Cyber High User Agreement & Conditions
ACCESS LICENSE AND WARRANTY TO CYBER HIGH
Read this agreement carefully before downloading the Cyber High Browser. Downloading the Cyber High Browser indicates that you are an agent of your School/District, and as agent, the School/District agrees to abide by the conditions stated herein. If you have questions about this agreement, do not download the Cyber High Browser; contact Russ Chinn at rchinn@fcoe.org
Cyber High User Agreement
This agreement governs the access license held by your School/District (hereinafter “USER”) to the Cyber High On-Line Curriculum (hereinafter “Cyber High”) developed, copyrighted, owned, and maintained by the Fresno County Superintendent of Schools doing business as the Fresno County Office of Education and the California PASS Program (hereinafter “FCOE/California PASS Program”)
1. By USER installing the Cyber High Browser, USER indicates that USER has read, understood, and accepts the terms and conditions of this agreement.
2. USER has purchased access to one or more Cyber High courses in a separately executed agreement between USER and FCOE/California PASS Program. FCOE/California PASS Program grants USER limited, non-exclusive, non-commercial, non-transferrable use of Cyber High. Cyber High reserves all rights not expressly granted to USER; ownership of Cyber High, and its associated proprietary rights, is retained by the FCOE/California PASS Program.
3. USER agrees that FCOE/California PASS Program has no liability or obligation for any damages, delays, or failures to perform their obligations under this Agreement as a result of any causes or conditions beyond their reasonable control.
4. USER agrees not to copy, sell, lease, rent, distribute, or transfer the Cyber High program to others; create a derivative work of the Cyber High program; or to reveal benchmark tests. USER agrees not to attempt to or assist another person to circumvent, reverse engineer, decompile, disassemble, tamper with, or otherwise test the vulnerability of the Cyber High network or any network connected to the Cyber High network.
5. USER understands that the FCOE/California PASS Program will use reasonable efforts to protect the privacy and integrity of the Cyber High resources.
6. USER agrees not to allow any student, individual, or other end user to attempt any of the Unit Tests included in the Cyber High Browser without a review of unit work by authorized credentialed personnel to determine end user’s readiness for the test. Additionally, all Unit Tests must be conducted in the presence of authorized, credentialed personnel, and the identity of the individual undergoing the testing has been authenticated by USER.
7. DISCLAIMER/WARRANTY. FCOE/CALIFORNIA PASS PROGRAM DISCLAIMS ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO ANY SERVICE OR SUPPORT UNDER THIS LICENSE OR THE SYSTEM OR ANY OF ITS PARTS, AND EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FCOE/CALIFORNIA PASS PROGRAM EXPRESSLY DOES NOT WARRANT THAT ANY SOFTWARE OR THE SYSTEM SUBJECT TO THIS LICENSE OR ANY OF ITS PARTS WILL BE ERROR FREE, UNINTERRUPTED, AND FREE OF VIRUSES OR OTHER UNEXPECTED OR HARMFUL COMPONENTS.
8. SYSTEM PROVIDED “AS IS”. FCOE/CALIFORNIA PASS PROGRAM HEREBY NOTIFIES USER AND USER EXPRESSLY ACKNOWLEDGES THAT THE SYSTEM IS PROVIDED TO USER “AS IS.” FCOE/CALIFORNIA PASS PROGRAM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, TO INCLUDE, BUT NOT BE LIMITED TO, WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ALL OTHER TORTS.
9. FCOE/CALIFORNIA PASS PROGRAM IS NOT RESPONSIBLE FOR THE CONFIDENTIALITY OF DATA OR ANY UNAUTHORIZED ACCESS TO USER’S DATA.
10. In no event will the Fresno County Superintendent of Schools, FCOE/California PASS Program, the Fresno County Board of Education, and their directors, officers, agents, or contractors be liable for any indirect, consequential, special incidental, or punitive damages arising from USER’s access to and use of Cyber High.
11. This License may be amended only by written agreement of both parties.
12. Any unauthorized modifications made to Cyber High by USER shall immediately terminate any warranties given to USER and will terminate the License as well. Any and all costs for corrections that FCOE/California PASS Program must make to Cyber High by virtue of USER’s unauthorized modification shall be billed to, and paid for, by USER.
13. This License contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements of the parties with respect to the subject matter.
14. Neither party may assign its interest in this License without the express, written consent of the other.
15. The laws of the State of California shall govern the rights and obligations of the parties under this License. If any part of this License is found to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the License. The venue for any claim being brought for breach of this Agreement shall be in Fresno County or as appropriate in the U.S. District Court for the Eastern District of California, Fresno Division.
16. USER’s rights to use the Cyber High program and the rights under this agreement will terminate, if USER fails to comply with any term(s) listed herein.
17. USER acknowledges that he has read, understands, and agrees to be bound to all terms and conditions of this License upon installation of the Cyber High Browser.
If you have questions about this agreement, do not download the Cyber High Browser; contact Russ Chinn at rchinn@fcoe.org
Maintain a copy of this Agreement for your records.
Other Restrictions. You must not lease, loan or transfer the software in any way. You may only use the software personally on computers owned, leased or used by the District, Agency, Provider, Charter School, Organization, University, Private School, or
on a portable or home computer as set forth above. You may not modify, reverse engineer, decompile or disassemble the software.
District, Agency, Provider, Charter School, Organization, University, Private School policy. It is the responsibility of the purchasing entity to recognize and adhere to the user restrictions described above. It also important for all employees with access
to the software to understand that unauthorized copying exposes the individual and district to civil and in some cases criminal penalties.
If there are any questions regarding the license, please call the PASS Program office at (559) 265-4008
