the DIGITAL CONTENT. Modifying, translating, renting, copying, transferring, or assigning all or part of the DIGITAL CONTENT, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels, or marks from the DIGITAL CONTENT is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the DIGITAL CONTENT.
Licensees may reproduce DIGITAL CONTENT for single use, including printing. These reproductions cannot be shared with anyone. Once a license duration ends, these reproductions must be destroyed, including supplemental downloadable materials.
ETA hand2mind reserves the right to discontinue DIGITAL CONTENT at any time. Refunds will be issued as per the Cancellation policy.
 
3. Copyright. The DIGITAL CONTENT is licensed, not sold. You acknowledge that no title to the intellectual property in the DIGITAL CONTENT is transferred to you. You further acknowledge that title and full ownership rights to the DIGITAL CONTENT will remain the exclusive property of ETA hand2mind and/or its suppliers, and you will not acquire any rights to the DIGITAL CONTENT, except as expressly set forth above. All copies of the DIGITAL CONTENT you make and distribute will contain the same proprietary notices as contained in or on the DIGITAL CONTENT. All title and copyrights in and to the DIGITAL CONTENT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the DIGITAL CONTENT), the accompanying printed materials, and any copies of the DIGITAL CONTENT, are owned by ETA hand2mind or its suppliers. The DIGITAL CONTENT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the DIGITAL CONTENT except for use with the DIGITAL CONTENT.
 
4. Reverse Engineering. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the DIGITAL CONTENT in whole or in part. If you are a company, corporation, public or private not-for-profit organization or association, or governmental agency, you will use your best efforts to prevent your employees, members, contractors, or anyone else associated with your entity from attempting to reverse compile, modify, translate, or disassemble the DIGITAL CONTENT in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the immediate termination of this license and the reversion of the rights granted hereunder to ETA hand2mind.
 
5. Disclaimer of Warranty. The DIGITAL CONTENT is provided "AS IS" without warranty of any kind. ETA hand2mind and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. The entire risk as to the quality and performance of the DIGITAL CONTENT is with you. Neither ETA hand2mind nor its suppliers warrant that the functions contained in the DIGITAL CONTENT will meet your requirements or that the operation of the DIGITAL CONTENT will be uninterrupted or error-free. ETA hand2mind IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE DIGITAL CONTENT.
 
6. Limitation of Liability. The entire liability of ETA hand2mind and your exclusive remedy under this EULA, if any, shall not exceed the price paid for the DIGITAL CONTENT. In no event shall ETA hand2mind or its suppliers be liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the use or inability to use the DIGITAL CONTENT, even if ETA hand2mind or its supplier has been advised of the possibility of such damages, or any claim by a third party.
 
7. Rental. You may not loan, rent, or lease the DIGITAL CONTENT.
 
8. Upgrades. If the DIGITAL CONTENT is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the DIGITAL CONTENT is an upgrade of a DIGITAL CONTENT program which you licensed as a single product, the DIGITAL CONTENT may be used only as part of that single product package and may not be separated for use on more than one computer.
 
9. OEM Product Support. Product support for the DIGITAL CONTENT is provided by ETA hand2mind. For product support, please call ETA hand2mind. Should you have any questions concerning this, please refer to the address provided in the documentation.
 
10. No Liability for Consequential Damages. In no event shall ETA hand2mind or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this ETA hand2mind product, even if ETA hand2mind has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
 
11. We may amend this agreement at any time. Continued use of DIGITAL CONTENT acknowledges acceptance of any updated terms.
 
12. Indemnification By You. If you distribute the DIGITAL CONTENT in violation of this Agreement, you agree to indemnify, hold harmless, and defend ETA hand2mind and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the DIGITAL CONTENT in violation of this Agreement.
 
This EULA is governed by the laws of The State of Illinois in the United States of America. For more information, please contact:
ETA hand2mind
500 Greenview Court Vernon Hills, IL 60061 USA
800-445-5985 info@hand2mind.com
 
VIRTUAL MANIPULATIVE TERMS OF USE
 
IMPORTANT, PLEASE READ CAREFULLY. This License Agreement covers the use of your ETA hand2mind® virtual manipulative SOFTWARE.
This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are granted a license for this product when at least one of the following conditions applies:
1.) You have directly purchased a SOFTWARE license from ETA hand2mind.
2.) You have received the SOFTWARE via a bundled or package purchase of other ETA hand2mind products.
3.) You have received a sample order of the SOFTWARE via media or via an official ETA hand2mind download site.
 
END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") is a legal agreement between ETA hand2mind and you, the end user ("Licensee") with regard to the copyrighted materials (herein referred to as "SOFTWARE" or "SOFTWARE PRODUCT") provided with this EULA. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any related "online" electronic documentation. Use of any portion of the SOFTWARE PRODUCT provided to you by ETA hand2mind in whatever form or media, will constitute your acceptance of these terms. If you do not agree with the terms of this EULA, do not download, install, copy, or use the SOFTWARE. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, ETA hand2mind is unwilling to license the SOFTWARE PRODUCT to you.
 
1. Eligible Licensees. This SOFTWARE is available to any single entity who has been granted by ETA hand2mind a single use license (“single license") to use the ETA hand2mind SOFTWARE, with no right of duplication or further distribution, licensing, or sub-licensing. This License Agreement covers only one ETA hand2mind SOFTWARE title. You must possess a separate license for each ETA hand2mind SOFTWARE title that you employ for each user.
 
2. License Grant. ETA hand2mind grants to you a non-transferable and non-exclusive right to use the copy of the SOFTWARE provided with this EULA.
2A. Single use license. You agree you will not copy the SOFTWARE except as necessary to use it on any computer directly assigned to a single user. This also holds for using the materials accompanying the SOFTWARE other than with the SOFTWARE. Modifying, translating, renting, copying, transferring, or assigning all or part of the SOFTWARE, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels, or marks from the SOFTWARE is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the SOFTWARE.
 
3. Copyright. The SOFTWARE is licensed, not sold. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of ETA hand2mind and/or its suppliers, and you will not acquire any rights to the SOFTWARE, except as expressly set forth above. All copies of the SOFTWARE you make and distribute will contain the same proprietary notices as contained in or on the SOFTWARE. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by ETA hand2mind or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT except for use with the SOFTWARE PRODUCT.
 
4. Reverse Engineering. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part. If you are a company, corporation, public or private not-for-profit organization or association, or governmental agency, you will use your best efforts to prevent your employees, members, contractors, or anyone else associated with your entity from attempting to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the immediate termination of this license and the reversion of the rights granted hereunder to ETA hand2mind.
 
5. Disclaimer of Warranty. The SOFTWARE is provided "AS IS" without warranty of any kind. ETA hand2mind and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. The entire risk as to the quality and performance of the SOFTWARE is with you. Neither ETA hand2mind nor its suppliers warrant that the functions contained in the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error-free. ETA hand2mind IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
 
6. Limitation of Liability. The entire liability of ETA hand2mind and your exclusive remedy under this EULA, if any, shall not exceed the price paid for the SOFTWARE PRODUCT. In no event shall ETA hand2mind or its suppliers be liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the use or inability to use the SOFTWARE, even if ETA hand2mind or its supplier has been advised of the possibility of such damages, or any claim by a third party.
 
7. Rental. You may not loan, rent, or lease the SOFTWARE.
 
8. Upgrades. If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a SOFTWARE program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer.
 
9. OEM Product Support. Product support for the SOFTWARE PRODUCT is provided by ETA hand2mind. For product support, please call ETA hand2mind. Should you have any questions concerning this, please refer to the address provided in the documentation.
9A: Promethean ActivInspire software: ETA hand2mind makes no claims to ownership of Promethean ActivInspire marks, software, or other related materials assigned to Promethean. Support for Promethean ActivInspire should be provided by Promethean except as it relates to the SOFTWARE.
 
10. No Liability for Consequential Damages. In no event shall ETA hand2mind or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this ETA hand2mind product, even if ETA hand2mind has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
 
11. Indemnification By You. If you distribute the SOFTWARE in violation of this Agreement, you agree to indemnify, hold harmless, and defend ETA hand2mind and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the SOFTWARE in violation of this Agreement.
 
This EULA is governed by the laws of The State of Illinois in the United States of America. For more information, please contact:
ETA hand2mind
500 Greenview Court Vernon Hills, IL 60061 USA
800-445-5985 info@hand2mind.com